tag:blogger.com,1999:blog-5274166896237661450.post4881396805394208417..comments2023-04-17T02:45:06.439-05:00Comments on Illinois Environmental Law Blog: Contamination Claims Against Dry Cleaner Allowed to Proceed in Federal CourtDave Scriven-Younghttp://www.blogger.com/profile/01697903408569968484noreply@blogger.comBlogger1125tag:blogger.com,1999:blog-5274166896237661450.post-15765782431395913122010-06-21T11:58:06.184-05:002010-06-21T11:58:06.184-05:00Hi Dave: Not being familiar with Illinois's En...Hi Dave: Not being familiar with Illinois's Environmental Protection Laws, I was surprised to learn that this type of claim is being pursued in the court under CERCLA/RCRA.<br /><br />Here in Massachusetts, we have the Massachusetts Contingency Plan (MCP - 310 CMR 40.0000), under which we have supported numerous claims for Perchloroethylene (PERC) contamination from dry cleaners from the risk perspective (SubPart I. 310 CMR 40.0900) along with a Downgradient Property Status Submittal to the MassDEP Department in accordance with 310 CMR 40.0180 to enable the plaintiff (a.k.a. Downgradient Recipient) to file for damages in accordance with M.G.L.c. 21E 4A.<br /><br />In MA, the advantage of this approach is that MassDEP becomes involved and if the impacted groundwater (usually the primary medium most affected by PERC) is a part of a Drinking Water Resource Area, can, if necessary, intervene directly, if the release poses "Significant Risk" of harm to public health and welfare to cleanup up the contamination expeditiously and bill the Defendant directly.<br /><br />Does IL's Environmental Protection Program have such measures to protect DPS recipients? <br /><br />One footnote, you mention PCBs being associated with the dry cleaning industry. This is unlikely and if found at such sites, usually represents historical release from the PCB-containing dielectric fluids used in the older electrical transformers, or hydraulic fluids used in older presses.Peter W. Woodman, Ph.D.http://www.riskmi.comnoreply@blogger.com