10.  Various hazardous substances, including trichloroethylene (“TCE”), a human  carcinogen, were used at the Facility during GMI’s ownership and operation of the Facility.     11.  During its ownership and operation of the Facility, GMI disposed of and released  various hazardous substances, including TCE, into the environment at the Facility.   12.  The hazardous substances and hazardous wastes, including TCE, released by GMI  at the Facility have migrated and continue to migrate in vapor form onto or immediately adjacent  to all properties in the Class Area.  TCE vapors are present beneath, inside or adjacent to homes  throughout the Class Area, threatening the health of all residents in the Class Area.  Plaintiffs and  members of the Class first learned in 2013 that properties in the Class Area were impacted and/or  threatened by vapor intrusion of contamination emanating from the Facility.   13.  As a result of GMI’s contamination, the value of properties in the Class Area has  been severely diminished.  Further, Plaintiffs and other members of the Class have been forced  to live in homes impacted and/or threatened by vapor intrusion contamination, resulting in the  loss of the reasonable use and enjoyment of their property, and aggravation and annoyance.   14.  GMI has failed to adequately investigate and remediate the vapor intrusion  contamination caused by its unlawful waste handling practices, which continues to migrate into  and throughout the Class Area.   15.  GMI has failed to adequately investigate and delineate the geographical scope of  the vapor contamination emanating from the Facility.   17.  Plaintiffs bring each of the claims in this action in their own names and on behalf  of a class of all persons similarly situated, pursuant to Rule 23 of the Federal Rules of Civil  Procedure.   18.  The Class consists of all persons and non-governmental entities that own  residential property within the “Class Area.”  The geographical boundaries of the Class Area are  depicted on the figure attached hereto as Exhibit 1.1     19.  The Class Area consists of more than two hundred (200) properties. Upon  information and belief, the Class consists of well more than one hundred (100) persons and/or  legal entities, and is accordingly so numerous that joinder of all members is impractical.   20.  There are core questions of law and fact that are common to each member of the  Class, such as: whether there have been releases of hazardous substances and wastes, including  TCE, at and from the Facility; whether such releases have migrated in vapor form into and  impacted and/or threatened properties within the Class Area; whether GMI is legally responsible  for the vapor contamination in the Class Area; whether Plaintiffs and the Class have been  damaged by the vapor contamination caused by the Facility; and whether GMI should be ordered  to abate the vapor contamination present in the Class Area.   21.  Plaintiffs’ claims are typical of the claims of the Class.  All claims seek recovery  on the same legal theories and are based upon GMI’s common course of conduct.   23.  Plaintiffs have retained counsel who are competent and experienced in class  action litigation, including environmental class action suits such as this one.  24.  Plaintiffs, individually and on behalf of the Class defined herein, repeat, reallege  and incorporate by reference paragraphs 1 through 23 of the Complaint as paragraph 24 of this  Count I, as though fully set forth herein.   25.  GMI is a "person" as defined by Section 101(21) of CERCLA, 42 U.S.C.  §9601(21).   26.  The Facility is a “facility” as defined by § 101 (9) of CERCLA, 42 U.S.C. §  9601(9).   27.  GMI owned and operated the Facility during a time period when hazardous  substances, including TCE, were disposed of into the environment at the Facility.  GMI is thus a  “covered person” that is liable under Section 107(a)(2) of CERCLA, 42 U.S.C. § 9607(a)(2).   28.  Releases of hazardous substances, including TCE, from the Facility into the Class  Area are continuing.   29.  These releases have resulted in the migration of hazardous substances, including  TCE in vapor form, into the Class Area.   31.  Plaintiffs repeat, reallege and incorporate by reference paragraphs 1 through 23 of  this Complaint as paragraph 31 of this Count II, as though fully set forth herein.   32.  GMI had and has a duty to Plaintiffs and the Class not to permit or allow  hazardous substances and hazardous wastes, including TCE, used at the Facility to impact and/or  threaten Plaintiffs’ and Class Area properties.  