Full opinion text
ORDER SETTING FORTH FINDINGS OF FACT AND CONCLUSIONS OF LAW FOLLOWING NON-JURY TRIAL MARTINEZ, District Judge. This is a civil environmental action brought by Miami-Dade County against the United States of America for monetary recovery, injunctive relief, and declaratory relief arising from environmental contamination at and around Miami International Airport (“MIA”), which is located in Miami-Dade County, Florida. Miami-Dade County seeks relief pursuant to two federal statutes, the Comprehensive Environmental Response Compensation and Liability Act of 1980 (“CERCLA”), as amended 42 U.S.C. §§ 9601-9675, and the Resource Conservation and Recovery Act (“RCRA”), as amended, 42 U.S.C. §§ 6901-6992; certain Florida statutes; and Chapter 24 of the Miami-Dade County Code. The Court has jurisdiction pursuant to 28 U.S.C. § 1331 and 28 U.S.C. § 1367. The Court conducted a non-jury trial in this action on sixteen days between December 8, 2003 and January 7, 2004. After reviewing written memoranda of law submitted by the parties, the Court heard closing arguments on February 4, 2004. Having carefully considered the testimony and evidence, the briefs of counsel, and for the reasons set forth below, the Court enters the following Findings of Fact and Conclusions of Law in accordance with its obligations under Rule 52 of the Federal Rules of Civil Procedure. I. FINDINGS OF FACT A. The Parties 1. Plaintiff, Miami-Dade County (the “County”), is a charter county established pursuant to the Florida Constitution. Article VIII, Section 1(g) of the Florida Constitution provides that charter counties shall have all powers of local self-government not inconsistent with general law, or with special law approved by vote of the electors. The governing body of a county operating under a charter may enact county ordinances not inconsistent with general law. The charter shall provide which shall prevail in the event of a conflict between county and municipal ordinances. See Levy v. Miami-Dade County, 254 F.Supp.2d 1269, 1272-74 (S.D.Fla.2003) (discussing the historical background of the County, as provided to the Court by stipulation of the parties). The County has acted as landlord for aviation industry tenants at MIA since 1948. (Exs. 6, 7, 5030, 5179, 5196, 5198, 5200, 5221, 6178, and 6482). The County concedes it is a responsible party under 42 U.S.C. § 9607(a). 2. Defendant, United States of America (the “United States”), is the federal government established by the Constitution of the United States of America and includes all relevant agencies of the federal government. Absent a waiver of sovereign immunity, this Court lacks jurisdiction to hear a claim against the United States. FDIC v. Meyer, 510 U.S. 471, 475, 114 S.Ct. 996, 127 L.Ed.2d 308 (1994); United States v. Sherwood, 312 U.S. 584, 586, 61 S.Ct. 767, 85 L.Ed. 1058 (1941). The United States acted as the exclusive owner and operator of MIA from 1942 to 1948. (Ex. 8). B. Procedural Background 3. The County filed suit against the United States on May 11, 2001 and demanded trial by jury. Subsequently, upon Defendant’s motion, the Court struck the jury demand as to all counts. (D.E. No. 150). Count I of the Complaint seeks contribution under CERCLA for the direct owner/operator liability of the United States, for the World War II period, the post-World War II transition period, and the post-World War II period. 4. Count II seeks contribution under CERCLA for arranger liability of the United States in connection with its direct operations at MIA. 5. Count III seeks contribution under CERCLA for activities performed for and at the direction of the United States by Aerodex, Inc. (“Aerodex”). 6. Count IV seeks contribution under CERCLA for activities performed for and at the direction of the United States by private maintenance companies. 7. Count V seeks contribution under CERCLA for activities of the “overhaul joint venture,” a common law joint venture between the United States and Aerodex. 8. Count VI seeks declaratory relief under CERCLA that the United States is liable to the County for the United States’ allocable share of the cost incurred and costs to be incurred in response to releases or threatened releases of hazardous substances at or from the facilities at MIA. 9. Count VII is a RCRA citizens’ suit by which the County seeks a preliminary and permanent injunction ordering the United States to undertake, perform, and pay for any further responses, investigations, assessments, or corrective actions necessary in connection with the releases of solid wastes, hazardous substances, pollutants, contaminants, and petroleum products caused or contributed to by the United States that may present an imminent and substantial endangerment in or around MIA. 10. Count VIII seeks cost recovery, contribution, and declaratory relief pursuant to Section 376.313, Florida Statutes. Section 376.313 allows an individual to bring a cause of action for damages and contribution resulting from pollution discharges. 11. Count IX seeks contribution and declaratory relief pursuant to Section 403.727, Florida Statutes. Section 403.727(8) provides that a party liable for pollution conditions which violate the statute shall have a right to contribution from other parties liable for the pollution conditions, as set forth in § 403.727(c). Section 403.727(c) is modeled 42 U.S.C. § 9607(a)(3), which identifies parties who are potentially liable for the payment or reimbursement of response costs under CERCLA. See Florida Poiver & Light Co. v. Allis Chalmers Corp., 893 F.2d 1313, 1317 n. 3. 12. Count X seeks cost recovery, declaratory relief, preliminary and permanent injunctive relief, and civil penalties pursuant to Chapter 24 of the Miami-Dade County Code (“County Code”). Specifically, the County alleges the United States’ actions resulted in pollution discharges to state waters, a nuisance, and a sanity nuisance in violation of Chapter 24-11(1) and 24-11(3) of the County Code. 13. The United States moved for judgment on the pleadings. (D.E. No. 82). In its motion, the United States argued the Court lacks subject matter jurisdiction to hear Counts VIII, IX, and X, because the United States has not waived sovereign immunity to suit under the state and local laws at issue. 14. The Court held that as a matter of law, “the CERCLA waiver of sovereign immunity applies only to facilities currently owned or operated by a department, agency, or instrumentality of the United States, and that the RCRA waiver does not apply to past government activities.” (D.E. No. 177). However, the Court declined to enter judgment on the pleadings as to Counts VIII, IX, and X, because both parties submitted evidence outside the pleadings, which “presentfed] a genuine issue of material fact as to whether the designation of MIA as a [Formerly Used Defense Site] confers control over MIA to the United States which is sufficient to trigger RCRA’s waiver of sovereign immunity.” Id. The Court stated “[t]his evidence further raises the question of what effect the 1948 quitclaim deeds had on the United States’s relationship to [MIA].” Id. 15. Subsequently, the United States moved for summary judgment on most of the liability claims made by the County pursuant to CERCLA and RCRA. (D.E. No. 109). The Court held summary judgment was inappropriate, because there were genuine issues of material fact. (D.E. No. 179). The Court further held to the extent the parties agreed upon issues of material facts, they drew divergent inferences and conclusions from those facts, in light of the disputed issues of material fact. Id. 16. The County also moved for partial summary judgment that the United States is a former owner of a facility for purposes of CERCLA liability pursuant to 42 U.S.C. § 9607(a)(2). (D.E. No. 127). Specifically, the County sought to establish the United States is a former owner of: U.S. Air Force aircraft; a “wash rack” at the U.S. Air Force Landing Apron No. 7; and the Miami Air Depot (“MIAD”). 