The city of Los Alamitos on Monday approved a “Second Tolling Agreement” after a closed session to discuss litigation involving the BKK Landfill in W. Covina.
Apparently, the city has since 2017 been trying to sort out claims related to the landfill, according to a memo from City Manager Chet Simmons.
“The BKK Working Group (“Working Group”) is an association of private entities that have
incurred costs in responding to and cleaning up hazardous material at the now closed
BKK Corporation Landfill Facility, which accepted waste from about 1962 to 1987.” According to the memo.
In 2017, the City received a letter from the BKK Working Group alleging that the City maybe liable for costs incurred to respond to and clean up hazardous material disposed of atthe now closed BKK Corporation Landfill Facility in West Covina, California.
In response to the letter, the City approved a tolling agreement, suspending any statute of limitations applicable to any claims the BKK Working Group could file against the City until September 25, 2020, Simmons informed the council.
Apparently, the city received another letter, this one on July 21, 2020 from attorney Denise Gail Fellers, of Morgan Lewis Gockius, LLP. Her letter recounted “an unofficial association entities,” operating within a “judicially approved consent decree with the California Department of Toxic Substances Control,” had apparently disposed toxic substances at BKK.
More notably, she said more than five million tons of liquid and solid hazardous wastes, with much greater volumes of municipal wastes had been disposed of at the site.
Her letter identifies the city as a “potentially responsible party.”
According to Fellers, the BKK Working Group “recently discovered information suggesting the city of Los Alamitos disposed of wastes at the Class I landfill and may therefore be liable for necessary response actions and other costs.”
Fellers requested the city approve a second “tolling agreement” to give all parties more time.
The Council discussed the details of the arrangement in closed session but voted unanimously when back in open session to approve a second tolling agreement, this one to expire in 2023.
“The Second Tolling Agreement would provide all involved parties with additional time to explore the basis for any potential claims,” said Simmons.
Further, he said it could facilitate settlement of any such claims without the need for expensive and protracted litigation.
“The Second Tolling Agreement will eliminate any immediate need to incur legal fees
either defending or prosecuting claims between the City and the BKK Working Group
related to the BKK Corporation Landfill Facility,” Simmons told the council in his memo.
The Second Tolling agreement does not constitute any admission of fact or liability, he added.
