Facts

The State of California Department of Toxic Substances Control filed suit against Westside Delivery LLC under the Comprehensive Environmental Response, Compensation, and Liability Act and the California Hazardous Substances Account Act in relation to defendant's operation of a solvent recycling facility in Los Angeles.

PLAINTIFF'S CONTENTIONS: The Dept. of Toxic Substances Control sought recovery of costs incurred responding to releases and threatened releases of hazardous substances, at or from, the former Davis Chemical Co. Plaintiff sought declaratory relief under CERCLA. Plaintiff sought defendant be found jointly and severally liable for any future response costs relating to releases and threatened releases of hazardous substances at or from the site. Plaintiff also sought injunctive relief compelling defendant to conduct any necessary future response actions at the site. The Dept. of Toxic Substances Control claimed that from 1953 to 1990, Davis Chemical operated a solvent recycling facility at the site, and a 1997 investigation revealed 1,1,2-trichloroethane, perchloroethene, and 1,1,2,2-tetrachloroethane in the soil at the site. The Dept. of Toxic Substances Control contended that in 2002, it issued a consent order relating to chemicals in the soil at the site that posed a substantial danger to public health and the environment, and a remedial action plan was developed. The Dept. of Toxic Substances Control alleged it implemented the plan from 2010-2015, and defendant, having taken title to the site from Davis Chemical, must reimburse The Dept. of Toxic Substances Control for response costs.

DEFENDANT'S CONTENTIONS: Defendant disputed the contentions.

Result

The parties agreed to a consent decree under which defendant agreed to pay the Dept. of Toxic Substances Control $175,000.