17. In its Response to the County’s motion for partial summary judgment, the United States conceded: [The United States] was a “former owner” for CERCLA purposes with respect to portions of Miami International Airport (“MIA”) that it owned from 1943 to 1948 and with respect to approximately 144 acres of MIA that the United States leased for Air Force use from 1948 to 1966. (D.E. No. 130). 18. Accordingly, the Court granted the County’s motion to the extent the United States conceded it is a former owner of portions of MIA and held the inquiry at trial would be the County’s demand for equitable allocation of cleanup costs pursuant to § 113(f)(1) of CERCLA. However, the Court also held under Florida law the United States is not a former owner of MIAD by virtue of various provisions in the 1948 quitclaim deeds that conveyed title for MIA from the United States to the County and denied the County’s motion as to this claim. (D.E. No. 178). C. History of MIA Through World War II 19. What is presently known as MIA began its evolution in September 1928 when Pan American Air Ferries, Inc. (“Pan Am”) created Pan American Field and started its operations there. Eastern Airlines followed when it established operations in 1934, as did National Airlines, which began operations in 1937. This area also became known as the 36th Street Airport (or the 36th Street Municipal Airport). 20. On September 1, 1939, World War II began with Germany’s invasion of Poland. From 1942 to 1946, the United States acquired approximately 2,700 acres of property in Miami, Florida for the creation of a military installation. (D.E. No. 155 at 10). These 2,700 acres were divided into three main areas known as Pan American Field, Miami Army Airfield (20th Street Airport), and MIAD. Id. 21. In 1942, Pan Am sold part of the 36th Street Airport to the United States with a provision for Pan Am’s later repurchase. Id. See also Exs. 6174 and 6482. The Government authorized Pan Am’s construction of additional facilities there in 1942 to be used for Pan Am’s performance of War Department contracts for air transportation ferrying services of aircraft, engines, equipment, mail, and personnel from Miami to Africa, the Middle East, the Caribbean, and South America in 1942 through 1945. Id. See also Ex. 6176. The War Department owned and provided the aircraft, along with the fuel, oil, and spare parts to operate them. (D.E. No. 155, at 10). See also Ex. 6177. At the end of World War II, the U.S. Army transferred Pan American Field back to Pan Am. Id. 22. On January 5, 1943, the United States authorized construction of a maintenance and overhaul facility on the west side of MIA. Construction of MIAD began on February 16, 1943 and was completed fifteen months later on May 30, 1944. This area became known as MIAD and consisted of approximately 277 acres of real property to which the United States owned title and a portion north of Tenth Street (later Twenty-Fifth Street) that the United States leased from Florida East Coast Railway (“FEC”). In September 1948, the United States gave notice of its intent to quit the premises at the FEC leasehold. (Ex. 376). 23. After the Dade County Port Authority (“the Port Authority”) was created in September 1945, the Port Authority became the owner and operator of various parcels that now make up most of MIA. (Ex. 5196 at DCAD0200013-16; Ex. 5198 at DCAD200458; and Ex. 6482). In 1945 and 1946, the Port Authority assumed ownership, operation, and maintenance of the adjacent 36th Street Airport and entered into lease agreements with five airlines. (Ex. 5196 at DCAD200013). In 1945, the Port Authority also purchased Pan American Field from Pan Am and purchased the Consolidated Vultee (“Con-vair”) Plant that was located on another side adjacent to the Pan American Field from the federal government. (Ex. 5179; Ex. 5196 at DCAD2000014; Ex. 5198; Ex. 5200; Ex. 5221; Ex. 6178; and Ex. 6482). In 1948, the Port Authority obtained title to MIAD and nearby lands and improvements in a series of three deeds by the federal War Assets Administration. (D.E. No. 155, at 11). See also Exs. 6, 7, and 5030. A map of the entire airport and surrounding area shows that the MIAD/ West Cargo Area was located in what is today the southwest quadrant of MIA. (Ex. 6483). D. History of Airport Areas Leased and Occupied by the U.S. Air Force from 1948 to 1961 24. On April 15, 1948, the United States leased back from the County approximately 144 acres of MIAD for its exclusive use for a total rent of one dollar per year for a term of twenty years. (D.E. No. 155, at 11). See also Exs. 5 and 5414. The United States used these parcels, and the buildings and equipment thereon, for U.S. Air Force Reserve activities, including the maintenance of U.S. aircraft. (Exs. 5, 5119, 5130, and 5754). 25. At various time in the late 1940s through 1961, the U.S. Air Force personnel stationed in the leased areas included officers, airmen, and civilians associated with the 473rd Army Air Corps Base (later redesignated as the 2585th Air Reserve Flying Center and Reserve Training Center), the 2586th Air Reserve Flying Center, the 435th Troop Carrier Wing, the 906th Reserve Training Wing, and the Civil Air Patrol. (D.E. No. 155, at 11). Other reserve units located at this facility at various times during this period included the 456th Troop Carrier Wing, 76th Troop Carrier Squadron, the 77th Troop Carrier Squadron, the 8511th Navigation Training Squadron, the 301st Air Rescue Squadron, and Detachment 6 of the 13th AACS Squadron. Id. E. Aerodex Facilities and Operations 26. In total, during the period of the 1950s to the present, more than 100 private industrial and commercial tenants at MIA operated facilities that used, or are likely to have used, and released chlorinated solvents for cleaning and degreas-ing metal parts and surfaces, by vapor de-greasing, spraying, dipping, or wiping. A diagram of MIA shows the buildings occupied by County tenants who are known to have used, or who likely used, chlorinated solvents through 1996. (Ex. 6485). See also Ex. 6479A. Although the Complaint alleges several maintenance companies performed work for the United States at MIA facilities, such as Aerodex, Air International, American Airmotive, Butler Aviation, Eastern, Pan Am, and Pan Am Ferries, the evidence shows the most significant of these is Aerodex, a private company engaged in the repair and overhaul of aircraft engines and parts. (CompLim 118-164). 27. From the early 1950s to the mid-1970s, Aerodex leased buildings and facilities from the County. All known leases between the Port Authority and Aerodex were signed by Aerodex executives. The United States, including the U.S. Air Force, was not a party to any of these leases or amendments thereto. 