The opinion of the court was delivered by: KATZ
MARVIN KATZ, UNITED STATES DISTRICT JUDGE.
AND NOW, this 15th day of December, 1988, after a hearing, it is hereby ORDERED that the Motions for Summary Judgment of defendants George S. Coyne Chemical Co., Inc., Textile Chemical Co., Inc. and Chemclene Corp. are DENIED. The defendants have failed to show that there is no genuine issue of material fact and that they are entitled to a judgment as a matter of law. Fed.R.Civ.P. 56.
1. In this suit, plaintiff Ametek, Inc. ("Ametek") seeks to recover from defendants some or all of its response costs incurred to date in its investigation and amelioration of trichloroethylene ("TCE") contamination at its Hunter Spring Division facility in Hatfield, Pennsylvania. Recovery is sought under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ("CERCLA"), as amended by the Superfund Amendments and Reauthorization Act of 1986 ("SARA"), 42 U.S.C. §§ 9601 et seq. In addition, plaintiff seeks a declaratory judgment that defendants are jointly and severally liable for any future remedial costs incurred by plaintiff.
2. Between 1980 and 1982, defendant Pioneer Salt & Chemical Co. ("Pioneer") delivered bulk shipments of TCE to Ametek. Between 1983 and 1985, defendant Textile Chemical Co., Inc. ("Textile") delivered bulk shipments of TCE to Ametek. In 1986, defendant Chemclene Corp. ("Chemclene") delivered bulk shipments of TCE to Ametek. In July, 1982, following Pioneer's final TCE delivery to Ametek, defendant George S. Coyne Chemical Co., Inc. ("Coyne") purchased certain of Pioneer's assets employed in the business of selling bulk chemicals. In 1984, an involuntary petition for bankruptcy was filed against Pioneer. On December 13, 1988, the automatic stay imposed by the bankruptcy court was lifted by order of Judge Twardowski, permitting this action to proceed against Pioneer to the extent that there is insurance coverage available.
3. Plaintiff asserts liability against all defendants under CERCLA § 107(a), codified at 42 U.S.C. § 9607(a). Specifically as to Coyne, plaintiff claims that even though Coyne itself never made TCE deliveries to Ametek, it is nevertheless also liable under the above provision on the theory that it is Pioneer's successor-in-interest.
4. 42 U.S.C. § 9607 provides, in pertinent part:
(a) Covered persons;. . .
Notwithstanding any other provision or rule of law, and subject only to the defenses set forth in subsection (b) of this section --
(2) any person who at the time of disposal of any hazardous substance owned or operated any facility at which such hazardous substances were disposed of, and
(4) any person who accepts or accepted any hazardous substances for transport to disposal or treatment facilities, incineration vessels or sites selected by such person, from which there is a release, or a threatened release which causes the incurrence of response costs, of a hazardous substance, shall be liable for --
(B) any . . . necessary costs of response incurred by any . . . person consistent with the national contingency plan.
There shall be no liability under subsection (a) of this section for a person otherwise liable who can establish by a preponderance of the evidence that the release or threat of release of a hazardous substance and ...