We previously discussed the RCRA lawsuit filed by a bank that had foreclosed on a residential property that turned out to be impacted by contamination from an adjacent dry cleaner in Forest Park National Bank v Ditchfield. The bank had alleged that vapors migrating from the contaminated groundwater and soil constituted an imminent and substantial endangerment under RCRA 7002.
The parties recently settled this lawsuit. The defendant has agreed to reimburse the bank $200K in attorney fees and $20K to resolve its common law claims. The defendant also agreed to demolish the residence, enroll the property in the Illinois voluntary cleanup agreement, excavate all contaminated soil and obtain a no further remediation (NFR) letter for a residential cleanup.
A copy of the settlement is available here: