ELR Citation: ELR 20227
No(s). 08-0872 (E.D. Cal. Aug 9, 2010)

A district court held that a company that manufacturers a machine that recycles dirty perchloroethylene (PCE) for reuse in future dry cleaning is not liable as an arranger under CERCLA for the disposal of hazardous substances at a dry cleaning facility. The dry cleaning facility failed to demonstrate that the company took intentional steps to dispose of the waste. The company had no more than knowledge that the machine might leak, spill, dump, or otherwise discard waste water with PCE residue. Based on its installation instructions, the machine provided for waste water to be caught in a pail. Once caught in the pail, the company neither planned for nor controlled disposal of the wastewater. In addition, because the company sold a useful product that, through its normal use, produced PCE-containing water waste, the useful product defense shields the company from arranger liability. The court also dismissed the facility's nuisance and trespass claims.