28. Aerodex’s work at MIAD involved the production line disassembly, cleaning, inspection, overhaul, parts rework, refurbishment or replacement, and reassembly of aircraft engines, using conveyor belt or chain hoist systems. (D.E. No. 155, at 12). See also Exs. 5665 and 6431. After reassembly, Aerodex conducted lengthy engine operation testing prior to repackaging and shipping the engines back to the customer. Aircraft engines are complex machines that must obviously be ultra-reliable for the safety of those in the aircraft and those on the ground. (Exs.6566-6569). 29. The Aerodex contracts with the U.S. Air Force related to the overhaul of a number of different models of reciprocating aircraft engines and jet aircraft engines from the 1950s through 1971. (D.E. No. 155, at 13). Most of Aerodex’s contracts with the U.S. Air Force were fixed-price contracts. Dep. of Marvin Spallina. The combined value of these contracts totaled millions of dollars during that period. Although the parties believe there are many contracts, the parties have found extant copies of just portions of four contracts between Aerodex and the U.S. Air Force (“the four partial contracts”). 30. The terms of Aerodex’s contracts with the U.S. Air Force were governed by military procurement laws and regulations during that period. See, e.g., Exs. 5358 and 5362. These regulations dictated the contract bidding process and the scope of contracts with the U.S. Air Force. Specifically, these regulations contained requirements for “solicitation of bids” and “awards of contract” and a series of “uniform contract clauses and standard contract forms” to be used, including provisions relating to “Changes,” “Inspection,” “Payments,” “Disputes” and “Termination for Convenience of the Government.” (Ex. 5358 at MA00003DAR, MA00018DAR-30DAR). See also Ex. 5362 at MA000442-452DAR. Generally, the regulations required competitive bid contracts be awarded to the lowest qualified bidder. (Ex. 5358 at MA00014DAR; Ex. 5362 • at MA000416DAR; and Test, of Tommy B. Jordan). 31. In general, three kinds of U.S. Air Force personnel interacted with private contractors, such as Aerodex: contracting officers (such as Mr. Jordan); quality inspection personnel (such as Mr. Earl Coffey); and government property accountants. Government procurement regulations defined “contracting officer” as the military officer or civilian employee “with the authority to enter into and administer contracts and make determinations and findings with respect thereto.” (Ex. 5358 at MA00012DAR, MA00017DAR). The contracting officer was charged with obtaining the most advantageous contract for the Government, “price, quality and other- factors considered.” Id. at MA00014DAR. 32. The U.S. Air Force contracts Aero-dex was awarded were the result of competitive bidding. Dep. of Earl Coffey; Dep. of Marvin Spallina; and Dep. of Jean Marcotte. The Aerodex contracts referred to specifications documents, which contained the details such as the dimensions of engine parts, power output of overhauled engines, and other technical matters. Id. 33. The evidence fails to establish any of the available U.S. Air Force Technical Order Manuals were incorporated by reference into Aerodex contracts with the U.S. Air Force, such that the provisions of those manuals are part of the Aerodex contracts. None of the technical order manuals presented in evidence are cited in the four partial contracts. (Exs. 17, 22A, 5501, and 5502). In fact, none of the four partial contracts contain citations to any technical order manuals. 34. None of the four partial contracts presented at trial contain provisions relating to Aerodex waste disposal, and there are no such provisions in the standard contract clauses found in the Armed Services Procurement Regulations of the period. (Exs. 17, 22A, 5358, 5362, 5501, and 5502). The evidence shows, in federal procurement, it was generally understood such matters were the responsibility of the contractor. See Ex. 5422 and Dep. of Earl Coffey. 35. During World War II, the supplies, uses, and distribution of trichloroethene, also known as trichloroethylene [hereinafter referred to as “TCE”], were controlled by federal agencies as part of the industrial mobilization for the war. (Exs. 5391, 5394-5396, 5407, and 5436-5438; and Test, of John B. Robertson). Such controls included conservation, recycling, the use of substitutes, and the allocation of available supplies to priority users. Id. During the 1950s through 1970s, TCE was a widely-used industrial degreasing solvent. Aero-dex, other MIA aircraft engine overhaul companies, and major airline MIA overhaul facilities used significant amounts of TCE in their operations. See, e.g., Ex. 5288; Ex. 5290; Ex. 5326 at DERMS14808-0192; Ex. 5334; Ex. 5337 at DERMS14808-0243, 0300-0374; Ex. 6100; and Ex. 6318. 36. Aerodex management personnel in the 1950s included: C.B. Edmonds, Jr., and Henry C. Huntress, Jr. (Aerodex Plant Managers), Raymond M. Tonks (Executive Vice President and General Manager), Nicholas Silverio (Contract Administrator), Clarence Ostoff (Supervisor of Planning and Purchasing), and Dayton E. Smith (Chief Accountant). (D.E. No. 155 at 12). By 1956 or 1957, Raymond Tonks was Aerodex’s President and General Manager and remained in those positions until the dissolution of Aerodex in bankruptcy in the mid-1970s. Id. 37. In the 1950s through early 1970s, other Aerodex personnel included Carl Larson (Aerodex Plant Manager), Thomas Carey (Aerodex Plant Engineer), William C. Hunt, V.J. Knezevieh (Aerodex Plant Engineer), and Ralph Baynes (Aerodex Plant Engineer). Id. From the 1950s through early 1960s, Neil D. MacMillan was the Aerodex Comptroller. Id. As of 1968, Aerodex had hired a “Pollution Control Engineer,” Rolando R.H. Santos, who held this position through 1975. Id. The day-to-day direction and management of the engine overhaul work was the responsibility of lower level Aerodex managers and supervisors. 38. In the late 1960s through 1970s, senior Aerodex executives also included: Henry C. Huntress, Jr. (Aerodex Vice President of Plant Operations), Clarence O. Osthoff (Aerodex Vice President and Assistant Treasurer), Nicholas Silverio (Aerodex Vice President of Contract Administration and Quality Control), Stanley H. Apte (Aerodex Contracts Manager), and Dayton E. Smith (Treasurer and Corporate Secretary). (D.E. No. 155 at 12). 39. None of the aforementioned Aero-dex executives were employees of the federal government. 40. Aerodex worked on both military and commercial engines throughout its history. In the 1950s through 1960s, the amount of commercial, non-military work was twenty percent or less. (Ex. 5514 at AA0647209). The procedures for performing work on commercial engines was essentially the same as the procedures utilized for the work done on military engines. (Exs. 386-388; Test, of Roger Currier, Test, of Jean Marcotte; Test, of Gary Nichols; and Dep. of Earl Coffey). By 1969, the amount of military work was declining steadily, and Aerodex focused its emphasis on commercial work. (Ex. 5515 at AA0647250). By 1972, Aerodex was performing only commercial work. (Ex. 5656 at AA0647135; and Ex. 5518 at AA0647332). 41. Aerodex was discharged in bankruptcy and liquidated in 1976. (Ex. 5896). F. Contamination and Cleanup Efforts at MIA 42. The primary contaminant of concern in the soils and groundwater at MIA and in the Lower Miami Springs Wellfield (“LMSWF”) is vinyl chloride, a degradation product from TCE and other volatile organic compounds (“VOCs”). 