Full opinion text
DECISION AND ORDER WARREN, District Judge. Now before the Court are several motions in the above-captioned case. Plaintiff Acme Printing Ink, Co. (“Acme”) has moved the Court for partial summary judgment against defendant Menard, Inc. (“Menard”) as to Me-nard’s liability under the Resource Conservation and Recovery Act (“RCRA”), 42 U.S.C. § 6972, and the Comprehensive Environmental Response Compensation and Liability Act (“CERCLA”), 42 U.S.C. § 9607. For the following reasons, this motion will be granted in part and denied in part. Also before the Court are the “fast-track” summary judgment motions of several defendants requesting the Court to dismiss all claims and cross-claims against them. The resolution of these motions will be addressed individually in the body of this decision. I. BACKGROUND Between 1970 and 1982, the property at the center of this dispute in the 6800 block of South 27th Street in Franklin, Wisconsin was owned by Edward J. Fadrowski. During that period, Fadrowski operated an unregulated and unlicensed landfill and Christmas tree farm on the property. Because the site was unlicensed, Fadrowski could only legally dump earth fill containing less than 25% by volume of brick, concrete, and building stone. Fadrowski also owned and operated a waste collection and transportation company called Ed’s Masonry and Trucking (“Ed’s Trucking”). During that time period, Ed’s Trucking was licensed by the Wisconsin Department of Natural Resources (DNR) to collect and transport noncombustible waste, wood matter, refuse and garbage. The motto of Ed’s Trucking was “You call, We haul.” And haul it did, picking up rubbish and solid waste from various area businesses and dumping it at several landfills in the area, including the site at South 27th Street. Clients of Ed’s Trucking included the plaintiff, Acme Printing Ink Company (“Acme”), as well as others including: Cambridge Chemical, Inc.; Cardinal Fabricating Corp.; Chromium, Inc.; Commercial, Inc.; Commercial Heat Treating, Inc.; Herb Engel Realty Co., Inc.; Hartwig, Inc.; Helmut’s Building Service, Inc.; Kramer Brass Foundry, Inc.; Layton Motors; Lincoln Savings & Loan Association; Loomis Center Garage; Lubricants, Inc.; Miller Tilt-Top Trailer, Inc.; Pemper Engineering Co., Inc.; Service Painting Corp.; Sun Control Corporation; Texaco, Inc.; Bel-Aire Enterprises; and Williams Petroleum, Inc. In the late 1970s and early 1980s, several incidents occurred which suggest that Fa-drowski was illegally hauling and dumping hazardous wastes. The first documented incident involved Ed’s Trucking. On October 20, 1978, Fadrowski’s driver, Tony Ivancich, spilled a significant quantity of sludge waste that he was transporting from Lubricants, Inc. onto South 84th Street. Mr. Fadrowski was billed by the City of Greenfield for the costs incurred cleaning-up the spilled sludge. Ivancich later admitted that this type of waste was not only frequently hauled by Ed’s Trucking, but was also commonly transported to the site. Deposition of Anthony Ivan-cich (February 2, 1990) at 15. See also Deposition of Marcia Smith (February 1, 1990) at 77. The next incident occurred in February of 1981, when Roger Klett, a DNR landfill inspector, inspected the Fadrowski site and found that Fadrowski was dumping regulated wastes illegally. Mr. Klett notified the City of Franklin’s City Engineer, Mr. John Bennett, of the results of his inspection. Letter from Roger Klett to Edward Fadroiv-ski, (February 2, 1981). On July 6, 1981, the Wisconsin DNR received a complaint from Marcia Smith, a Fadrowski employee, about operations at the Fadrowski site. Ms. Smith alleged that Fa-drowski was illegally dumping drums of hazardous wastes from Acme Printing Ink Company and Lubricants, Inc. at the site. An inspection on July 6, 1981 by Klett and Victor Pappas, also of the Wisconsin DNR, revealed the existence of regulated wastes that had been illegally deposited at the site. However, the DNR was unable to confirm the existence of any drums containing the material described by Smith. The DNR did not pursue the investigation further because Ms. Smith refused to submit an affidavit in support of her allegations. The DNR issued Fadrowski a warning but never required him to get a permit. As a result of several of these incidents, on December 8, 1981, Franklin City Engineer John Bennett met with Mr. Fadrowski to request that he bring the his landfill up to standards required by the City and State Codes. Later Bennett sent Fadrowski a letter confirming the arrangements they had made to bring the site up to code. Letter from John Bennett to Ed Fadrowski (December 18, 1981). In December of 1982, Menard decided to purchase the property at South 27th Street, along with other adjacent plots, to build a Menard’s retail outlet. Before purchasing Fadrowski’s property, Marv Prochaska, Me-nard Vice President of Real Estate, conducted a physical inspection of the site. Prochas-ka made inquiries of the realtor regarding what materials were disposed of in the Fa-drowski landfill, and was assured that the landfill contained only construction materials, concrete, and dirt. Menard also checked the files on the Fadrowski site at the offices of the City of Franklin. The files contained the above mentioned correspondence between the City Engineer, Bennett, and Fadrowski. However, Menard never followed up with a more complete investigation. Deposition of Marv Prochaska (January 30, 1990) at 29. On January 5, 1983, the sale of the Fa-drowski site to Menard was finalized. Shortly thereafter, Menard began work on its new facility. Excavation of the site was started by Menard’s contractor on April 8, 1993, and continued virtually uninterrupted through June 28, 1983. On June 28, 1983, while excavating the site, workers operating mechanized shovels and bulldozers broke open several containers which had been buried at the