California Ex Rel. California Department of Toxic Substances Control v. Hyampom Lumber Co.

MEMORANDUM AND ORDER

The State of California brings this CERCLA cost recovery action in an effort to recoup expenses it incurred cleaning up a contaminated lumber mill site in Trinity County. The State moves for summary judgment against each defendant on the grounds that there is no dispute of material fact as to liability under 42 U.S.C. § 9607 . Defendants oppose the State’s motion and also move for summary judgment on the grounds that the State’s action for cost recovery is barred by the six-year statute of limitations provided at 42 U.S.C. § 9613 (g)(2)(B).

Background

The relevant facts are undisputed. The State filed this action on September 30,1994, to recover the costs it incurred cleaning up chemical contamination at the Jensen Site, an area of land in Trinity County, where, at various times between 1948 and 1983, a lumber mill was operated. During operations, lumber milled at the site was treated by dipping it into a chemical solution. Over the years, the solution, which contained pentaehlorophenol and tetrachlorophenol, would drip onto and leak into the ground at the site.

The Jensen Site first came to the attention of the State in March 1984 when the North Coast…