Stanislaus County to sue Modesto on dump

Stanislaus County will sue Modesto to force the city's help in cleaning up toxic groundwater under the defunct Geer Road landfill.

The two agencies jointly own the former dump east of town, but the county has a lead role in addressing increasingly costly clean-up efforts. State water officials issued a cease-and-desist order in April, with compliance estimates running to $4.5 million.

County supervisors voted behind closed doors Tuesday to initiate a lawsuit against Modesto and "possibly other potentially responsible parties" that went unnamed, according to a notice to The Bee. The others could include anyone connected with the landfill, including those who generated, brought or arranged refuse, County Counsel John Doering said in an e-mail.

"It is prudent to fully explore how costs may be shifted in whole or in part to others," reads a synopsis, suggesting that the city's insurance might be leaned on. "Otherwise, the enormous costs of responding to many serious environmental problems may well fall on taxpayers.

"The county expects that taxpayers will benefit if all or a portion of the cost to protect water quality at the Geer Road landfill is covered under one or more insurance policies," the notice continues.

It was not clear whether the county previously has sought the city's help. Doering refused to comment further "out of courtesy to the city of Modesto who has not yet been served with the intended complaint," he said in an e-mail.

Modesto officials said Tuesday afternoon they had not been served with legal papers.

"Until I see the action, I'm at a disadvantage to make a comment," City Attorney Susana Alcala Wood said. "The city has no obligation with regard to the cleanup costs. Pursuant to the landfill closure agreement, they bear the responsibility for the cleanup."

State scientists fear that a slowly moving underground plume is carrying cancer-causing agents. The state's April enforcement order requires the county to prevent the plume from contaminating the Tuolumne River and nearby wells, including those providing Hughson tap water.

Failing to meet a December 2013 deadline could fetch the county the state's most serious penalty, including steep fines.

About 4.5 million tons of garbage were buried without a bottom liner over two decades before the 168-acre dump closed in 1990. The county has spent about $20 million trying to contain toxins with treatment wells for groundwater and soil gas, but more are needed.

Bee staff writer Ken Carlson contributed to this report.

Bee staff writer Garth Stapley can be reached at gstapley@modbee.com or (209) 578-2390.