Dry Cleaning Contamination Cleanup: Immunity
 
September 1, 1999
 

In a recent decision, Metropolitan Dade County v. Chase Federal Housing, the Florida Supreme Court affirmed that the immunity provisions of the Florida Dry Cleaning Contamination Cleanup Act apply retroactively to bar claims seeking the recovery of cleanup costs incurred prior to a facility's participation in the cleanup program. Dade County incurred costs arising from groundwater contamination caused by a release from a dry cleaner. After the county incurred its costs the dry cleaner applied for participation in the state cleanup program and the state approved the application. The county argued that while the dry cleaner may be shielded from cost recovery under the Act's immunity provisions for costs incurred after it was accepted into the program, it was not immune from claims seeking pre-eligibility costs. The court concluded otherwise, finding the express terms of the Act and its purpose demonstrate a legislative intent to apply the immunity provisions retroactively and that retroactive application was constitutional.