ELR Citation: ELR 20297
No(s). C-89-3754 SAW (N.D. Cal. Jun 30, 1992)

The court holds that solder dross, a byproduct generated in manufacturing cans, is not a solid or hazardous waste regulated under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). The court holds that solder dross does not fit the U.S. Environmental Protection Agency's (EPA's) definition of "solid waste" under the "accumulated speculatively" category. Nor is solder dross a "hazardous waste" under CERCLA, because under that definition, a material cannot be a hazardous waste unless it is a solid waste. The court holds that the defendants are not liable for delivering solder dross for reclamation.

Counsel for Plaintiff
Susan Fiering, Deputy Attorney General
Attorney General's Office
2101 Webster St., Oakland CA 94612
(510) 286-3892

Counsel for Defendants
Sarah Flanagan
Pillsbury, Madison & Sutro
P.O. Box 7880, San Francisco CA 94120
(415) 983-1000