site. Deposition of Everett Morgan (November 8,1989) at 21-31; Deposition of Robert Gassert (November 9, 1989) at 43. The workers continued their work even though their machines were spreading liquid waste around the site. Several containers were broken open before one of the bulldozers was hit by a stream of liquid waste that erupted from one of the containers. The workman in the bulldozer, Everett Morgan, was so overcome by fumes he shut down his bulldozer and reported the incident to his foreman. Morgan Deposition (November 8, 1989) at 41-42. The Franklin Fire Department was contacted and it in turn contacted the DNR. When the DNR inspector arrived at the site, the workers had uncovered and spread about the site black, red, green, orange, and yellow sludge that had a distinct odor of paint or solvent. Deposition of Frank Trcka (March 6, 1990) at 17-19; Plaintiffs Exhibit 82. Upon further inspection and analysis, it was determined that the Fadrowski site did in fact contain hazardous wastes. Eventually, the site was placed on the National Priority List (“NPL”) by the Environmental Protection Agency (“EPA”). On April 17, 1987, Acme entered into a consent order with the EPA and DNR, in which Acme agreed to undertake a Remedial Investigation and Feasibility Study (“RI/FS”) in connection with the site. Defendant Menard’s Exhibit 93, §§ VIII(A), IX(C). Acme filed this action on July 19, 1989 seeking contribution from Me-nard and many other potentially responsible parties (“PRPs”) for the response costs that it allegedly incurred in connection with the site. II. LEGAL STANDARD A. Statutory Framework The claims at issue in this litigation arise out of two major pieces of environmental legislation: (1) the Resource Conservation and Recovery Act (“RCRA”); and (2) the Comprehensive Environmental Response, Compensation and Liability Act (“CERC-LA”). 1. RCRA Subtitle C of RCRA was designed to provide for cradle-to-grave regulation of hazardous waste. Subtitle C required the Environmental Protection Agency (“EPA”) to adopt regulations which identify the characteristics of hazardous waste, list regulated hazardous wastes, establish standards applicable to generators of hazardous waste, and establish performance standards applicable to owners and operators of hazardous waste treatment, storage or disposal facilities. 42 U.S.C. §§ 6921-6924. RCRA permits the EPA to delegate responsibility for the implementation of the statute and its required regulations to the states. 42 U.S.C. § 6926. The State of Wisconsin has taken advantage of this option and is authorized to administer and enforce the Wisconsin hazardous waste program in lieu of the federal program. 40 CFR § 272.2500(a). EPA’s approval of the state program, as administered by the Wisconsin DNR, was effective January 31, 1986. Id.; see 51 Fed.Reg. 3783. However, the delegation to the State of final authorization did not include responsibility for any of the provisions added to RCRA by the Hazardous and Solid Waste Amendments of 1984. 40 CFR § 272.2500(b). The licensing of a treatment, storage or disposal facility under the Wisconsin program is governed by Wis.Stats. § 144.64(2). That section of the Wisconsin plan prohibits anyone from operating a hazardous waste facility without a permit. DNR may issue interim licenses to persons who operate hazardous waste facilities if the facility was in existence on November 19, 1980. Wis.Stats. § 144.64(2)(c). Ary person required to be licensed or eligible to obtain a license under § 144.64(2)(c) who does not obtain an interim license must submit a plan for final closure and long-term care of the facility to DNR. Wis.Stats. § 144.64(2m); Wis.Admin.Code § NR 680.60. The facility closure requirements are fully set forth in §§ NR 685.05 and 660.15. Owners or operators of hazardous waste disposal facilities that accepted hazardous waste after July 26, 1982 are also required to install and maintain a groundwater and leachate monitoring system. Wis.Admin.Code § NR 635.12.' The monitoring plan must be submitted to DNR for approval, and it must include at least two upgradient monitoring points to determine the background quality of groundwater, four or more down-gradient monitoring points, and two or more sampling devices directly below the facility to detect any statistically significant release of pollutants from the facility. Wis.Admin.Code § NR 635.12(l)a-b. The Wisconsin plan also provides that when there is a discharge of hazardous substances from a facility, the person who possesses or controls the substances which are discharged or who causes the discharge is required to “take the actions necessary to restore the environment to the extent practicable and minimize the harmful effects from the discharge to the air, lands or waters of this state.” Wis.Stats. § 144.76(3). Although the requirements of RCRA and the Wisconsin Hazardous Waste Management Plan are generally enforced through government action, RCRA does include a provision authorizing citizen suits. RCRA permits any citizen to file suit in federal district court against any person to enforce the requirements of the statute, 42 U.S.C. § 6972(a)(1)(A), or to abate an imminent and substantial endangerment to human health or the environment. 42 U.S.C. § 6972(a)(1)(B). 2. CERCLA CERCLA was designed to force the cleanup of abandoned hazardous waste sites that pose some risk to public health or the environment. The statute gives the federal government the power to clean-up sites contaminated by hazardous substances, either by arranging for the clean-up itself or by ordering a potentially responsible party (“PRP”) to do so. 42 U.S.C. §§ 9604, 9606. CERC-LA also authorizes cost recovery actions by private parties who have incurred costs in undertaking clean-up activities. 