SACRAMENTO, Calif. (Legal Newsline) - The California Department of Toxic Substances Control (DTSC) and the Toxic Substances Control Account filed a federal complaint on September 24 in the Eastern District of California against the Chevron Oronite Company LLC, Shell Oil Company and Atlantic Richfield Company.
The suit pursues a cost recovery claim pursuant to Section 107(a) of Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and declaratory relief pursuant to section 113(g)(2) of CERCLA.
According to the complaint, Montezuma Hills is a landfill approximately 156 acres in size located at 6292 Little Honker Bay Road, in an unincorporated part of Solano County, near the town of Rio Vista, California.
In 2002, IT Corporation (the former owner and operator of Montezuma Hills) filed for bankruptcy protection and, on May 1, 2004, the “IT Environmental Liquidating Trust” (ITELT) was established to oversee the long-term post-closure operation, maintenance, and upkeep of Montezuma Hills as part of the conclusion of the bankruptcy proceedings.
There have been “releases” of hazardous substances from Montezuma Hills, as defined in section 101(22) of CERCLA, 42 U.S.C. § 9601(22), which resulted in serious impacts to the environment (e.g., air, soil, soil vapor, surface water, groundwater, or other media) and allowed exposure (e.g., inhalation, dermal absorption, and ingestion) to human and ecological receptors on and off Montezuma Hills, the suit says.
Chevron Oronite Company LLC, Shell Oil Company and Atlantic Richfield Company have all allegedly dumped hazardous waste in the Montezuma Hills landfill, which is why DTSC is holding them responsible for paying for the cleanup of the area.
U.S. District Court for the Eastern District of California case number 2:21-cv-01737-TLN-JDP