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Technicians were present throughout the trial to operate the computer equipment and were very efficient in doing so. In order to make the required showing, a § 113 plaintiff must establish (1) that defendant is a "covered person" under CERCLA; (2) that a release of any hazardous substance at the site in question has occurred; (3) that the release caused plaintiff to incur costs; (4) that plaintiff's response action or cleanup was consistent with the NCP; and (5) that plaintiff's costs are "necessary" costs of response. In keeping with the known groundwater flow direction, Hendron generally compared shallow groundwater data from wells upgradient from the subject property with data from on-site wells and those immediately downgradient from the property.

The parties provided the court with an array of computer monitors in the courtroom which allowed the court, counsel, and all 38 witnesses immediate access to the hundreds of exhibits presented during the trial. CERCLA liability may be inferred from the totality of the circumstances and need not be proved by direct evidence. Because § 107 imposes strict liability upon PRPs regardless of fault, causation is not part of the liability inquiry under § 113. at 891 ("To establish liability under § 9613(f), it is sufficient for the plaintiff to establish a connection between a particular defendant and the incurred response costs vis-a-vis the defendant's identification as a responsible person as defined in § 9607(a)."); Control Data Corp. In May 1998, the City retained David Hendron and his company, Geo Syntec Consultants, to assist in determining whether specific properties located within the Site were sources of groundwater contamination.*fn20 According to Hendron, groundwater flows across the Site generally in a north-to-south direction, with a downward gradient of about five feet per mile.

Plaintiff City of Wichita (City) brings this private party action against (1) the Trustees of the APCO Oil Corporation Liquidating Trust (ALT); (2) Reid Supply Company, Inc., Charles P. Chlorinated solvents do not occur naturally either in soil or groundwater. Groundwater readings taken at monitoring well WM-1, just south of APCO's property line, revealed concentrations of PCE in the shallow groundwater (18 feet bgs) at 1200 ppb, TCE at 7300 ppb, and cis-1-2-DCE at 17,000 ppb, respectively.*fn21 Additional geoprobe sampling was performed on the former APCO property in March 2000.*fn22 The samples were taken at location 910B, directly beneath the location of APCO's loading dock.

Finally, the court declares that ALT and Reid will be liable for any future source control measures at the former APCO and Reid Supply facilities, respectively. SUMMARY OF THE DISPUTE In 1986, the Kansas Department of Health and Environment (KDHE), an administrative agency of the State of Kansas, collected groundwater samples at multiple locations within the Gilbert and Mosley Site (the Site) and discovered high levels of chlorinated volafile organic compounds, also known as chlorinated solvents. At APC-5, for example, PCE concentrations of 1,403 ppb were discovered in the soil at 2 feet below ground surface (bgs) near the southeast corner of the facility.

All counsel conveyed a level of preparation and skill in their representation that surpassed the court's expectations in light of the difficult nature of the subject matter. Hendron focused upon shallow groundwater results because shallow groundwater is generally the first to be impacted.

For February, visitors are invited to discover Lodi, California.

APCO Liquidating, Congress, Democrats, Economy, Education, Environment, FBI, fraud, Health, Internet, Investigation, Justice Department, local news, meta, National News, Politics, Press Release, Republicans, Wikipedia Department of Justice Office of Public Affairs FOR IMMEDIATE RELEASE Friday, November 1, 2013 APCO Liquidating Trust to Pay United States Million in Cost Recoveries to Settle Longstanding Bankruptcy Litigation The U. Bankruptcy Court for the District of Delaware approved a settlement agreement today between the United States and the APCO Liquidating Trust (a successor in interest to APCO Oil Corporation).

The settlement follows seven years of litigation concerning the APCO Liquidating Trust’s liability under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA or “Superfund”) for costs incurred by the U. Environmental Protection Agency (EPA) for the ongoing cleanup of the Oklahoma Refining Company (ORC) Superfund Site located in Cyril, Okla.

Lodi has some of the oldest Zinfandel vines in California, many dating back to the Gold Rush of 1849.

PLAY: The Lodi Wine & Food Festival on April 2 is offering wine tasting and pairings, dishes from 15 local restaurants, olive oil tasting and the chance to meet the winemakers.

For February, visitors are invited to discover Lodi, California.APCO Liquidating, Congress, Democrats, Economy, Education, Environment, FBI, fraud, Health, Internet, Investigation, Justice Department, local news, meta, National News, Politics, Press Release, Republicans, Wikipedia Department of Justice Office of Public Affairs FOR IMMEDIATE RELEASE Friday, November 1, 2013 APCO Liquidating Trust to Pay United States Million in Cost Recoveries to Settle Longstanding Bankruptcy Litigation The U. Bankruptcy Court for the District of Delaware approved a settlement agreement today between the United States and the APCO Liquidating Trust (a successor in interest to APCO Oil Corporation).The settlement follows seven years of litigation concerning the APCO Liquidating Trust’s liability under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA or “Superfund”) for costs incurred by the U. Environmental Protection Agency (EPA) for the ongoing cleanup of the Oklahoma Refining Company (ORC) Superfund Site located in Cyril, Okla.Lodi has some of the oldest Zinfandel vines in California, many dating back to the Gold Rush of 1849.PLAY: The Lodi Wine & Food Festival on April 2 is offering wine tasting and pairings, dishes from 15 local restaurants, olive oil tasting and the chance to meet the winemakers.In February 2006, EPA filed a proof of claim in the Trust’s bankruptcy proceeding seeking the recovery of past and estimated future cleanup costs incurred in connection with the site. “We are very pleased that as a result of vigorous enforcement in the bankruptcy court, the United States was able to achieve a substantial recovery,” said Robert G.