42 U.S.C. § 9607. Unlike RCRA, CERCLA does not provide for the delegation of federal regulatory power to the states. CERCLA does, however, create substantial inducements for private party investigation and clean-up efforts. While the statute allows EPA to initiate and perform clean-up action at a site, EPA may also request and, if need be, force, PRPs to do the work. 42 U.S.C. § 9606. EPA may also enter into agreements with private parties to perform any necessary response work if EPA determines that the work will be done properly by such party. 42 U.S.C. § 9622(a), (d)(3). When such an agreement is entered into, the EPA sets forth the terms in an administrative order by consent. 42 U.S.C. § 9622(a), (d)(3). CERCLA creates broad liability for any response costs incurred in connection with the actual or threatened release of hazardous substances. 42 U.S.C. § 9607. Liability for such costs may be imposed on: (1) the current owner or operator of the facility; (2) the owner or operator of the facility at the time hazardous materials were disposed of; (3) any person who arranged for the disposal of hazardous materials at the facility; and (4) any person who transported the hazardous waste to the disposal facility. 42 U.S.C. § 9607(a). Cost recovery actions against PRPs may be brought by the federal government, by a state or local agency, or by “any other person” that has incurred response costs consistent with the National Contingency Plan (“NCP”) for which someone else may or should be hable. 42 U.S.C. § 9607(a)(l)-(4). The only defenses to liability are those specifically set forth in the statute, see, e.g., National Acceptance Co. of America v. Regal Products, Inc., 155 F.R.D. 631, 636 (E.D.Wis.1994); Kelley v. Thomas Solvent Co., 714 F.Supp. 1439, 1445 (W.D.Mich.1989), and include: (1) an act of God; (2) an act of war; (3) an act or omission of an unrelated third party; or (4) any combination of the foregoing. 42 U.S.C. § 9607(b). B. Summary Judgment Federal Rule of Civil Procedure 56 provides that a district court shall grant summary judgment “if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law.” Fed.R.Civ.P. 56(c). The mere existence of some factual dispute does not defeat a summary judgment motion; “the requirement is that there is a genuine issue of material fact.” Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 2510, 91 L.Ed.2d 202 (1986). For a dispute to be genuine, the evidence must be such that a “reasonable jury could return a verdict for the nonmoving party.” Id. For the fact to be material, it must relate to a disputed matter that “might affect the outcome of the suit.” Id. Thus, “[factual disputes that are irrelevant or unnecessary will not be counted.” Id. The initial burden is on the moving party to show that there are no material facts in dispute and that judgment should be entered in its favor. Hannon v. Turnage, 892 F.2d 653, 656 (7th Cir.1990). The burden then shifts to the nonmoving party, which must then “go beyond the pleadings” and designate specific facts to support each element of its cause of action, showing that there is a genuine issue for trial. Celotex Corp. v. Catrett, 477 U.S. 317, 322-23, 106 S.Ct. 2548, 2552, 91 L.Ed.2d 265 (1986); Whetstine v. Gates Rubber Co., 895 F.2d 388, 392 (7th Cir.1990). In evaluating a motion for summary judgment, the Court must draw all reasonable inferences in favor of the nonmov-ing party. Matsushita Electric Industrial Co., Ltd. v. Zenith Radio Corp., 475 U.S. 574, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986); Johnson v. Pelker, 891 F.2d 136, 138 (7th Cir.1989). III. DISCUSSION A. Acme’s Motion for Partial Summary Judgment Against Menard In its motion for partial summary judgment, Acme asks the Court to find Menard liable as a matter of law under both RCRA and CERCLA as the current owner of the Fadrowski site. 1. RCRA Liability Pursuant to the authority of RCRA’s citizen suit provisions, Acme asserts the following claims against Menard. First, pursuant to 42 U.S.C. § 6972(a)(1)(A), Acme alleges that Menard is operating a hazardous waste facility in violation of the requirements of the Wisconsin Hazardous Waste Management Plan. Acme seeks an order to compel Me-nard to comply with the statutory and regulatory requirements and a declaration that Menard is liable for civil penalties. Second, pursuant to 42 U.S.C. § 6972(a)(1)(B), Acme alleges that the Fadrowski site presents an imminent and substantial danger to the environment and requests that the Court order Menard to abate the endangerment. a. Regulatory Enforcement Action — 42 U.S.C. § 6972(a)(1)(A) RCRA section 6972(a)(1)(A) provides that any person may commence a civil action “against any person ... who is alleged to be in violation of any permit, standard, regulation, condition, requirement, prohibition or order.” Acme alleges that Menard has violated and continues to violate the following parts of the Wisconsin Hazardous Waste Management Plan (“WHWMP”): (1) operating a hazardous waste facility without an interim or operating license; (2) failing to submit to DNR a closure and long-term care plan for the facility; (3) failing to take such actions as are necessary to prevent unknowing or unauthorized entry into the facility; (4) failing to install and maintain groundwater leachate monitoring systems; and (5) failing to take the actions necessary to restore the environment following the discharge of hazardous wastes at the site. In opposition to Acme’s motion, Menard arg-ues that Acme is not entitled to bring an enforcement action under this provision because: (1) the Fadrowski site is not an existing, operating facility; (2) there is an ongoing EPA/DNR enforcement action which acts as bar to Acme’s suit; and (3) Acme’s motion relates to wholly past violations of RCRA and is therefore outside the scope of this section of RCRA. The threshold issue is whether Menard is even subject to the requirements of the WHWMP. If it is not, Acme cannot hold Menard liable for any violations of the regulations that