UNIVERSAL SCRAP METALS, INC. v. FLEXI-VAN LEASING, INC.
The Board granted respondent’s motion for summary judgement for count three and denied the motion as to count one and two. The Board directed this matter proceed to hearing as to count one and two.
April 5, 2001UNIVERSAL SCRAP METALS, INC.,Complainant,v.
FLEXI-VAN LEASING, INC.,
Respondent.
UNCONTESTED FACTS
For purposes of the summary judgment motion before the Board in this citizen’senforcement action, the following facts are uncontested.
Mot.
at 2-3.
In July 1985, GPC sold the
site to William Kritt, who leased it during 1986 to Johnny McClelland. Resp. Br. at 3.Universal Scrap never stored diesel oil, gasoline, waste oil, or heating oil at the site during thetime it owned or occupied the site. Resp. Br. at 4. At the time PEI found it, approximately 264gallons of diesel oil remained in tank number one.
Allowed
wilsonb
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