Modern Sewer Corp. v. Nelson Distributing, Inc.

¶1 — Modern Sewer Corporation hired Nelson Distributing to provide petroleum to its gas station in Mukilteo, Washington. Nelson Distributing did not pump the 2,000 gallons of gasoline Modern Sewer ordered into the underground storage tank (UST); instead, it mistakenly pumped all 2,000 gallons into a monitoring well and into the ground. Modern Sewer Corporation sued under the Model Toxics Control Act (MTCA), chapter 70.105D RCW. Nelson argued that the MTCA did not apply because it does not provide a definition of “disposed” commensurate with Nelson’s actions and requested the trial court to…