California Ex Rel. California Department of Toxic Services v. Neville Chemical Co.

ORDER GRANTING IN PART PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT OR IN THE ALTERNATIVE, PARTIAL SUMMARY JUDGMENT

I. INTRODUCTION

This case is a cost-recovery action brought by plaintiff State of California on behalf of the Department of Toxic Substances Control (“DTSC”) under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (“CERCLA”), 42 U.S.C. §§ 9601 et seq. DTSC seeks to recover costs associated with the cleanup of hazardous substances at a chemical manufacturing plant owned and operated by defendant Neville Chemical Company (“Neville”). The parties are now before the Court on DTSC’s motion for summary judgment.

II. FACTS

A. Background

Neville is the owner and operator of a 3.5 acre industrial facility in Santa Fe Springs, California (the “site”). Compl. ¶ 6. From 1952 to approximately 1987, Ne-ville manufactured chemical compounds for use in insecticides, solvents, metalworking lubricants and flame retardants at the site. Id. ¶ 8 . Investigations at the site found that the soil and groundwater were significantly contaminated with hazardous sub stances from Neville’s past handling, storage and disposal practices. Id. ¶ 11 . In 1986, DTSC…