California v. M & P INVESTMENTS

MEMORANDUM AND ORDER

This matter is before the court on plaintiff City of Lodi’s (“plaintiff’ or “Lodi”) motion for partial summary judgment of the counterclaim asserted by defendant Guild Cleaners, Inc. (“Guild”) pursuant to section 7002(a)(1)(A) of the Resource Conservation and Recovery Act of 1976 (“RCRA”), 42 U.S.C. § 6942 (a)(1)(A). Guild opposes the motion. The court heard oral argument on July 25, 2003.

BACKGROUND

A. Factual Background

Lodi first detected the hazardous substance tetrachoroethylene (“PCE”) in its municipal waster supply wells in June 1989. After the contamination was discovered, Lodi began testing groundwater samples from a limited number of downtown municipal supply wells. (Guild’s Third Amended Counterclaim, filed June 13, 2002, (“Counterclaim”) ¶ 25.) The testing revealed elevated levels of PCE and trichloroethylene (“TCE”) and, as a result, Lodi closed a limited number of municipal supply wells, some of which were later reopened. (Id.)

Two state agencies, the California Regional Water Quality Control Board, Central Valley Region (“RWQCB”) and the California Department of Toxic Substance Control (“DTSC”) initiated investigations to identify potential…