Extract to table

DEH's Own PRP Status It must be acknowledged that DEH, as successor-in-interest to DTS, is itself a PRP under CERCLA § 107(a)(2)

Even if some soil contamination can be geographically divided between the two tank farms, the groundwater treatment system — which must address the commingled plume as a whole — represents an indivisible remediation effort

The in-situ chemical oxidation and enhanced bioremediation program, the long-term monitoring network, and the institutional controls must be designed and implemented on a site-wide basis

§ 9613(g)(2), the limitations period for a cost-recovery action under § 107 depends on the type of response action: (i) For a remedial action, the claim must be brought within six years after initiation of physical on-site construction of the remedial action; (ii) For a removal action, the claim must be brought within three years after completion of the removal action

NCP Consistency (CERCLA-Specific) Under CERCLA § 107(a)(4)(B), a private-party plaintiff must demonstrate that its response costs were incurred "consistent with the National Contingency Plan

Accordingly, while NCP consistency remains a technical element that DEH must satisfy, it is not anticipated to present a significant vulnerability