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UNITED STATES v. SERAFINI

June 5, 1992

UNITED STATES OF AMERICA, Plaintiff
v.
LOUIS SERAFINI, et al., Defendants v. LACKAWANNA REFUSE REMOVAL, INC., et al., Third-Party Defendants


McClure, Jr.


The opinion of the court was delivered by: JAMES F. MCCLURE, JR.

June 5, 1992

 BACKGROUND

 The United States instituted this action on November 10, 1986, seeking injunctive relief and recovery of response costs pursuant to Sections 106 and 107 of the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"), 42 U.S.C. §§ 9606(a) and 9607(a), in connection with the Taylor Borough hazardous waste site located south of Scranton, Pennsylvania. The remedial action at the Taylor site has been completed pursuant to a consent decree negotiated by the United States and several defendants. The United States is now seeking reimbursement of the outstanding costs it incurred in responding to the release of hazardous substances at the site from the remaining defendants, namely, the City of Scranton ("Scranton") and Louis Serafini, Alfred Bernabei, Ernest Buttafoco, and Michael J. Naples, Jr., individually and trading as Empire Contracting Company ("Empire defendants"). By a previous Order, these defendants were held to be jointly and severally liable to the United States for unreimbursed response costs. Scranton has filed complaints against numerous third-party defendants, seeking contribution and indemnification under CERCLA and common law theories.

 Currently before the court is the United States' motion for summary judgment on response costs against Scranton and the Empire defendants. *fn1"

 RELEVANT FACTS

 As stated above, the remedial action at the Taylor site has been completed pursuant to a consent decree. The costs associated with the remedial action are not in dispute.

 1. Environmental Protection Agency ("EPA") Headquarters employees performed response activities at the Taylor site. *fn2"

 2. The United States has incurred costs for the response activities performed at the Taylor site by EPA Headquarters employees, in the form of payroll expenses of those employees, in the amount of $ 8,950.10.

 3. The United States has incurred costs of at least $ 757.16 for travel expenses of EPA Headquarters employees travelling to perform response activities at the Taylor site.

 4. EPA Region III employees have performed response activities at the Taylor site.

 5. The United States has incurred costs for the response activities performed by Region III employees at the Taylor site of at least $ 140,340.08 in payroll expenses for those employees.

 6. Region III personnel have travelled to perform response activities at the Taylor site.

 7. The United States has incurred costs of at least $ 6,124.12 in paying the travel expenses of Region III employees travelling to perform response activities at the Taylor site.

 8. Roy F. Weston has conducted response activities at the Taylor site pursuant to Contract Nos. 68-01-6669 and 68-01-7367.

 9. The United States has incurred costs of at least $ 37,409.86 in payments to Roy F. Weston for the response activities Roy F. Weston conducted at the Taylor site pursuant to Contract Nos. 68-01-6669 and 68-01-7367.

 10. Viar and Company ("Viar") and contract laboratories participating in EPA's Contract Laboratory Program have performed response activities at the Taylor site.

 11. The United States has incurred costs of at least $ 124,603.37 in payments to Viar for the response activities Viar conducted at the Taylor site.

 12. NUS Corporation has conducted response activities at the Taylor site pursuant to Contract Nos. 68-01-6699 and 68-01-7346.

 13. The United States has incurred costs of at least $ 618,361.23 in payments to NUS Corporation for the response activities conducted at the Taylor site pursuant to ...


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