ELR Citation: ELR 20826
No(s). CV 89-7368-WMB (GHKx) (C.D. Cal. Dec 5, 1990)

The court holds that household waste is not exempt from inclusion as a "hazardous substance" under §101(14) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). In an attempt to escape liability under CERCLA §107(a)(3) for arranging to dispose of hazardous substances, 29 municipalities sought a ruling that rubbish generated by local residences and businesses is excluded from CERCLA's definition of hazardous substances. Based on congressional intent and the Environmental Protection Agency's interpretation of its regulations, the court holds that CERCLA §101(14) does not expressly exempt from liability the disposal of household wastes. Although the Resource Conservation and Recovery Act (RCRA) contains an exclusion for household waste, and the list of substances deemed hazardous under RCRA is also expressly incorporated into the definition of hazardous substances under CERCLA, the exclusion of household waste under RCRA is not equivalent to an identical exclusion under CERCLA. CERCLA §101(14) does not expressly include or exclude household waste from its definition of hazardous substances, and if Congress had intended to exempt household waste under CERCLA, it would have done so expressly. Because Congress expressly excluded petroleum from CERCLA's definition of hazardous substances, it is reasonable to conclude that Congress knew how to carve out an exemption for household waste.

Counsel for Plaintiffs
David A. Gianotti, Pierce O'Donnell
Kaye, Scholer, Feirman, Hays & Handler
2121 Ave. of the Stars, Ste. 2100, Los Angeles CA 90067
(213) 552-6400

Counsel for Defendants
DeWitt W. Clinton, Jonathan B. Crane
500 W. Temple St., Los Angeles CA 90012
(213) 974-1869