ELR Citation: ELR 20076
No(s). 90-0654 (W.D. Pa. Mar 30, 1992)

The court holds that companies that sent scrap materials to the Metcoa Radiation site in Pulaski, Pennsylvania, arranged for the treatment and disposal of hazardous substances, and thus are liable under §107(a)(3) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). The court finds that the site owner's handling of the scrap materials constituted "treatment" under CERCLA, because it processed the materials, altering the character and composition of the hazardous waste scraps. The court similarly finds that the processing of the scrap materials constitutes "disposal" under CERCLA, because the processing created wastes that were disposed of on land and in the air. Intent to dispose is not a requirement under CERCLA. Determining who decided to send the wastes to a site facility containing hazardous wastes is the relevant inquiry. The court holds that the companies arranged for disposal of the wastes, and thus are liable under CERCLA §107(a)(3), because they all sent to the site hazardous substances which could not be used for their intended purpose without processing.

Counsel for Plaintiff
Robert Eberhardt, Ass't U.S. Attorney
U.S. Attorney's Office
555 4th St. NW, Washington DC 20001
(202) 514-7566

Counsel for Defendants
Anthony P. Picadio
Picadio, McCall, Kane & Norton
600 Grant St., Ste. 800, Pittsburgh PA 15219
(412) 288-4000