SITE INFORMATION AND CORRESPONDENCE_1993-1996

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A-12 ThtrrsdaY,Janu.�try 28, 1993 The Stockton Record RULING nation was a public nuisance, Center'S cre- ating an imminent and substantial threat to the environment but not Continued from A-t necessarily to human health. Hess referred questions to his at- The toxic compounds were dis- �� get d rney.cline covered in late 1sour and in 1987 Hess' attorney, Bob Goodman, Lincoln Properties began its inves- declined to discuss the ruling, ex- Ligation into the source and extent cept to point out that the judge of the contamination. found no current environmental vi- Smith said Lincoln Properties olations, nor any serious threat to already has spent more than $4 dl work human health from the many years million on attorney fees, and on of toric-water leaks. experts hired to investigate the Judge David F. Levi ruled last scope of the contamination proh- week that the dry cleaners, who lem. discharged toxic chemicals into "We're the only party who's Judge clears owners wells and groundwater near the spent a nickel to date,"he said. center over 30 years, have to help He said Lincoln Properties in- the landowners investigate, mon- tends to recover its costs from the in Lincoln cleanup itor and test the groundwater and present and past owners of the dry- toxic pollution below the center. cleaning stores, but declined to say The judge found the dry clean- whether Lincoln Properties would By Carol Whipple ers discharged two dry-cleaning allow the two remaining dry clean- The Stockton Record solvents — tetrachloroethylene ers in the center to remain. A case involving Stockton's Lincoln Center has (PCE) and trichloroethylene Attorney Donovan said the g (TCE), both known to cause liver judge concluded that Congress in- changed the rules for who pays for pollution cleanup. cancer in mice—into the county's Y tended to give private citizens af- A federal district judge has ruled that the owners of sewers and into the groundwater fected by another's contamination the center can force three tenants to immediately start around and under the center, in the same right to get a court order paying for problems caused by the violation of county ordinances. against the polluter as the federal pollution. Before the ruling, prop- He also found that the contami- Environmental Protection Agency. erty owners had to pay the costs and then pursue damages from their ten- an The case may have nationwide Timeline of Lincoln Center woes T impact,according to Palo Alto envi- Chronology of Lincoln Center contamination: ronmental attorney Michael Donovan,one of Lincoln ■ November 1984 to January 1985:Contamination discovered in Properties lawyers. Lincoln Village Maintenance District well No. 1.Well is shut down. "It's intended to free citizens from spending money ■ March 1985: Tetrachloroethylene (PCE), a known carcinogen, themselves to collect the necessary evidence (of con- discovered in sewer lines at and near Lincoln Center. tamination) to go to court (against the polluters)," he ■ June 1985: Sewers repaired to prevent leaks. said. ■ August 1987: Regional Water Quality Control Board orders The ruling is the first ever under a federal law Lincoln Properties Ltd., which owns the Lincoln Center property, giving private citizens the right to sue polluters whose to prepare a plan to investigate the contamination. handling of hazardous waste endangers the environ- ■ Lincoln Properties asks the three dry cleaners on the north ment or human health,Donovan said. and South side of the center to reimburse it for its costs of investi- "We're very happy about the ruling," said Will gating.They refuse. Smith, vice president of Sims-Grupe Management ■ April 1991: Reports submitted to RWQCB conclude that two Corp. Inc., the general partner of Lincoln Properties toxic chemicals are present in the groundwater and may migrate Ltd.,which owns Lincoln Center. to the water source used to supply the city's water. "I think it will be important for all property own- 0 June 1991: Lincoln Properties sues dry cleaners in federal ers. ...It means that innocent landowners will no court to recover its costs of investigation. longer have to go through the Superfund process and N February 1992:The RWQCB agreed that the dry cleaners were spend tons of money before getting the other parties the source of the contaminated groundwater but required only to contribute." Lincoln Properties to investigate. Three Lincoln Center cleaners were named in E November 1992: Hearing before U.S. District Judge David F. dry Levi on Lincoln Properties' motion to hold the dry cleaners liable the suit: Village Cleaners, on the north side of Lin- for the contamination and to make them indemnify Lincoln Prop- coln Center, owned by Monroe Hess; Finest Care erties for its expenses. Cleaners, on the south side of the center, owned by ■ Jan,21, 1993:Judge Levi finds dry cleaners liable under federal Jack Alquist; and Norge Cleaners, which quit busi- and state law for contamination and says that dry cleaners must ness in 1987,and its former owners. participate in investigation, monitoring and testing of the ground- Alquist was not available for comment Wednesday. water.The exact requirements will be determined later. See RULING,Bads page