United States District Court, W.D. Washington, Seattle
SWANSON & CLEVELAND, PLLC Attorneys for Defendants and
Third Party Plaintiffs LeatherCare, Inc., Steven Ritt and
PEPPER PLLC Ken Lederman, Jeremy R. Larson, Alexandra
Gilliland, Ken Lederman, Jeremy R. Larson, Alexandra
Gilliland, FOSTER PEPPER PLLC, Attorneys for Defendants
TOUCHSTONE SLU LLC, a Washington limited liability company,
and TB TS/RELP LLC, a Washington limited liability company.
STIPULATION AND ORDER ON LIABILITY UNDER CERCLA AND
MTCA BETWEEN LEATHERCARE, INC. AND TB TS/RELP LLC
S. Zilly United States District Judge.
Inc. (“LeatherCare”) and TB TS/RELP LLC, by and
through their undersigned attorneys, hereby stipulate to and
request the Court to enter the following Order regarding
liability in this action under the Comprehensive
Environmental Response, Compensation, and Liability Act
(“CERCLA”) and the Model Toxics Control Act
on the mutual stipulation of LeatherCare, Touchstone SLU LLC
and TB TS/RELP LLC, the Court hereby ORDERS that:
LeatherCare and TB TS/RELP LLC enter into this stipulation
for the limited purpose of establishing certain elements of
claims under CERCLA and MTCA that would otherwise have to be
proved in this case.
Regarding the real property referred to as the Troy Block at
interest in this matter, there has been a
“release” or threatened release of
“hazardous substances” from a
“facility” as those terms are defined under
CERCLA, 42 U.S.C. §9601(9), (14), (22) and MTCA, RCW
70.105D.020(8), (13), (32).
LeatherCare is a “former operator” as defined
under CERCLA, 42 U.S.C. §9607(a)(2), and MTCA, RCW
Touchstone SLU LLC is a prior owner and operator of the
facility. Touchstone SLU LLC entered into Agreed Order No. DE
8996 with the Washington State Department of Ecology on May
12, 2012 (“Agreed Order”). Pursuant to the Agreed
Order, Touchstone SLU LLC is a Potentially Liable Person
under the Model Toxics Control Act, Chapter 70.105D RCW, in
connection with the Troy Laundry Site. Touchstone entered
into a First Amendment to the Agreed Order on or about August
March 28, 2013 Touchstone SLU LLC conveyed the Troy Block
property to TB TS/RELP LLC via Special Warranty Deed.
Touchstone SLU LLC is a member of TB TS/RELP LLC.
TS/RELP LLC is the current “owner or operator” as
defined under CERCLA, 42 U.S.C. §9607(a)(1), and MTCA,
Touchstone SLU LLC and TB TS/RELP LLC have incurred
“necessary costs of response” under CERCLA, 42
U.S.C. §9607(a)(4)(B), and “remedial action
costs” under MTCA, RCW 70.105D.080. Any response costs
or remedial action costs incurred by Touchstone SLU LLC are
now considered response costs or remedial action costs
incurred by TB TS/RELP LLC.
elements of liability under both CERCLA and MTCA as described
in paragraphs 2 through 8, infra, are hereby
established for purposes of LeatherCare's claims against
TB TS/RELP LLC, and for ...