may have occurred. In order to be subject to the Wisconsin plan, Menard must be a regulated person under the statute. Acme alleges that Menard is a regulated person as the owner of a hazardous waste facility. It is undisputed that Menard owns the Fadrowski site; the question is whether the site is a hazardous waste facility. Menard argues that because disposal activities at the site ceased long ago, the requirements of the WHWMP are inapplicable to it. In contrast, Acme contends that the fact that Menard is no longer receiving hazardous waste at the site does not mean that the site is no longer operating. Acme argues that the site is still operating for the purposes of the WHWMP regulations because under the Wisconsin plan, a hazardous waste site must either obtain an operating license or be closed down. Wis.Stats. § 144.64(2)-(2m). Closing the site means more than simply ceasing to accept waste; it also requires that the owner of the site prepare the site for long-term care. Wis.Stats. § 144.43(lm). Thus, argues Acme, in order for the site to cease being subject to the WHWMP, it must comply with the formal statutory and regulatory closure requirements outlined in Wis. Stats. 144.44 and Wis.Admin.Code NR § 685. Menard has not done so. Therefore, according to Acme, Menard is still subject to Wisconsin hazardous waste management regulatory authority. As far as the Court is aware, Acme’s novel theory of RCRA liability presents an issue of first impression. Based on its analysis of the statutory language, the structure and history of RCRA, and RCRA’s relation to other environmental statutes, the Court concludes that Menard is not the owner of an operating hazardous waste facility, and is therefore not subject to — and thus not in violation of — the WHWMP statute and regulations. First, the WHWMP applies only to “facilities.” The Wisconsin plan defines hazardous waste facility as: [A] site or structure for the treatment, storage or disposal of hazardous waste and includes all of the contiguous property under common ownership or control surrounding the site or structure. Wis.Stats. § 144.61 (5m). The “for the treatment, storage or disposal of hazardous waste” language in the statute suggests that the regulations restrict coverage to facilities that are intended to be used for disposal, treatment or storage of hazardous waste. Acme has introduced no evidence that Me-nard uses or ever used the site for disposal of hazardous waste. The structure of the WHWMP with its permit process, suggests that the plan attempts to regulate currently operating hazardous waste facilities. If anything, the Fadrowski site is a former hazardous waste facility, as the function it was established to perform is no longer being served. Furthermore, RCRA and the WHWMP are primarily prospective regulatory regimes. Neither was designed to address violations that occurred in the past. See Gwaltney v. Chesapeake Bay Foundation Inc., 484 U.S. 49, 57, 108 S.Ct. 376, 381, 98 L.Ed.2d 306 (1987) (only prospective relief authorized under this provision of RCRA); Coburn v. Sun Chemical Corp., 1988 WL 120739 (E.D.Penn. Nov. 9, 1988) (“[W]e find that Section 7002(a)(1)(A) of RCRA bars any suit based on ‘wholly past’ violations of RCRA.”); H.R. 1016, 96th Cong., 2d Sess., at 22, reprinted in 1980 U.S.Code Cong. & Admin.News at 6125 (“[RCRA] is prospective and applies only to past sites to the extent that they are posing an imminent hazard.”). Moreover, the 1984 Amendments to RCRA added a provision — 42 U.S.C. § 6972(a)(l)CB) — which was designed to create RCRA liability for past violations which present current danger. In concluding that § 6972(a)(1)(A) of RCRA provides for only prospective relief, the Supreme Court in Gwaltney pointed to 42 U.S.C. § 6972(a)(1)(B) as an example of how Congress knows how to create relief for past violations if it wants to. Givaltney, 484 U.S. at 56 n. 2, 108 S.Ct. at 381 n. 2. Finally, these provisions of RCRA must be examined in light of the statutory scheme Congress enacted through CERCLA. CERCLA is designed to accomplish exactly what Acme seeks to accomplish through section 6972(a)(1)(A) of RCRA — the clean-up of a site which was formerly used to dispose of hazardous waste. See United States v. Wade, 546 F.Supp. 785, 789 (E.D.Penn.1982) (“It was ... the perceived inapplicability of RCRA ... to the effects of past unsafe disposal practices that led to the 1980 CERCLA legislation.”). Therefore, the Court concludes that section 6972(a)(1)(A) does not apply to the Fa-drowski site because Menard is not currently operating, nor has it operated, a hazardous waste facility. Therefore, it cannot be liable for violating the WHWMP because it has never been subject to the plan’s regulations. Accordingly, Acme’s motion for summary judgment under this provision will be denied. b. Imminent and Substantial Endangerment — 42 U.S.C. § 6972(a)(1)(B) Section 6972(a)(1)(B) of RCRA is the appropriate provision under which to bring a citizen suit to address problems at sites, like the Fadrowski site, where the violations of RCRA occurred in the past. It authorizes citizen suits: [Ajgainst any person ... including ... any past or present generator, past or present transporter, or past or present owner or operator of a treatment, storage or disposal facility, who has contributed or who is contributing to the past or present handling, storage, treatment, transportation, or disposal of any solid or hazardous waste which may present an imminent and substantial endangerment to health or the environment. 