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Enns Pontiac, Buick, & GMC Truck v. Flores,

ELR Citation: 41 ELR 20175
Nos. No. 1:07-cv-01043, (E.D. Cal., 04/20/2011)

A district court denied a property owner's motion to add RCRA claims to its CERCLA and state law action against a dry cleaner for groundwater contamination. The property owner failed to comply with RCRA's notice requirements. The boilerplate and conclusory RCRA notices provided by the owner fail to provide any information to enable the recipient to ascertain a range of dates for the alleged violations. The notices do not suggest the mechanism for contamination; to the contrary, the notices say nothing about what operations on the site are alleged to have caused contamination. Nor do the notices even generally identify the types of contaminants at issue. In short, the notices are devoid of any specific information sufficient to allow the recipient to identify the specific standards, regulations, conditions, requirements, or orders that have allegedly been violated.