Local News in Brief : Huntington Beach : Suit Over Cleanup of Ex-Dump Site Allowed

A federal appeals court Tuesday ruled that Ascon Properties should be allowed to resume its lawsuit seeking about $250 million in compensation for cleanup of Ascon’s 37-acre property, a former dump site, near Edison High School.

The 9th Circuit Court of Appeals in San Francisco reinstated Ascon’s lawsuit against Mobil Oil Co. and 11 other oil and trucking companies, which Ascon alleges dumped petroleum-drilling wastes and some hazardous materials at the property from 1938 to 1972. The site, at the southwest corner of Magnolia Street and Hamilton Avenue, was used as a waste disposal site for oil field operations during that time, said Hal Simmons, a senior planner for the city of Huntington Beach.

Ascon alleges that the previous owner, Steverson Bros., allowed illegal dumping of hazardous materials dating back to 1952. Vice President John Lindsey said Tuesday that Ascon bought the land in July, 1983, and has planned to build homes and commercial property on it. He said the state declared the property a hazardous waste site requiring cleanup 6 months later.

The Huntington Beach City Council on Feb. 22 will consider Ascon’s request to build up to 1,000 homes on the property pending the results of environmental studies.

Tuesday’s ruling overturns a decision by U.S. District Court Judge Consuelo Marshall dismissing the suit. It allows Ascon to proceed with its lawsuit, which was filed under terms of the Comprehensive Environmental Response, Compensation and Liability Act.

Also named in the suit were Shell Oil, TRW, Douglas Oil, Dow Chemical Co., Signal Cos., Southern California Edison, SoCal Oil & Refining Co., and Routh Transport/IT Corp.