42 U.S.C. § 6972(a)(1)(B). See also Gwalt-ney, 484 U.S. at 57 & n. 2,108 S.Ct. at 381 n. 2 (concluding that the 1984 Amendments to RCRA which added § 6972(a)(1)(B) “explicitly target[ ] wholly past violations”). In order to maintain a cause of action under this section, Acme must show (1) that the conditions at the Fadrowski site may present an imminent and substantial endangerment to health or the environment, (2) that the endangerment stems from the past or present handling, treatment or disposal of solid or hazardous waste, and (3) that Me-nard contributed to such handling, treatment or disposal of the solid or hazardous waste. See United States v. Aceto Agr. Chemicals Corp., 872 F.2d 1373, 1382-83 n. 9 (8th Cir.1989) citing United States v. Bliss, 667 F.Supp. 1298, 1313 (E.D.Mo.1987); United States v. Conservation Chemical Co., 619 F.Supp. 162, 199-200 (W.D.Mo.1985). In attempt to satisfy the first requirement and show that the Fadrowski site poses an imminent and substantial danger, Acme points to the fact that hazardous wastes are present at the site and that the site is not secure from inadvertent or unauthorized entry. Acme further points to the fact that the site has been placed on the NPL by EPA as evidence that the agency views the site as dangerous. Courts have been understandably reluctant to find the existence of an imminent and substantial endangerment as a matter of law. The cases cited by Acme in support of such a finding are generally inapposite, as they were not decided at the summary judgment stage. The Aceto case involved a defendant’s motion to dismiss for a failure to state a claim upon which relief can be granted. There, the allegation of an imminent and substantial endangerment was enough. Ace-to, 872 F.2d at 1376. In the other cases cited by Acme, the courts declared an imminent and substantial endangerment after conducting a factual hearing. See Daque v. Burling ton, 732 F.Supp. 458, 461 (D.Vt.1989) aff'd 935 F.2d 1343 (2d Cir.1991); United States v. Vertac Chemical Corp., 489 F.Supp. 870, 873 (E.D.Ark.1980). Contra Conservation Chemical, 619 F.Supp. at 175 (concluding as a matter of law that a site poses an imminent and substantial endangerment where, by defendant’s own estimates, 22,000 pounds of hazardous substances were being discharged into the Missouri River each year). Acme would have to present extremely convincing evidence to support a summary judgment motion on a fact-intensive question such as this. While it is true that the Court may grant judgment pursuant to § 6972(a)(1)(B) without finding that a true emergency presently exists, see Aceto, 872 F.2d at 1383, there is presently insufficient information before the Court to make a determination of whether the Fadrowski site poses an imminent and substantial endangerment. This is especially so given the length of time that has elapsed since Acme’s summary judgment motion was filed. Because the Court concludes that there is a material and genuine dispute of fact as to whether the site poses an imminent and substantial danger, the Court need not reach the question of whether Acme has satisfied the other elements of the § 6972(a)(1)(B) test. Accordingly, the Court concludes that summary judgment on Acme’s § 6972(a)(1)(B) claim is not warranted, and its motion will therefore be denied. 2. CERCLA Liability In its motion for partial summary judgment, Acme seeks a declaration of liability against Menard pursuant to section 107 of CERCLA. 42 U.S.C. § 9607. Acme is entitled to summary judgment on Menard’s liability if it can establish each of the elements on which CERCLA liability is based, 42 U.S.C. § 9607(a), and Menard cannot establish the applicability of any defense listed in the statute. 42 U.S.C. § 9607(b). Environmental Transportation Systems, Inc. v. EN-SCO, Inc., 969 F.2d 503, 506 (7th Cir.1993); Amoco Oil v. Borden, 889 F.2d 664, 668 (5th Cir.1989). The plaintiff may establish liability under CERCLA section 107 if: (1) the site in question is a “facility” as defined in 42 U.S.C. § 9601(9); (2) the defendant is a responsible person under § 9607(a); (3) a release or threatened release of a hazardous substance has occurred; and (4) the release or threatened release has caused the plaintiff to incur response costs. Kerr-McGee Chemical Corp. v. Lefton Iron and Metal Co., 14 F.3d 321, 325 (7th Cir.1994). That Acme has satisfied these elements of liability is not in dispute. First, section 101(9) defines “facility” to include just about every place hazardous waste might be found. See e.g., United States v. Conservation Chemical Co., 619 F.Supp. 162, 185 (W.D.Mo.1985) (defining facility to include “every place where hazardous substances come to be located”). Therefore, the Fadrowski site is a “facility” under § 9601(9). Second, responsible parties include current or past owners and operators of the site, persons who arrange for the disposal of hazardous waste at the site or persons who transport hazardous waste to the side. 42 U.S.C. § 9607(a). Me-nard is the current owner of that site and thus a responsible person under § 9607(a). Third, hazardous substances were present at the Fadrowski site and were released into the environment when Menard excavated the landfill. Finally, the release has caused Acme to incur response costs; pursuant to the EPA consent order, Acme has expended substantial funds in performing the RI/FS. See Ascon Properties, Inc. v. Mobil Oil Co., 866 F.2d 1149, 1154 (9th Cir.1989); Amcast Indus. Corp. v. Detrex, 822 F.Supp. 545, 554 (N.D.Ind.1992) aff'd in part and rev’d in part on other grounds Amcast Indus. Corp. v. Detrex, 2 F.3d 746 (7th Cir.1993). Because Acme has established a prima fa-cie case of CERCLA liability, the only matter at issue in this motion is whether Menard can establish one of the affirmative defenses set forth at 42 U.S.C. § 9607(b). Menard contends that it can establish one such defense, claiming that there is a genuine issue as to whether it is an innocent landowner/purchaser under section 107(b)(3). That section provides: There shall be no liability ... for a person otherwise liable who can establish by a preponderance of the evidence that the release or threat of release of a hazardous substance and the damages resulting therefrom were caused solely by— (3) an act or omission of a third party other than an employee or agent of the defendant, or than one whose act or omission occurs in connection with a contractual relationship, existing directly or indirectly, with the defendant ... if the defendant establishes by a preponderance of the evidence that (a) he exercised due care with respect to the hazardous substance concerned ... and (b) he took precautions against foreseeable acts or omissions of any such third party and the consequences that could foreseeably result from such acts or omissions. 