Wednesday, August 26, 2009

CITY WINS JUDGEMENT IN ENVIRONMENTAL COST-RECOVERY LAWSUIT

The City of Indianapolis succeeded in its first step to
secure repayment of millions of taxpayer dollars used to clean up a
contaminated eastside Brownfield site. An August 20th judgment secured
against the Ertel Manufacturing Corporation found the company caused or
contributed to environmental contamination at their former site on Dr.
Andrew J. Brown Avenue. The case will now proceed with a determination
of damages, estimated by the City to be more than $5 million.

"This case should send a clear message: if you pollute our
neighborhoods, you will pay," said Mayor Greg Ballard. "I pledged
leaner, greener government that protects taxpayer dollars and keeps
Indianapolis safe and clean. As a central part of our commitment to
making Indianapolis a great place to live and work, we are fighting
those who pollute our community. This case will move forward to recover
millions for the City's clean up efforts, but I am especially pleased
that it protects our citizens and our environment."

Before the City cleaned up the Ertel site, it contained significant
amounts of contamination and an abandoned factory. To date, the City
has spent more than $5 million to remove tons of contaminated soil and
to protect the Martindale-Brightwood neighborhood from contamination. In
the court's ruling, it found that Ertel is liable to the City for these
costs.

Today, the reclaimed property is an expansion site for Major Tool &
Machine. The clean-up efforts allowed Major Tool & Machine to keep more
than 250 jobs in Indianapolis and extend its operation.

"The Department of Metropolitan Development and the Office of
Corporation Counsel are aggressively identifying sites for clean up and
prosecuting cases against polluters," said Chris Cotterill, Corporation
Counsel. "Our judgment against Ertel is a positive step forward, but it
is just the beginning."

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