Last Thursday, the United States of America and the State of Indiana brought an action in the Northern District of Indiana against Northern Indiana Public Service Company, LLC. Plaintiffs seek relief under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) relating to the Town of Pines Superfund Site located in Porter County, Indiana, referred to in the complaint as the Site.
Plaintiffs allege that at all relevant times Defendant was a producer and distributor of electricity in northern Indiana. As part of that activity, “Defendant arranged for disposal or treatment of hazardous substances and/or arranged with a transporter for transport for disposal or treatment, of hazardous substances it owned or possessed, at locations within the Site that were owned or possessed by another party or entity.” Plaintiffs allege that Defendant is responsible for hazardous materials contained in coal ash, or coal combustible residuals (CCRs), deposited “often as fill” and particularly make allegations related to “areas of groundwater contaminated by such CCRs.”
Plaintiff alleges remediation efforts by the Environmental Protection Agency (EPA) and the State of Indiana since 2003, including various prior remediation related agreements between the EPA and the Defendant and other responsible parties. Plaintiffs seek reimbursement of historical and prospective response costs and injunctive and declaratory relief.