42 U.S.C. § 9607(b). Because section 107(b)(3) is an affirmative defense, Menard has the burden of establishing by a preponderance of the evidence that it is not liable under CERCLA because it is an innocent landowner. Thus, Menard has the burden to make a showing-sufficient to establish the existence of a material dispute of fact as to whether each of the following elements in the innocent landowner defense can be satisfied: 1. The release or threatened release of a hazardous substance and the resulting damages were caused solely by an act or omission of a third party; 2. The third party’s act or omission did not occur in connection with a contractual relationship with the defendant; 3. The defendant exercised due care with respect-to the hazardous substance; and 4. The defendant took precautions against the third party’s foreseeable acts or omissions and the foreseeable consequences resulting therefrom. United States v. Pacific Hide & Fur Depot, Inc. 716 F.Supp. 1341, 1346-47 (D.Idaho 1989). See also Steego Corp. v. Ravenal, 830 F.Supp. 42, 51 (D.Mass.1993). The first, and most glaring defect in Menard’s claim to the innocent landowner defense is the undisputed fact that Menard played a significant role in causing the release of hazardous substances at the Fadrow-ski site. Menard’s excavation of the site in 1983 caused barrels of waste to be unearthed and ruptured. In its brief, however, Menard contends that the sole cause of the release or threatened release was the illegal dumping of hazardous substances by an as yet undetermined third party. Nonetheless, Menard admits that “[s]ome hazardous substances may have been spilled from the illegally dumped barrels when Menard’s contractor was excavating the site.” Memorandum of Defendant Menard, Inc. in Opposition to Motion for Partial Summary Judgment at 34. Clearly then because Menard played some role in the release of the hazardous substances at the site, the undetermined third party was not the sole cause of the release. Therefore, it cannot invoke the innocent landowner defense. Although Menard’s failure to establish the first element of the section 107(b)(3) defense is dispositive, the Court concludes that it is also extremely unlikely that Menard could satisfy the other elements of the defense. For example, in order to show that it had no contractual relationship with Fadrow-ski and is thus absolved from CERCLA liability, Menard would have to establish that— after undertaking all appropriate inquiry into the prior ownership and use of the property — it neither knew, nor had reason to know, that any hazardous substances were disposed of at the Fadrowski site. 42 U.S.C. § 9601(35). Putting aside the complex issue of whether Menard undertook an appropriate inquiry, the Court concludes Menard should have known that hazardous substances may have been disposed of at the site. The simple fact that the site was used as a dump by Fadrowski should have put Menard on notice that hazardous substances might be present there. Moreover, Ed’s Trucking was licensed to carry a wide variety of wastes including some that are considered hazardous under CERCLA. Therefore, it was not at all unlikely that Ed’s Tracking company could have dumped some hazardous substances at the site. Finally, Menard admitted conducting a pre-purchase search of the City of Franklin files on the Fadrowski site. Prochask a Deposition (January 30, 1990) at 29. At that time, the city’s files contained the letter written by City of Franklin Engineer, John Bennett, requesting that Fadrow-ski bring the site into compliance with the City and State codes. Plaintiffs Exhibit 45: Letter from John Bennett to Edward Fa-drowski (December 18, 1981). A request of this nature by the City Engineer should have alerted a prudent, sophisticated purchaser, like Menard, that the site was not currently in compliance. All of the information Me-nard did discover in its investigation should have, at a minimum, led it to inquire further into the prior use of the site. Therefore, because the Court is satisfied Acme has established all the elements of Menard’s liability under section 107(a) of CERCLA and that Menard cannot satisfy several elements of the innocent purchaser defense, the Court concludes that there is no triable issue of fact as to whether Menard is liable to Acme for the response costs it incurred. Accordingly, Acme’s motion for partial summary judgment will be granted. B. Fast Track Summary Judgment Motions Pursuant to this Court’s scheduling order of February 12, 1990, several defendants in this case have filed “fast-track” summary judgment motions requesting that the Court dismiss all claims against them. These defendants generally argue either that they did not dispose of hazardous wastes at the Fa-drowski site or that the waste they did deposit did not contain hazardous substances. Most of these “fast-track” defendants are alleged to be generators of hazardous waste which ultimately found its way to the Fa-drowski site. As discussed above, in order to state a CERCLA claim under § 9607(a): [A] plaintiff must allege that (1) the waste disposal site is a “facility” within the meaning of 42 U.S.C. § 9601(9); (2) a “release” or “threatened release” of any “hazardous substance” from the facility has occurred; and (3) such “release” or “threatened release” ' has