Commonwealth v. Bryner

PALLADINO, Judge.

This opinion addresses a motion for partial summary judgment in an action in equity filed by the Pennsylvania Department of Environmental Resources (DER) to recover response costs pursuant to subsection 507(a) of the Hazardous Sites Cleanup Act (HSCA), Act of October 18, 1988, P.L. 756, 35 P.S. § 6020.507(a).

I. PROCEDURAL HISTORY.

DER’s amended complaint filed in this court’s original jurisdiction alleges that DER incurred response costs when it remediated environmental contamination at a site in Lafayette Township, McKean County, Pennsylvania, where there existed a…