43. After several years of investigation, the United States Environmental Protection Agency (“EPA”) issued its September 1985 Record of Decision for the Biscayne Aquifer Sites (“the Biscayne Aquifer ROD”). (D.E. No. 155, at 14). See also Ex. 5276. Under CERCLA, a record of decision documents the selection of the response actions for a particular site, the reasons for that selection, and the process, including public participation, that led to the record of decision. The study area for the Biscayne Aquifer ROD covered eighty square miles, and included the Miami Drum site, the NW 58th Street Landfill, and the Miami International Airport Var-sol site. These sites were “collectively designated as the Biscayne Aquifer Site to address the threat to the regional water supply.” (Ex. 5276 at CTY00379-0032). The Biscayne Aquifer ROD concluded: The results of these investigations indicate that, at this time, there is no concentrated contaminant plume emanating from any of the three sites in the study area. However, low, dispersed levels of volatile organic chemicals have been found throughout the study area and plumes have blended together and become indistinguishable with the general poor ground-water quality in the developed area. The main explanation for this is found in the geohydrologic conditions within the study area: the high transmissivity of the Biscayne aquifer; the widespread interaction of ground water with surface-water bodies throughout the study area; and the high, continuous pumping of ground water at the several municipal well fields. Id. at CTY00379-0013 to 0014. 44. The Biscayne Aquifer ROD emphasized the presence of significant levels of total VOCs, including vinyl chloride, in the area groundwater. Other — intermediate — chlorinated solvent degradation products from TCE identified included trans-1,2-diehloroethylene and 1,1-dichloroethy-lene. Id. at CTY00379-0015-CTY00379-0029; and Ex. 6513. The EPA also noted some detections of TCE itself — below established criteria — in the monitoring wells along NW 36th Street and at the NW 58th Street Landfill. (Ex. 5276 at CTY00379-0006, 0012). 45. The Biscayne Aquifer ROD stated the prior EPA Remedial Investigation found that “continuous pumping of the Miami Springs and Preston production wells tends to draw contaminants from within and around the cone of influence of the well field area.” Id. at CTY00379-0035. The Biscayne Aquifer ROD also stated: Historically, the cone of depression resulting from the withdrawal of approximately 150 million gallons per day (mgd) of water from the Miami Springs and Preston Well Fields encompassed the northern half of the Airport, all of the Miami Drum Site and extended as far west as one-half mile east of the 58th Street Landfill. Id. at CTY00379-0008. The EPA further stated “there are numerous other unidentified smaller sources (small businesses and individuals) scattered throughout the study area that are known to be contributing to ground-water contamination. However, no distinguishable plume could be identified from any of these sources.” Id. at CTY00379-0035. 46. Thus, the Biscayne Aquifer ROD rejected the idea of treating ground water at each of the various sources of contamination in the study area as “impractical.” (Ex. 5276 at CTY00379-0035). Instead, the EPA concluded it was “more reliable and practical” to withdraw and treat the water at the well fields. Id. The Biscayne Aquifer ROD stated “[t]he remedy selected is to add air-stripping to the existing water treatment system in the study area and to operate the Miami Springs and Preston municipal wells for the dual purpose of providing potable water and recovering contaminated water from the Aquifer.” Id. at CTY00379-0001; and Ex. 6514. As the EPA explained: The remedy provided for ... was found to be superior to the other alternatives investigated in the detailed evaluation. Only [this] Alternative ... will fulfill both goals of the study by providing uncontaminated drinking water to the public as well as providing significant cleanup of the aquifer. Also, [this] Alternative ... has the lowest present worth cost of the feasible remedies ... (excluding the no-action alternative). (Ex. 5276 at CTY00379-0045). 47. Air stripping is: [A] physical process which exposes a large surface area of the raw water to a much larger volume of [injected] turbulent process air. [This] allows the out-gassing of the VOC compounds from the water into the process air, which is exhausted into the atmosphere. The organic compounds which, are released to the process air are present in very low concentrations, and are easily dispersed into the ambient atmosphere and are readily destroyed by the photochemical action of sunlight. (Ex. 5929 at MA000989EPA-990EPA). 48. By late 1992, sixty-four air stripping tower systems had been built and were operating at the County’s Hialeah and Preston Water Treatment Plants to treat water from the LMSWF and other County well fields. These systems have remained in operation to the present day. Of the sixty-four air-stripping tower systems installed pursuant to the Biscayne Aquifer ROD, only twenty handle water pumped from the wells of the LMSWF. (Test, of Alan Thomas Segars; Test, of Michael Minett; and Ex. 5930). The remaining forty-four air-stripping tower systems treat water pumped from other municipal well fields. Id. 49. In November 1990, the U.S. Army Corps of Engineers’ designated MIAD as a Formerly Used Defense Site (“FUDS”) eligible for clean up under the Defense Environmental Restoration Program— Formerly Used Defense Sites (“DERP”). (Exs. 5374 and 5377). The DERP-FUDS program imposes cleanup responsibility on the United States for each site “owned by, leased to, or otherwise possessed” by the United States and under the jurisdiction of the Secretary of Defense and each site “which was under the jurisdiction of the Secretary and owned by, leased to, or otherwise possessed by the United States at the time of actions leading to contamination of hazardous substances.” 10 U.S.C. § 2701(c)(1)(A) and (B). However, the designation of a site as eligible under the DERP-FUDS program “does not constitute an admission of [Department of Defense] cleanup liability for that site.” (Ex. 5386 at ¶ 4.a). 50. In June 1993, the EPA issued the Superfund Final Close Out Report for the Biscayne Aquifer Site (hereinafter “the 1993 Close Out Report”). (D.E. No. 155, at 14). The 1993 Close Out Report stated the remedial action taken occurred, because “volatile organic compounds (VOCs), including vinyl chloride, ... had been detected in municipal water supply wells” and “some of the contamination may have been contributed by three hazardous waste sites,” including part of MIA, identified in the Biscayne Aquifer ROD. (Ex. 5304 at MA000892EPA). The 1993 Close Out Report documented that the EPA and the Florida Department of Environmental Regulation (“FDER”) had determined the remedial actions selected in the Bis-eayne Aquifer ROD were “operational and functional. The only remaining activities for this action involve the long term Operation and Maintenance (O & M) of the system.” Id. Representatives of EPA, FDER, Miami-Dade Water and Sewer Authority Department (“WASAD”), and the U.S. Army Corps of Engineers inspected the system on October 29,1992. Id. WAS-AD confirmed in a December 1992 letter that construction was complete and submitted the Remedial Action Report to the EPA in May 1993. Id. Confirmatory sampling showed the Biscayne Aquifer ROD treatment standards for VOCs in drinking water were being met. Id. at MA000900EPA. 51.In the 1993 Close Out Report the EPA stated that in addition to the treatment systems remedy selected in the Biscayne Aquifer ROD, local government institutional controls by law prohibited private water wells from being drilled in the area and thereby prevented human exposure to contaminated water: Dade County Code 24-25 regulates construction and operation of wells in the study area (applicable to all of Dade County). Construction and/or operation of a new or existing well requires a permit from the Dade County Department of Environmental Resources Management (DERM). Thus, through existing institutional controls, Dade County can control the installation of wells in the County. (Ex. 5304 at MA000896EPA). 