Harlan D. Douglass, et ux v. Shamrock Paving, Inc.

¶ 1 The Model Toxics Control Act (MTCA), chapters 70.105D and 82.21 RCW, provides a statutory framework for recovery of hazardous waste remediation costs. Shamrock Paving Inc. admittedly discharged petroleum, a statutorily defined hazardous substance, onto the Douglasses’ property. Nevertheless, Shamrock denies responsibility for costs because the quantities released were too small to pose a potential threat to human health or the environment.

¶2 Shamrock’s position is factually accurate and legally significant, but it is not dispositive. Our disagreement with Shamrock lies in the scope of…