GMI also had and has a duty to promptly respond  to known releases of contaminants in a manner which would prevent further vapor intrusion  contamination, and otherwise protect Plaintiffs and the Class from this vapor intrusion  contamination and the impacts it has on Class Area properties.   33.  GMI has breached these duties by its negligent acts and omissions in owning,  operating, maintaining, and controlling the Facility, by its improper release and disposal of  contaminants, by its failure to properly handle, dispose of, contain and abate the hazardous  wastes at, and released from, the Facility, and by its failure to promptly and effectively  investigate and address the migration of vapor intrusion contamination off-site and into the  surrounding residential areas.   34.  GMI has also breached its duty to timely warn Plaintiffs and the Class of the  actual and/or threatened vapor intrusion contamination of their properties, and the risk of  personal harm due to the presence of PCE and TCE vapors within and beneath their homes.   36.  Plaintiffs repeat, reallege and incorporate by reference paragraphs 1 through 23  and 31 through 35 of this Complaint as paragraph 36 of this Count III, as though fully set forth  herein.   37.  The Facility is a private nuisance to Plaintiffs and the Class.  GMI remains in  control of the Facility with respect to addressing the contamination present there and which  continues to cause vapor intrusion contamination throughout the Class Area.   38.  Contaminants improperly disposed at and released from the Facility continue to  migrate in vapor form onto Class Area properties.   40.  Plaintiffs and the Class have suffered substantial damage as a result of GMI’s  control and ongoing maintenance of the Facility, a private nuisance.  In addition to compensatory  damages, Plaintiffs and the Class also seek injunctive relief under this Count, in the form of an  injunctive order restraining and enjoining GMI from allowing continued vapor intrusion  contamination of Plaintiffs’ and Class members’ properties and compelling GMI to abate the  vapor intrusion contamination it has caused in the Class Area.  41.  Plaintiffs repeat, reallege and incorporate by reference paragraphs 1 through 23  and 31 through 40 of this Complaint as paragraph 41 of this Count IV, as though fully set forth  herein.   42.  GMI continues to cause and permit vapor intrusion contaminants to enter  Plaintiffs’ and Class Area properties.  This entry is unlawful and without the consent of Plaintiffs  and the Class.   43.  In addition, vapor intrusion contaminants that originate from the Facility are  known, or should be known, by GMI to be present at, on and/or inside Class Area properties.  In  spite of this knowledge, GMI has failed to remove or otherwise sufficiently remediate these  hazardous waste contaminants from Class Area properties.   45.  The invasion of Class Area properties is unreasonable and unlawful.  As a result  of GMI’s continuing trespasses, the lawful rights of Plaintiffs and Class Members to use and  enjoy their properties has been substantially interfered with, and Plaintiffs and the Class have  been damaged.  In addition to compensatory damages, Plaintiffs and the Class also seek  injunctive relief under this Count, in the form of an injunctive order restraining and enjoining  GMI from allowing continued vapor intrusion contamination of Plaintiffs’ and Class members’  properties and compelling GMI to abate the vapor intrusion contamination it has caused in the  Class Area.  46.  Plaintiffs repeat, reallege and incorporate by reference paragraphs 1 through 23  and 31 through 45 of this Complaint as paragraph 46 of this Count V, as though fully set forth  herein.   47.  GMI has acted in a willful and wanton manner and in reckless indifference to  Plaintiffs’ and the Class’s health and property, and to the safety of the general public.   48.  GMI knew that Plaintiffs and the Class are exposed to and/or threatened by this  contamination, yet has intentionally failed to promptly and adequately investigate and mitigate  the threat to Plaintiffs and the Class.   50.  As a direct and proximate result of the willful, wanton and reckless acts and/or  omissions of GMI, Plaintiffs and the Class have sustained damages.  In addition to compensatory  damages, Plaintiffs and the Class also seek injunctive relief under this Count, in the form of an  injunctive order restraining and enjoining GMI from allowing continued vapor intrusion  contamination of Plaintiffs’ and Class members’ properties and compelling GMI to abate the  vapor intrusion contamination it has caused in the Class Area.  CERCLA COST RECOVERY, 42 U.S.C. § 9607(a)   NEGLIGENCE   PRIVATE NUISANCE   TRESPASS   WILLFUL AND WANTON MISCONDUCT  