52. Therefore the EPA concluded, and the State of Florida concurred, that with institutional controls “no further Superfund action is necessary to protect human health and the environment.” Id. at MA00892EPA. 53. On August 27, 1993, the Metropolitan Dade County Department of Environmental Resources Management (“DERM”) and the Metropolitan Dade County Aviation Department (“DCAD”) entered into a Consent Agreement (hereinafter “the 1993 Consent Agreement”) regarding environmental matters at MIA. (Ex. 3). 54. On May 28, 1998, the Florida Department of Environmental Protection (“FDEP”) and DCAD entered into a Consent Order and Settlement Agreement (“the 1998 Consent Order”) regarding environmental matters at MIA. Id. 55. Any of the foregoing factual findings which may represent conclusions of law are adopted as conclusions of law. See Miller v. Fenton, 474 U.S. 104, 114-15, 106 S.Ct. 445, 88 L.Ed.2d 405 (1985). II. CONCLUSIONS OF LAW A. The County’s Burden of Proof on its CERCLA Claims 1. Liability under CERCLA requires that a plaintiff prove four basic elements: (1) there has been a “release” or “threatened release” of “hazardous substances” from a site; (2) the site is a “facility,” (3) the release or threatened release has caused incurrence of “response costs;” and (4) the defendant is one of the kinds of persons who are responsible for the incurrence of those costs. 42 U.S.C. § 9607(a); Blasland, Bouck & Lee, Inc. v. City of N. Miami, 283 F.3d 1286, 1302 (11th Cir.2002). 2. Section 107(a) of CERCLA specifically identifies four categories of responsible parties who are potentially liable for the payment or reimbursement of response costs: (1) current owners and operators of a facility at which there is a release or threatened release of a hazardous substance; (2) persons who owned or operated the facility at the time of a hazardous substance disposal; (3) persons who arranged for disposal or treatment of a hazardous substance at the facility; and (4) persons who selected the facility and transported hazardous substances to it. 42 U.S.C. § 9607(a)(1)-(4). The County concedes it is a responsible party under Section 107(a). 3. There is no dispute the MIA buildings, equipment, and waste disposal locations relevant in this case are CERCLA “facilities” (42 U.S.C. § 9601(9)) at which “releases” (42 U.S.C. § 9601(22)) of “hazardous substances” (42 U.S.C. § 9601(14)) have occurred. Therefore, the County has established the first three elements of a prima facie case, and the remaining issue is whether the County has established the United States is one of the kinds of persons who are responsible for the incurrence of those costs. See 42 U.S.C. § 9607(a); Blasland, Bouck & Lee, Inc. v. City of N. Miami, 283 F.3d at 1302. 4. Because the County concedes it is a responsible party under § 107(a), the County is a contribution plaintiff under § 113(f)(1). See 42 U.S.C. § 9613; and Redwing Carriers, Inc. v. Saraland Apts., 94 F.3d 1489, 1496 (11th Cir.1996). Under CERCLA, where one responsible party, such as the County, seeks to impose the response cost burden on other potentially responsible parties, it is inherently and solely an action in contribution. One potentially responsible party therefore may not obtain a judgment of joint and several liability against another potentially responsible party. Id. 5. If the County establishes the United States is liable under CERCLA, then the County also bears the burden of proof in affirmatively showing its MIAD, North West Cargo Area (“NWCA”), and LMWSF past costs and its alleged estimated future costs are recoverable “response” costs within the meaning of CERCLA. 42 U.S.C. § 9601(25); Ascon Properties, Inc. v. Mobil Oil Co., 866 F.2d 1149, 1152-53 (9th Cir.1989). 6. Under CERCLA, a private party, including a “political subdivision of a state,” may recover only what it proves are “necessary costs of response ... consistent with the national contingency plan.” 42 U.S.C. § 9607(a)(4)(B) (emphasis added). See County Line Inv. Co. v. Tinney, 933 F.2d 1508, 1512 (10th Cir.1991). By contrast, the federal government or a “State,” as defined in CERCLA, is entitled to recover “all costs of [a response] action ... not inconsistent with the [NCP].” 42 U.S.C. § 9607(a)(4)(A) (emphasis added). 7. CERCLA limits “State” to “include the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, the Commonwealth of the Northern Marianas, and any other territory or possession over which the United States has jurisdiction.” This definition of “State” does not include a “political subdivision of a state.” 42 U.S.C. § 9601(27). However, the CERC-LA definition of “person” does include a “political subdivision of a state.” 42 U.S.C. § 9601(21). Congress’ exclusion of a “political subdivision of a state” from the definition of a “State” can only be regarded, therefore, as deliberate. 8. The difference in statutory language means that in cost recovery claims by the United States or a State, the defendant bears the burden of proving the costs of a response action were inconsistent with the national contingency plan (“NCP”). See, e.g., United States v. Findett Corp., 220 F.3d 842, 849 (8th Cir.2000); United States v. Burlington N.R.R. Co., 200 F.3d 679, 695 (10th Cir.1999); United States v. Chapman, 146 F.3d 1166, 1170-71 (9th Cir.1998). Here, however, the County bears the burden of proving its actions are necessary and consistent with the NCP. By the clear language of CERCLA, the County, as a “political subdivision of a state,” is not entitled to the presumption that response actions taken were necessary and consistent with the NCP, to which States and the Federal government are entitled. See, e.g., Tinney, 933 F.2d at 1512; Town of New Windsor v. Tesa Tuck, Inc., 919 F.Supp. 662, 681-84 (S.D.N.Y.1996); Sherwin-Williams Co. v. City of Hamtramck, 840 F.Supp. 470, 474-75 (E.D.Mich.1993); City of Philadelphia v. Stepan Chem. Co., 713 F.Supp. 1484, 1487-89 (E.D.Pa.1989). Thus, the County must prove as part of its prima facie case the costs incurred were consistent with the NCP. Id. The County’s status as a charter county does not alter this burden. 9. To show response costs are “necessary” under CERCLA, the County must show “(1) that the costs were incurred in response to a threat to human health or the environment” that existed prior to the initiation of the response action “and (2) that the costs were necessary to address that threat.” G.J. Leasing Co. v. Union Electric Co., 854 F.Supp. 539, 562 (S.D.Ill.1994), aff'd, 54 F.3d 379 (7th Cir.1995). The CERCLA “limitation to ‘necessary’ costs of cleaning up is important. Without it there would be no check on the temptation to improve one’s property and charge the expense of improvement to someone else.... The limitation to ‘necessary’ response costs would deter them from carrying out this scheme.” G.J. Leasing, 54 F.3d at 386. 