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1 Wickland is=jointly and severally liable for the contamination resulting from the dry cleaning <br /> 2 operations at the Site. Accordingly, Wickland has no apparent contribution claims to be barred. <br /> 3 To further clarify,the Settling Parties respond that any direct claims that Wickland <br /> 4 might have which are unrelated to those resolved by the Consent Decree (i.e. personal injury, loss <br /> 5 of value of its leasehold or lost profits claims) are not subject to, or barred by, the contribution <br /> 6 protection which would result from this settlement and the Court's entry of this Consent Decree. <br /> 7 As for any claims that Wickland might assert for any incremental or augmented additional <br /> 8 remedial investigation or clean-up costs it has or may incur resulting solely from the migrating <br /> 9 PCE and TCE contamination, sections VI and XI of the Consent Decree already provide that the <br /> 10 Settling Dry Cleaning Defendants shall, at their sole cost,jointly and severally, fully, <br /> 11 competently, and timely perform the Work, non-exclusively including construction, operating, and <br /> 12 maintaining any interim removal or remedial action(s) and the final remedy and in all respects <br /> 13 implementing the requirements of the Permanent Injunction and this Consent Decree. <br /> 14 Accordingly,the Settling Dry Cleaning Defendants must, at their sole cost, investigate and <br /> 15 remediate the Hazardous Substance contamination at or emanating from the Site, wherever it may <br /> 16 come to be located. In short, to the extent that Wickland asserts that it may suffer incremental or <br /> 17 augmented damages resulting solely from the detected presence of solvent contamination in <br /> 18 combination with the hydrocarbon contamination,that portion of the investigation or remediation <br /> 19 costs pertaining solely to the dry cleaning solvent contamination will be covered under the <br /> 20 Consent Decree and the Settling Dry Cleaning Defendants are liable for those incremental <br /> 21 investigation or clean-up requirements or for their costs. To facilitate and expedite the timely and <br /> 22 cost effective remediation of the Site,the Settling Parties urge Wickland to coordinate their <br /> 23 efforts to remediate the petroleum hydrocarbon contamination at their retail site with the Settling <br /> 24 Parties and cooperate with the Settling Parties in effecting a full, competent and timely clean-up <br /> 25 of the entire Site. <br /> 26 <br /> 27 <br /> 28 <br /> JOINT SUMMARY OF PUBLIC COMMENTS&RESPONSES REGARDING FIRST FINAL CONSENT DECREE -12- <br /> 0009203.10 10/03/94 Q 10:43 AM <br />