California Department of Toxic Substances Control v. City of Chico

AMENDED ORDER

Plaintiff, Century Indemnity Company (Century), filed this action after expending funds in connection with the remediation of a hazardous waste site. Century brings claims alleging rights under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 42 U.S.C. §§ 9601 et seq. Century also alleges various state law based claims. This matter comes before the court on defendants’ motions to dismiss, pursuant to Fed.R.Civ.P. 12(b)(6), and for judgment on the pleadings, pursuant to Fed.R.Civ.P. 12(c). I decide the motions based on the papers and pleadings filed herein and after oral argument.

I.

BACKGROUND

This action arises out of a perchloroe-thylene (“PCE”) plume located in the central business district of Chico, California. On February 28, 2002, the California Department of Toxic Substances Control (“DTSC”) filed suit against ten individuals and companies seeking to recover its costs in investigating and remediating the PCE-eontaminated groundwater in the Central Plume. The defendants, include, inter alia, Noret, Inc. (“Noret”) and its two principals, Norville and Janet Weiss (“Weisses”). As is standard practice in multi-party CERCLA…