10. Without proof of such a threat to human health or the environment, cleanup action costs are unrecoverable. Licciardi v. Murphy Oil USA, Inc., 111 F.3d 396, 398-399 (5th Cir.1997); Matter of Bell Petroleum Servs., Inc., 3 F.3d 889, 905; Southfund Partners, III v. Sears, Roebuck & Co., 57 F.Supp.2d 1369, 1378-80 (N.D.Ga.1999); Marriott Corp. v. Simkins Indus., Inc., 929 F.Supp. 396, 403-404 (S.D.Fla.1996); Foster v. United States, 922 F.Supp. 642, 652 (D.D.C.1996); Yellow Freight Sys., Inc. v. ACF Indus., Inc., 909 F.Supp. 1290, 1299 (E.D.Mo.1995); Artesian Water Co. v. Government of New Castle County, 659 F.Supp. 1269, 1278 (D.Del.1987). B. The County Failed to Establish it is Entitled to Equitable Contribution from the United States as a Past Owner of Facilities at MIA 11. Under CERCLA, a past “owner” of a facility at the time of disposal of hazardous substance is potentially liable pursuant to 42 U.S.C. § 9607(a)(2). 12. The County argues the United States is liable under CERCLA as a past owner in three ways. First, the County argues the United States is liable for ownership and operation of the Pan Am Ferries Area, 36th Street Area, 20th Street Area, Convair Area, and MIAJD Area of MIAD for the World War II period. (Compl. ¶¶ 194-198, 208-213 and Ex. A). Second, the County argues the United States is liable for ownership of the Pan Am Ferries Area, 36th Street Area, Con-vair Area, and MIAD Area of MIA during the post-World War II transition period. (Compl. ¶¶ 194, 199-202, 208-213 and Ex. A). Third, the County argues the United States is liable for ownership of various portions of the MIAD Area (now known as the West Cargo Area) during the post-World War II period. (Compl. ¶¶ 203-207, 208-213 and Ex. A). 13. Prior to trial, the Court held that under Florida law the United States is not liable as a former owner of MIA based upon various provisions in the 1948 quitclaim deeds. (D.E. No. 178). In other words, the 1948 quitclaim deeds provide no basis for federal ownership liability after 1948, or during the post-World War II transition period, as alleged in Count I. Therefore, to the extent Count I alleges the United States is liable for ownership during the post-World War II transition period, the Court shall enter judgment in favor of the United States. 14. In response to the County’s motion for partial summary judgment, the United States conceded: [I]t was a “former owner” for CERCLA purposes with respect to portions of Miami International Airport (“MIA”) that it owned from 1943 to 1948 and with respect to approximately 144 acres of MIA that the United States leased for Air Force use from 1948 to 1966. (D.E. No. 130). See also D.E. No. 180. Therefore, the Court held the United States was liable under CERCLA as a past owner to the extent it conceded it is a former owner of portions of MIA, and the inquiry at trial would be the County’s demand for equitable allocation of cleanup costs pursuant to § 113(f)(1) of CERCLA. See 42 U.S.C. § 9613; and Redwing Carriers, Inc. v. Saraland Apts., 94 F.3d at 1496. 15. Section 113(f)(1) states: “In resolving contribution claims, the court may allocate response costs among liable parties using such equitable factors as the court determines are appropriate.” 42 U.S.C. § 9613(f)(1). Thus, Congress intended for courts to determine what factors should be considered in individual cases, rather than requiring courts to consider any particular factors. See United States v. R.W. Meyer, Inc., 932 F.2d 568, 571-72 (6th Cir.1991) (stating that “by using the term ‘equitable factors,’ Congress intended to invoke the tradition of equity under which the court must construct a flexible decree balancing all the equities in the light of the totality of the circumstances”). Under § 113(f)(1), a “fair apportionment of the expense” of cleanup is the fundamental objective. Smith Land & Improvement Corp. v. Celotex Corp., 851 F.2d 86, 90 (3d Cir.1988). Accordingly, in any given case, “a court may consider several factors, a few factors, or only one determining factor ... depending on the totality of the circumstances presented to the court.” Environmental Transp. Systems, Inc. v. ENSCO, Inc., 969 F.2d 503, 509 (7th Cir.1992). See also Bedford Affiliates v. Sills, 156 F.3d 416, 429 (2d Cir.1998) (holding the allocation of response costs is an equitable determination based on the court’s discretionary selection of equitable factors appropriate to the case). 16. When there are “orphans,” or persons with relationships to a site but who no longer exist, are insolvent, or who cannot be found (such as Aerodex), the equitable share percentages determined for the viable parties are often used to allocate the orphan share among them. In other words, to the extent the Court determines there are orphan shares, or those shares attributable to defunct, bankrupt or unidentified persons, or persons otherwise unable to pay, the Court may apportion such orphan shares among the solvent parties according to the solvent parties’ relative equitable shares previously derived. See United States v. Kramer, 953 F.Supp. 592, 597-98 (D.N.J.1997); Charter Township of Oshtemo v. American Cyanamid Co., 898 F.Supp. 506, 508 (W.D.Mich.1995). 17. The Court will consider the United States’ concession in two parts: first, federal ownership from 1943 to 1948, which equates to the County’s allegations of ownership during the World War II period; and second, the U.S. Air Force lease from 1948 to 1966, which equates to the County’s allegations of ownership during the post-World War II period. 18. Regarding the United States’ ownership during the World War II period, the evidence established that at MIAD aircraft engine overhaul activities by Army Air Forces personnel began in June 1944, and the last engine overhaul at MIAD was completed on August 8, 1945. By the time the facility closed, MIAD had overhauled a total of 4,811 engines. (Ex. 5408 at MA000266WPB; Ex. 5406 at MAX006948; and Ex. 5179 at DCAD203676). See also D.E. No. 180 at Ex. 6450. 19. During World War II, what became Building 2005 was a military paint and chemical warehouse. (Compl. ¶¶ 91-95; Exs. 5440). The evidence does not establish any engine overhaul operations occurred in Building 2005 during the period it was owned by the United States. Buildings 2001 and 2002 were also warehouses, and Building 2003 was an administration building. Building T-129 (later “2129”) was identified as “Mise. & Sig. O. Repair.” (Exs.6451-6457). Buildings 2000 and 2004 did not exist in MIAD at the time, and the evidence does not establish TCE was used or released in Building 2129 while the United States owned the MIAD area. See Ex. 6500 (depicting buildings constructed during World War II to which the County acquired title in 1948 and subsequently leased to Aerodex in red; and buildings constructed during the period of the County’s ownership and used by Aero-dex or other County tenants in yellow). 20. The evidence does not establish TCE or any other chlorinated solvent was used at MIAD in the 1940s. Wartime shortages of chlorinated solvents, government supply and usage control regulations, and readily available, less costly substitutes made TCE usage there unlikely. (Exs. 5391, 5394-5396, 5407, and 5436-5438; and Test, of John B. Robertson). Stoddard Solvent and caustic solutions were commonly-used substitutes for TCE during World War II. Id. See also Test, of Lome Everett. 