Cities Sue County Over Perchlorate Surcharge

By Tatiana Prophet, Daily Press, Victorville, Calif.

Feb. 14–Fo r 1 1 c i t i e s i n S a n Bernardino County, the prospect of paying a surcharge for a chemical that did not originate in their areas just doesn’t seem right. It has become such a sore point that the cities have filed suit against the county for breach of contract, asking for a refund of all fees paid since March relating to perchlorate found at the landfill in Rialto. The suit also asks for a judicial declaration that the county was negligent in both its acquisition and handling of the Mid-Valley Landfill — which was previously used by manufacturers of rockets, missiles and other armaments, according to the complaint. In March, the county informed all cities that it would be charging an additional 69 cents per ton resulting from the cleanup of perchlorate. The cities and towns that have filed suit are: Apple Valley, Barstow, Big Bear Lake, Fontana, Grand Terrace, Highland, Loma Linda, San Bernardino, Victorville, Yucaipa and Yucca Valley. At high levels, perchlorate can temporarily and reversibly inhibit the thyroid’s ability to absorb iodine from the bloodstream, according to the National Academy of Sciences. It has been associated with rocket fuel and the manufacture of other industrial components. In previous interviews with local water experts, testing of wells in the Victor Valley area has not come up with perchlorate. According to the complaint, “The county failed to exercise reasonable due diligence and proper environmental assessment at the time of its purchase necessary to evaluate whether or not that parcel was contaminated.” The Daily Press was unable to reach the attorney for the plaintiffs. But Deputy County Counsel Bob Jocks said the county conducted an “appropriate” environmental assessment on the property. “Actually, when we bought the property, the environmental assessment didn’t show any perchlorate,” he said. “We obviously learned at some point after that that there was perchlorate on there.” The cities claim breach of contract because the original contract from 1998 stated that the fee would be raised only because of an “uncontrollable circumstance” such as an “act of God, landslide, lightning, earthquake, fire, explosion, sabotage … war, riot or civil disturbance.” The suit also asks for a determination that the county breached the original agreement and is liable for damages to be proven at the time of trial.

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Copyright (c) 2007, Daily Press, Victorville, Calif.

Distributed by McClatchy-Tribune Business News.

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