Mangan Lewis
Denise Gail Fellers
Associate
+1,213,680.6427
denise,fell ers@morgaNewis,corn
September 25, 2017
VIA REGULAR MAIL
Karl H. Berger
City Attorney
City of Bellflower
Hensley Law Group
2600 W. Oilve Ave, Suite 500
Burbank, CA 91505
Re: BKK Landfill, West Covina, CA
Dear City Attorney Berger:
This firm represents the BKK Working Group, an unaffiliated association of entities that has entered into a series of judicially -approved consent decrees with the California Department of Toxic Substances Control ("DISC") to take certain limited actions at the Class I Landfill portion ("Class I Landfill") of the BKK Corporation Landfill Facility In West Covina, CA (the "Site"). The BKK Working Group has recently discovered information suggesting that City of Bellflower (hereinafter referred to as "you") disposed of waste at the Class I Landfill and may therefore be liable for necessary response actions and other costs incurred by the BKK Working Group under § 107(a) of the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA'% 42 U.S.C. § 9607(a), and California Health and Safety Code § 25323.5. Enclosed with this fetter is a Tolling Agreement relating to potential claims the BKK Working Group may have against you based on its work at the Class I Landfill,
The BKK Landfill and Response Actions
The BKK Site is an approximately 583-acre facility located at 2210 South Azusa Avenue, West Covina, California. The Site contains a closed hazardous waste Class I landfill, a closed Class III municipal solid waste landfill, and related facilities including a ieachate treatment plant and a landfill gas collection system. The Class I Landfill is approximately 190 acres in size and accepted waste from roughly 1962 to 1987. In total, the Class I Landfill accepted approximately five million tons of liquid and solid hazardous wastes together with substantially greater amounts of municipal and commercial wastes. BKK Corporation is the owner and operator of the Class I and Class III landfills.
In October 2004, BKK Corporation announced that it could not continue to conduct post -closure care for the Class I Landfill after November 17, 2004. Consequently, DTSC engaged a contractor to Morgan, Lewis & SocklUs LLv
3N South Grand Avenue
Twenty -Second Floor
Los Angeles, CA 90071.3132 0 +1.213.612.2500
United States 0 +1.213.612,2501
D1331201611838 1
September 25, 2017
Shipping records maintained by DTSC and the BKK Corporation, as well as other business records maintained by the BKK Corporation, identify generators who arranged for the disposal of waste at the Class I landfill. Based on this information, the BKK Working Group believes that you are one of the generators that disposed of waste at the Class I landfill and therefore a PRP with respect to the Facility.
Tolling Agreement
The BKK Working Group has incurred response costs related to the BKK Class I Landfill, including but not limited to costs incurred pursuant to the three Consent Decrees. As a result, the BKK Working Group possesses claims against you for the recovery of response costs pursuant to CERCLA, the HSAA, and California common law. The BKK Working Group Strongly prefers that any litigation be deferred until such time as a long-term settlement and enforcement approach has been developed for the Class I Landfill and that you and the other entities who arranged for the disposal of wastes have had the opportunity to participate in such a settlement. The BKK Working Group Is working with DTSC on such an approach. The enclosed Tolling Agreement would toll, or stop, any statute of limitatlons applicable to potential claims that the BKK Working Group has against you --or that you have against the BKK Working Group —relating to the Site from the effective date of the Tolling Agreement through 60 days following the termination of the Tolling Agreement. The Tolling Agreement terminates on September 25, 2020, The Tolling Agreement also includes a "standstill" clause that will prohibit either the BKK Working Group or City of El Segundo from initiating litigation against the other for claims related to the Site for the duration of the Agreement. The Tolling Agreement does not constitute an admission of fact or of liability. It is simply intended to provide the parties with additional time to consider settlement options. Please give these matters your immediate attention.
Information to Assist Responsible Parties
Please sign and return both originals of the Tolling Agreement to the following address no later than November 17, 2017:
Marina Rodriguez
Senior Paralegal
Morgan Lewis & Bockius LLP
300 South Grand Avenue, Suite 2200
Los Angeles, CA 90071
marina. [email protected]
Following receipt of both signed originals of the Tolling Agreement, the BKK Working Group will sign both originals and return one fully executed orlginal to you at the above address or any other address you so designate.
UB312016 118383
September 25, 2017
Thank you for your attention to this matter. If you have any questions, please contact me at (213) 680-6427 or Oeni$eJ&llers@morc anlewis.com.
Sincerely,
Denise Gail Fellers
DGF
Enclosure
DR31 20161193R I