Blog: Hexavalent chromium/RCRA – Federal appellate court reconsiders public water system liability
A citizen suit action was filed by an environmental organization alleging the public water system was potentially subject to the RCRA “imminent and substantial endangerment provisions” because the groundwater it utilized contained hexavalent chromium. The hexavalent chromium in the groundwater likely originated from a release at a wood treating facility known as the Wickes site. The environmental organization California River Watch (“CRW”) concluded that the hexavalent chromium from the Wickes site migrated through groundwater to the Elmira Well Field (“Well Field”). The City of Vacaville (“City”) allegedly drew a significant amount of its water from the Well Field.