RAYMOND J. BRODERICK, UNITED STATES DISTRICT JUDGE.
The United States, at the request of the Administrator of the Environmental Protection Agency ("EPA"), brings this action against defendant T & N plc ("T & N"), alleging that T & N was liable, pursuant to § 107(a) of the Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), 42 U.S.C. § 9607, for costs incurred by the EPA in responding to a release or threatened release of a hazardous substance at a waste disposal site in Ambler, Pennsylvania ("Ambler site"). A nonjury trial is presently scheduled to commence on June 5, 1989.
On April 20, 1989, the United States filed a motion for partial summary judgment in its favor on the issue that, under CERCLA, 42 U.S.C. § 9601(14), asbestos is a hazardous substance. For the reasons stated below, this Court will grant the United States' motion.
Summary judgment must be entered when the moving party demonstrates to the court that there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. In determining whether the movant has met his burden, the Court must inquire "whether the evidence presents a significant disagreement to require submission to a jury or whether it is so one sided that one party must prevail as a matter of law." Anderson v. Liberty Lobby, 477 U.S. 242, 91 L. Ed. 2d 202, 106 S. Ct. 2505, 2512 (1986). An issue is "genuine" only if the evidence is such that a reasonable jury could find for the party opposing the motion. Equimark Commercial Fin. Co. v. C.I.T. Fin. Servs. Corp., 812 F.2d 141, 144 (3d Cir. 1987). If the moving party meets this burden, the opposing party must come forward "with specific facts showing that there is a genuine issue for trial." Matsushita Elec. Indus. Co. v. Zenith Radio, 475 U.S. 574, 106 S. Ct. 1348, 1356, 89 L. Ed. 2d 538 (1986). In reaching its ruling on a motion for summary judgment, the Court must view the evidence in the light most favorable to the non-moving party, Lyons v. U.S. Marshals, 840 F.2d 202, 204 (3d Cir. 1988), and draw all inferences and resolve all conflicts in favor of the non-movant. Gans v. Mundy, 762 F.2d 338, 340 (3d Cir.), cert. denied, 474 U.S. 1010, 106 S. Ct. 537, 88 L. Ed. 2d 467 (1986).
"The mere fact that issue may be complex is not a valid reason to deny summary judgment when there is no genuine issue as to any material fact, and the movant is entitled to judgment as a matter of law." Zweig v. Hearst Corp., 521 F.2d 1129, 1136 (9th Cir.), cert. denied, 423 U.S. 1025, 46 L. Ed. 2d 399, 96 S. Ct. 469 (1975). Thus, courts have not hesitated to grant partial summary judgment in CERCLA cases. See, e.g., United States v. Wade, 577 F. Supp. 1326, 1330 (E.D.Pa.1983); United States v. Conservation Chemical Co., 619 F. Supp. 162, 175 (D.Mo. 1985); United States v. South Carolina Recycling and Disposal, Inc., 653 F. Supp. 984, 20 Env't Rep. Cas. (BNA) 1753, 1755 (D.S.C. 1984). Such rulings are, of course, favored inasmuch as the "summary judgment procedure is properly regarded not as a disfavored procedural shortcut, but rather as an integral part of the Federal Rules as a whole, which are designed 'to secure the just, speedy and inexpensive determination of every action.'" Celotex Corp. v. Catrett, 477 U.S. 317, 106 S. Ct. 2548, 2555, 91 L. Ed. 2d 265 (1986).
Section 107(a) of CERCLA identifies those "persons" who are liable for response costs incurred by the United States under Section 104 of CERCLA, 42 U.S.C. § 9604. Certain of the requisite elements of a prima facie case under § 107(a) concern the waste disposal site in general, while others concern the individual defendants. With respect to the Ambler site, the United States must establish the following:
(1) the Ambler site is a "facility";
(2) a "release" or a "threatened release" of a or any "hazardous substance" from the Ambler site has occurred; and