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IN THE COMMONWEALTH COURT OF PENNSYLVANIA

COMMONWEALTH OF : PENNSYLVANIA, DEPARTMENT : OF ENVIRONMENTAL PROTECTION, : : Plaintiff : : v. : : DELTA CHEMICALS, INC., GEORGE : CHADA, HYDROCARBON REFINING : CORP., BESSEMER & LAKE ERIE : RAILROAD; BETHLEHEM STEEL; : CARBORUNDUM COMPANY, CASTLE : RUBBER CORPORATION, CHICAGO : RIVET AND MACHINE COMPANY, : CONTRAVES-GOERZ, COOPER : INDUSTRIES/MCGRAW-EDISON, FBC : CHEMICAL CORPORATION, : GENCORP INCORPORATED, : GENERAL MOTORS CORPORATION, : GLOBE DATA SYSTEM, INC. d/b/a : GLOBE TICKET COMPANY, : LEYBOLD VACUUM PRODUCTS, : PPG INDUSTRIES, QUALITY : CHEMICALS, INC., RESERVE : ENVIRONMENTAL SERVICE, INC., : ROBERTSHAW CONTROLS, : CORPORATION, SPANG AND : COMPANY, A. STUCKI COMPANY, : TRACO/THREE RIVERS ALUMINUM, : UNION RAILROAD, VOLKSWAGEN : OF AMERICA, WESTINGHOUSE : ELECTRIC and BAKERSTOWN : CONTAINER CORPORATION, : : Defendants :

No. 523 M.D. 1995 Argued: March 18, 1998

BEFORE:

HONORABLE JAMES GARDNER COLINS, President Judge HONORABLE JOSEPH T. DOYLE, Judge HONORABLE BERNARD L. McGINLEY, Judge HONORABLE DAN PELLEGRINI, Judge HONORABLE ROCHELLE S. FRIEDMAN, Judge HONORABLE JIM FLAHERTY, Judge HONORABLE BONNIE BRIGANCE LEADBETTER, Judge FILED: December 10, 1998

OPINION BY JUDGE DOYLE

Before this Court in our original jurisdiction is a Motion for Summary Judgment and Declaratory Judgment filed by the Department of Environmental Protection (Department), seeking reimbursement of hazardous waste cleanup costs from the defendants, Delta Chemicals (Delta), Hydrocarbon Refining Corporation (HRC) and the President and owner of both corporations, George Chada (collectively, Defendants). The Department seeks recovery of cleanup costs under Section 507(a) of the Hazardous Sites Cleanup Act (HSCA).1

BACKGROUND

In 1977, Chada incorporated Delta and named himself as president. Thereafter, Delta operated a facility for the reclamation and recycling of hazardous materials, including chloride, trichloroethane, mineral spirits, non-halogenated aliphatices and paint wastes on a 1.3 acre site in North Buffalo Township, Armstrong County (Delta Site). From 1981 to 1987, Delta, and later HRC,2 treated and

disposed of hazardous wastes, which were generated off-site by third parties and then
1 2

Act of October 18, 1988, P.L. 756, as amended, 35 P.S.

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