21. A 1942 Army Air Force Technical Order described the kinds and uses of a number of “aqueous” and “volatile” cleaner fluids, as well as five basic cleaning methods: open tank, spray cleaning, vapor cleaning, portable pressure type cleaning, and carbon removal. (Ex. 5396). This Technical Order stated: “Due to the lower cost and non-inflammability of the aqueous cleaners” they were to “be used wherever practical,” and “[vjolatile cleaning fluids” were to “be used only where aqueous cleaners are found unsuitable.” Id. at 1. The Technical Order also stated that although “[t]he use of triehlorethylene vapor for the removal of grease and oil from parts, prior to plating or refinishing, has been found to be highly satisfactory,” (id. at 8), “[d]ue to the cost of triehlorethylene, it will be necessary to restrict the above cleaning method to depots ... as are specifically authorized by the ... Air Service Command ... to employ this method of cleaning.” Id. at 1. There is no evidence MIAD ever received such authorization. 22. The evidence fails to establish TCE was used in MIAD during the war in vapor degreasers in Building T-129, which later became Building 2129. Exhibit 1007 is an October 1944 purchase request for vapor degreasers not only for MIAD, but also for thirteen different Army facilities all over the United States. There is no evidence the degreasers were actually purchased, and if so, whether they were shipped to or arrived at MIAD. There is also no evidence they were ever installed in Building T-129 and put into use at MIAD. 23. Exhibit 1127 is a June 1944 diagram that bears no building number, and there is no evidence to support the County’s claim it is a diagram of Building T-129. There is also no reference to vapor degreaser equipment on Exhibit 1127, and nothing on this diagram supports a claim that TCE was used there during the war. 24. However, assuming arguendo, the evidence did establish release of TCE during the Army Air Forces’ engine overhaul operations at MIAD in 1944 and 1945, the evidence establishes this TCE would have either migrated to the east and southeast in the groundwater — -away from the LMSWF — or naturally attenuated into harmless substances, long before the hydraulic capture zone of the LMSWF extended south to the MIAD area. Test, of John B. Robertson. Thus, it is extremely unlikely there would be any defectible quantity of this TCE or its degradation products left in the soil or groundwater forty or more years later, because of the biodegradation, volatilization, and dilution processes there. Id. Therefore, any releases by the Army Air Forces during the 1940s would have contributed little, if anything, to the environmental harm addressed by County cleanup actions from the 1980s to the present. The uncontra-dicted scientific evidence shows that until about 1970, the natural groundwater flow direction from the MIAD was to the east and southeast toward the Atlantic Ocean and away from the LMSWF to the north of MIA. (Exs. 1062, 5266A, 5289, 5294, 5299, 6491, 6491A, 6493, 6501, 6501A, 6502, and 6513; and Test, of John B. Robertson). In the 1970s, increased pumping at the LMSWF altered that groundwater flow by drawing water to the north from under much of MIA. Id. 25. Therefore, the evidence does not establish the County is entitled to equitable contribution for the conceded federal ownership between 1943 and 1948. Accordingly, to the extent Count I alleges the County is entitled to contribution from the United States for ownership and operation during the World War II period, the Court shall enter judgment in favor of the United States. 26. Turning to the U.S. Air Force lease, the evidence establishes in 1948, the Port Authority leased 144.26 acres of MIAD to the United States, along with more than forty buildings for the U.S. Air Force Reserve Training Center, later known as the Air Reserve Flying Center, under Lease No. W-08-123-eng-994. (Ex. 5). However, in 1959, the County and the United States negotiated terms for the removal of the U.S. Air Force Reserve units that were leasing space at MIAD. (Ex. 5754). In 1961, the U.S. Air Force Reserve vacated the MIAD areas it leased, although the lease agreement itself was not terminated until 1966. (Ex. 5754; Ex. 5377 at MA000105CEJ). 27. The evidence fails to establish the U.S. Air Force Reserve used chlorinated solvent in the MIAD areas it leased and occupied between 1948 and 1961. (Ex. 6488; and Test, of John B. Robertson). The U.S. Ah' Force Reserve used the following facilities: administration, fueling and lubrication, maintenance hangar, warehouse, quarters, mess hall, dispensary, parking, and recreational buildings and areas. The primary activities and operations conducted in the leased area were the air transportation of troops and their equipment and supplies, as well as reservist personnel flight training, aircraft fueling and lubrication, aircraft maintenance and cleaning, automobile parking and repair, and storage. (Exs. 5, 5754, 5119, and 5130; and Dep. of Earl Coffey). 28. Lease No. W-08-123-eng-994 was amended many times from 1948 to 1961 to reflect additions or deletions of leased areas. Exhibit 6488 depicts in green and pink all areas and structures leased from the County and occupied by the U.S. Air Force at any time during the period of 1948 to 1961. All other areas shown on Exhibit 6488 were owned, occupied, and used by others. 29. Therefore, the evidence does not establish the County is entitled to equitable contribution for the conceded federal ownership relating to the U.S. Air Force lease from 1948 to 1966. Therefore, to the extent Count I alleges the County is entitled to contribution from the United States as a result of the U.S. Air Force Lease, the Court shall enter judgment in favor of the United States. 30. During the pendency of this case, the County has advanced other miscellaneous theories of federal ownership liability, which ai’e arguably set forth in the Complaint. The Court will consider each of these miscellaneous theories in turn. 31. From the early 1950s to the mid-1970s, Aerodex leased its MIAD facilities from the County. Aerodex’s MIAD facilities and operations were located just southwest of the intersection of NW 25th Street and NW 67th Avenue and included many of the buildings constructed by the Army for temporary use only during World War II. (Ex. 5600 at MADCAD 03456-57). The evidence fails to establish the U.S. Air Force was a party to any of the leases or amendments between Aero-dex and the County or was named as a beneficiary or otherwise in any of those agreements. The reference to the federal use and other deed provisions was clearly and only to put the tenant, Aerodex, on notice that its use and occupation of the leased premises might be interrupted under certain circumstances. See, e.g., Ex. 5047 (1955 lease) at MA002305EPA. 32. The evidence also fails to establish the United States owned any of the Aero-dex-occupied buildings, other facilities, or land in the 1950s through the early-1970s. The leases between Aerodex and the County provided title to the improvements on the leased property — either new construction or improvements of existing buildings made at Aerodex’s sole cost— vested in the Port Authority, free and clear of any liens or other encumbrances. See, e.g., Ex. 5055 at MA002344EPA-345EPA, MA002355EPA. 33. The evidence fails to support the County’s additional arguments that the United States owned the small portion of pipe extending from the MIAD onto FEC Railway property during the 1950s through the 1970s and therefore, that the United States controlled Aerodex’s waste disposal system. The evidence also fails to support the County’s claim the United States leased any part of the Aerodex industrial waste system under Building 2005. 