caused the plaintiff to incur response costs. Ascon Properties v. Mobil Oil Co., 866 F.2d 1149, 1152 (9th Cir.1989). See also United States v. Bliss, 667 F.Supp. 1298, 1310 (E.D.Mo.1987); Violet v. Picillo, 648 F.Supp. 1283, 1289 (D.R.I.1986). In this case, it is undisputed that there has been a “release” or a “threatened release” from a facility and that the release triggered the incurrence of response costs by Acme. Therefore, the only issues for resolution are (1) whether the defendant dumped its waste at the Fadrowski site and (2) whether the hazardous substances found at the site are also found in the defendant’s waste. There appeal's to be some confusion in the parties’ briefs regarding the issue of causation under CERCLA. Where, as here, a plaintiff is seeking recovery from numerous generator potentially responsible parties (“PRPs”), “the issue of causation would involve a factual determination of not whether defendants hazardous waste caused response costs, but, rather, whether a release or threatened release caused plaintiffs to incur response costs.” Arizona v. Motorola, 805 F.Supp. 742, 746 (D.Ariz.1992). Thus, Acme is not required to show that any particular “fast-track” defendant’s waste was the cause or a cause of the release. See, e.g. Dedham Water Co. v. Cumberland Farms Dairy, 889 F.2d 1146, 1157 (1st Cir.1989) (holding that CERCLA does not require proof that defendant’s hazardous substance in fact contaminated plaintiffs property); United States v. Ottati & Goss Inc., 630 F.Supp. 1361, 1405-06 (D.N.H.1986) (holding that there is no requirement that plaintiffs show that defendant’s waste caused environmental harm). However, the plaintiff must establish some connection between the release or threatened release of the hazardous substance and the particular defendant’s waste. The showing required, however, is minimal. It must merely “present evidence that a generator defendant’s waste was shipped to a site and that hazardous substances similar to those contained in the defendant’s waste remained present at the time of release.” United States v. Monsanto, 858 F.2d 160, 169 n. 15 (4th Cir.1988) cert. denied 490 U.S. 1106, 109 S.Ct. 3156, 104 L.Ed.2d 1019 (1989). See also United States v. Alcan Aluminum Corp., 964 F.2d 252, 266 (3d Cir.1992) (plaintiff-government “must simply prove that the defendant’s hazardous substances were deposited at the site from which there was a release and that the release caused the incur-rence of response costs”); Violet v. Picillo, 648 F.Supp. 1283, 1292 (D.R.I.1986) (“CERC-LA only requires that the plaintiff prove by a preponderance of the evidence that the defendant deposited his hazardous waste at the site and that the hazardous substances contained in the defendant’s waste are also found at the site.”); United States v. Wade, 577 F.Supp. 1326, 1333 (E.D.Penn.1983) (“The only required nexus between the defendant and the site is that the defendant have dumped his waste there and that the hazardous substances found in the defendant’s waste are also found at the site.”). In addition to its CERCLA claims, Acme also asserts RCRA claims against all of the “fast-track” defendants pursuant to 42 U.S.C. § 6972(a)(1)(B). As discussed above, this “citizen suit” provision of RCRA authorizes a lawsuit where a plaintiff can show (1) that conditions at a site may present an imminent and substantial endangerment, (2) that the endangerment stems from the past of present handling, treatment, storage or disposal of solid or hazardous waste, and (3) that the defendant contributed to such handling, treatment, storage or disposal of the solid or hazardous waste. See Bliss, 667 F.Supp. at 1313; United States v. Conservation Chemical Co., 619 F.Supp. 162, 199-200 (W.D.Mo.1985). Although the Court has already concluded that the question of whether the Fadrowski site poses an imminent and substantial danger is a question for the trier of fact, a “fast-track” defendant may still be entitled to summary judgment if it can show that Acme cannot meet one of the other requirements to maintain its cause of action. For the purposes of these motions, the only issue before the Court will be whether the defendant has contributed to the handling, treatment, storage or disposal of some solid or hazardous waste at the Fadrowski site. This inquiry will be similar to the CERCLA inquiry in that Acme must be able to show that a particular defendant’s waste was disposed of at the site. However, it will differ from the CERCLA inquiry to the extent that Acme will not be required to show that the wastes involved were hazardous. For the purposes of RCRA, disposal of nonhazardous solid wastes which contribute to an imminent and substantial endangerment can still result in liability. See 42 U.S.C. § 6972(a)(1)(B). It is worth noting that the initial burden of production in these summary judgment motions lies with the defendants. Once they satisfy their initial burden, the burden then shifts to the nonmovant plaintiff to show that a genuine issue of material fact exists. Celotex Corp. v. Catrett, 477 U.S. 317, 322-23, 106 S.Ct. 2548, 2552, 91 L.Ed.2d 265 (1986). According to the Supreme Court: If the defendant in a run-of-the-mill civil case moves for summary judgment ... based on the lack of proof of a material fact, the judge must ask himself not whether he thinks the evidence unmistakably favors one side or the other but whether a fair-minded jury could return a verdict for the plaintiff on the evidence presented. The mere existence of a scintilla of evidence in support of the plaintiffs position will be insufficient; there must be evidence on which the jury could reasonably find for the plaintiff. