USA v. Sterling Centrecorp Inc. et al

Filing 329

ORDER signed by District Judge Morrison C. England, Jr. on 2/8/18 GRANTING 305 DTSC's MOTION. (Kaminski, H)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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UNITED STATES OF AMERICA, and
CALIFORNIA DEPARTMENT OF TOXIC
SUBSTANCES CONTROL,

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ORDER REGARDING DTSC’S
ENFORCEMENT COSTS

Plaintiffs,

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2:08-cv-02556-MCE-DB

v.
STERLING CENTRECORP INC.,
STEPHEN P. ELDER, and ELDER
DEVELOPMENT, INC.,
Defendants.

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The Court having reviewed the motion of Plaintiff the California Department of Toxic
Substances Control (“DTSC”) against Defendants Sterling CentreCorp, Inc. (“Sterling”), Stephen
P. Elder and Elder Development, Inc. (collectively, “Elder”) for an award of enforcement
response costs, the declarations and exhibits in support thereof, as well as the opposition and
reply papers, and good cause appearing;
IT IS HEREBY ORDERED that:
1) DTSC’s motion ((ECF No. 305) is GRANTED.

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Order (2:08-cv-02556-MCE-DB)

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2) As of April 5, 2016, DTSC incurred recoverable unreimbursed enforcement

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response costs of at least $476,754.94 in connection with the Lava Cap Mine

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Superfund Site in Nevada County;

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3) These costs were not inconsistent with the National Contingency Plan and are

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therefore recoverable against Defendants pursuant to section 107(a) of the

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Comprehensive Environmental Response, Compensation and Liability Act, 42

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U.S.C. § 9607(a).

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IT IS SO ORDERED.
Dated: February 8, 2018

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Order (2:08-cv-02556-MCE-DB)