34. In 1963, a portion of the FEC Borrow Canal was dammed off to form what is referred to as the “Aerodex Pond.” (D.E. No. 155, at 14). See also Ex. 235 and Test, of Kristen Stout (the Aerodex Pond and the earthen cofferdam separating the pond from the rest of the FEC Borrow Canal appear on a December 1963 aerial photograph, but do not appear on a January 1963 aerial photograph). The land on which the Aerodex Pond was located has at all relevant times been owned either by the FEC Railway or by the County. (Ex. 6318 at ¶¶ 96-103). The County is the current owner of the property and has owned the property since 1992. (Ex. 205 at 5.) The evidence fails to establish the United States owned Aerodex Pond. 35. While the United States does not dispute that the U.S. Air Force owned many of the aircraft engines, parts, and containers on which Aerodex worked, ownership of these engines, parts, and containers is not relevant. The aircraft engines, parts, and containers were neither the places where hazardous substances were disposed of and came to be located, nor where the cleanup efforts have been and will be concentrated. See United States v. Northeastern Pharm. & Chem. Co., 810 F.2d 726, 743 (8th Cir.1986), cert. denied, 484 U.S. 848, 108 S.Ct. 146, 98 L.Ed.2d 102 (1987) (holding the relevant CERCLA facility is the place where the hazardous substances were disposed of and where clean-up efforts have been concentrated). In this case, no hazardous substances were disposed of or placed in the aircraft engines, parts, or containers while at Aerodex, nor is the County seeking response costs associated with the remediation of aircraft engines, parts, or containers. Rather, the County is seeking costs related to remediation of the part of MIA property, including the buildings and land facilities leased by Aerodex from the County. Therefore, the engines, parts, and containers are not relevant CERCLA facilities. Id. at 743. See also ACC Chem. Co. v. Halliburton Co., 932 F.Supp. 233, (S.D.Iowa 1995) (holding a manufacturing site was the relevant CERCLA facility for purposes of past owner or operator liability, not a truck from which the hazardous substance was pumped into barrels or landfill at the manufacturing site). Therefore, the evidence fails to establish the United States is liable as a past owner under any of the miscellaneous theories advanced by the County. 36. In sum, the evidence fails to establish the County is entitled to equitable contribution from the United States as a result of the conceded federal ownership. The evidence also fails to establish the United States is liable as a former owner beyond the United States’ concession of federal ownership. Therefore, the Court shall enter judgment in favor of the United States on Count I in its entirety. C. The County Failed to Prove the United States is Liable as a Past Operator 37. Under CERCLA, a past “operator” of a facility at the time of disposal of hazardous substance is potentially liable pursuant to 42 U.S.C. § 9607(a)(2). See United States v. Bestfoods, 524 U.S. 51, 66-67, 118 S.Ct. 1876, 141 L.Ed.2d 43 (1998); City of N. Miami, 283 F.3d at 1302; United States v. Vertac Chem. Corp., 46 F.3d 803, 808-09 (8th Cir.1995). Accord State of Wash. v. United States, 930 F.Supp. 474 (W.D.Wash.1996); Maxus Energy Corp. v. United States, 898 F.Supp. 399 (N.D.Tex.1995), aff'd, 95 F.3d 1148 (5th Cir.1996); Rospatch Jessco Corp. v. Chrysler Corp., 962 F.Supp. 998 (W.D.Mich.1995); United States v. Taylor, No. 1:90:CV:851, 1993 WL 760996, at *19-20 (W.D.Mich. Dec.9,1993). 38. In Counts III and IV, the County essentially alleges the United States is liable as a past operator as a result of activities performed for and at the direction of the United States by Aerodex and other private maintenance companies, including Air International, American Airmotive, Butler Aviation, Eastern, Pan Am, and Pan Am Ferries. 39. This case is not the first time a federal court has had occasion to consider whether the United States is liable as an operator arising from government contracts with private companies for defense-related services. For example, the United States points to United States v. Taylor as instructive. 1993 WL 760996 (W.D.Mich.1993). In Taylor, the United States District Court for the Western District of Michigan dismissed with prejudice a CERCLA counterclaim against the U.S. Army based on a supply contract for munitions between the U.S. Army and the defendants during the Vietnam War. Id. at *18-20. The Taylor court concluded product “specifications,” government financial assistance, government employees with offices at the site to monitor product quality, and government contract cost auditing procedures were not enough to establish operator liability. Id. The Taylor court held: It is clear ... that the Army did not have the authority under the contracts to truly control the operations of Mor-weld or its waste handling practices. Although the proposed processes to be used by Morweld in the manufacture of the projectiles had to be approved by the Army, Morweld had control over what it proposed and control over the actual processes employed. Id. at *18 (emphasis added). The Taylor court added, despite general allegations of U.S. Army involvement, there was no evidence “the Army ever, in any sense, attempted to control the daily operations of Morweld.” Id. 40. The United States also alleges Rospatch Jessco Corp. v. Chrysler Corp. is instructive. 962 F.Supp. 998 (W.D.Mich.1995). In Rospatch, the United States District Court for the Western District of Michigan granted summary judgment for the United States on the CERCLA operator claims and rejected the claim that the United States operated a Michigan aircraft engine factory in the early 1950s. Id. at 1005-06. The Rospatch court held it was insufficient that the U.S. Air Force: had many representatives at the plant during the installation of government-owned equipment; kept a representative who worked out of an office at the plant during the manufacturing operations; and determined whether or not it would compensate the contractor for overtime worked by contractor employees during contract performance. Id. at 1005. In Rospatch, the court found the U.S. Air Force did not get involved in the contractor’s “management of its operations” or “management decisions,” and the contractor was not forced into doing the work, but rather had sought out the work. The Rospatch court further held the United States did not “involve[] itself in the manner of [the contractor’s] production of the R-1300 engine, except inasmuch as the specifications mandated specific production methods.” Id. at 1006. The Rospatch court concluded “the mere presence of an Air Force representative at the ... plant does not indicate that the Air Force interfered with the manner of [the contractor’s] production of the engines since this representative merely monitored the quality control of the engines to ensure that they satisfied the contract specifications.” Id. at 1006. 41