Challenge

During a routine inspection of the site of Crown City Plating Co, a former plating company dating back to the 1950s, the State of California Regional Water Quality Control Board (RWQCB) noticed stained soil in the vicinity of a drum storage area onsite. The site had been used to manufacture and electro-plate aircraft components, automobile parts, locking mechanisms, and other similar products for more than 40 years. Chlorinated solvents and vapor degreasers were used at several locations at the site over the years for cleaning parts before electro-plating. New and spent solvents were kept onsite at the drum storage area designated in the company’s southern parking lot. The RWQCB ultimately requested the company to complete several soil and groundwater investigations to delineate soil, soil vapor, and groundwater quality at the property. Impacts due to solvent use and storage were identified at several locations at the site.

Solutions

GLA was retained by a law firm in Los Angeles to provide expert services in the insurance litigation case resulting from the soil and groundwater investigations to ascertain whether insurance coverage was applicable to site solvent releases. GLA was asked to provide an opinion on the location, nature, and timing of site solvent releases, if any. Dr. Stephen J. Cullen provided an expert opinion at trial as to the timing and location of solvent releases to the subsurface based on witness testimony regarding the history of solvent use at the site, site aerial photo reviews, the history of solvent detections in site subsurface media samples, and modeling of solvent release travel times. Dr. Cullen also opined as to whether subsurface solvents were present as dense nonaqueous phase liquids.

Results

Based on Dr. Cullen’s detailed and scientifically-backed expert testimony on location, nature, and timing and on his opinion that a portion of the site subsurface impacts were due to releases that originated from offsite, the California State Superior Court handed down judgement in favor of the client.