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 251, 106 S.Ct. 2505, 2511, 91 L.Ed.2d 202 (1986) (emphasis added). See also Lawshe v. Simpson, 16 F.3d 1475, 1477 (7th Cir.1994). Moreover, the Supreme Court has also stated that: [T]he plain language of Rule 56(e) mandates the entry of summary judgment, after adequate time for discovery and upon motion, against the party who fails to make a showing sufficient to establish the existence of an element essential to that party’s ease, and on which that party will bear the burden of proof at trial. Celotex, All U.S. at 322, 106 S.Ct. at 2552. The Court will address each “fast-track” defendant separately. 1. Bel-Aire Enterprises Bel-Aire Enterprises, Concrete Contractors, Inc. (“Bel-Aire”) is a paving contractor owned and operated by Dennis Ewald. Deposition of Dennis Ewald (June 13, 1990) at 6-8. The company removes and paves driveways, sidewalks and streets for private residences and municipalities in the Milwaukee area. Affidavit of Dennis Ewald at ¶ 2. In the mid-1970s, Bel-Aire began disposing waste material at the Fadrowski site under a long-term oral agreement with Mr. Fadrow-ski. When Fadrowski sold the site to Me-nard, the sale was made contingent on continuing the arrangement with Bel-Aire for five years. Plaintiffs Exhibits 43, 44. Acme first alleges that Bel-Aire should be held liable as a generator of hazardous waste which was ultimately disposed of at the Fadrowski site. It is undisputed that Bel-Aire disposed of solid waste at the Fadrowski site. However, Bel-Aire moves the Court for summary judgment on the basis that Acme has offered insufficient proof that the waste disposed of by Bel-Aire contained hazardous substances. Bel-Aire contends that it only disposed of nonhazardous solid waste at the site such as concrete, rocks, sod, and sand. Acme, in contrast, claims that asphalt — which contains hazardous substances — was mixed in Bel-Aire’s waste. In support of its motion, Bel-Aire points to the following deposition testimony of Anthony Ivancich, Fadrowski’s driver: Q [D]id you ever see anyone from Bel-Aire dump anything at the South 27th Street site besides concrete, dirt or the like? A I was pretty close with Bel-Aire Enterprise, and the only thing that they dumped was concrete or ground, and that is all.... Deposition of Anthony Ivancich, (March 8, 1990) at 125. Bel-Aire also points to the deposition testimony of Dennis Ewald to the effect that Bel-Aire never removed asphalt paving. Eivald Deposition (June 13,1990) at 10-12. In opposition to Bel-Aire’s motion, Acme relies on the inference that, because the site contained large amounts of asphalt intermixed with broken concrete, and because Bel-Aire was engaged in the paving business, that asphalt must have been disposed of at the site by Bel-Aire. See Affidavit of Robert E. Pearson (“Pearson Affidavit”) at ¶¶ 3-5; Ivancich Deposition (March 9, 1990) at 192. The Court concludes that Acme has failed to sufficiently respond to Bel-Aire’s evidence that the wastes it disposed of were nonhazardous. Even viewing the evidence in a light most favorable to Acme, this is simply not enough to survive a summary judgment motion. Acme further contends that Bel-Aire should be held liable as an owner/operator of the Fadrowski site based on the special arrangement that existed between Bel-Aire and Fadrowski. It argues that the long-term agreement between Bel-Aire and Fadrowski was the equivalent of a lease and that thus, Bel-Aire had a legal interest in the site and can therefore be held liable as an owner/operator pursuant to § 9607(a). See International Clinical Laboratories, Inc. v. Stevens, 20 ELR 20560, 1990 WL 43971 (E.D.N.Y.1990); United States v. South Carolina Recycling and Disposal, Inc., 653 F.Supp. 984 (D.S.C.1984), aff'd in part, vacated in part sub nom, 858 F.2d 160 (4th Cir.1988), cert. denied, 490 U.S. 1106, 109 S.Ct. 3156, 104 L.Ed.2d 1019 (1989). CERCLA itself provides little guidance as to who is to be considered an owner/operator for purposes of the statute. It defines “owner or operator” as “any person owning or operating” a hazardous waste facility, 42 U.S.C. § 9601(20)(A), which is, as the Ninth Circuit has observed, “a bit like defining ‘green’ as ‘green.’ ” Long Beach Unified School District v. Dorothy B. Godwin California Living Trust, 32 F.3d 1364, 1368 (9th Cir.1994). However, we are counselled to interpret the circularity of the statutory definition as a command to employ the ordinary meaning of the word rather than an unusual or technical meaning. Edward Hines Lumber Co. v. Vulcan Materials Co., 861 F.2d 155, 156 (7th Cir.1988). Acme has not alleged sufficient facts to support a finding that Bel-Aire had in fact assumed a sufficient legal relationship to be held liable as an owner of the Fadrowski site. It is undisputed that Bel-Aire was not a formal leaseholder. Acme points to the fact that the relationship between Fadrowski and Bel-Aire was a long-term arrangement and that Bel-Aire’s right to continue disposal operations at the site was incorporated as a limiting condition to Fadrowski’s sale of the site to Menard in 1983. See Deposition of Marv Proschaska (January 30, 1990) at 23-26. Nonetheless, ownership of a leasehold interest in property is not the same thing as having a long-term agreement to use it. To have a lease, the tenant must have a present possessory interest in the land. There is no evidence that Bel-Aire ever had any right of possession in the Fadrowski site. Bel-Aire clearly did have a right to use the land for a specific purpose; namely, dumping its solid waste. If this arrangement is anything more than a contract to use the land, it is an easement rather than a lease. An easement holder is generally not burdened with the obligations of ownership. See Cassidy v. Department of Natural Resources, 132 Wis.2d 153, 390 N.W.2d 81, 86 (Wis.Ct. of App.1986) (“Holders of easements gain no ownership interest in the underlying land, for an easement ‘is not an estate in land, but rather a right to use the land of another ...’”) (quoting Hunter v. McDonald, 78 Wis.2d 338, 344, 254 N.W.2d 282, 285 (1977)). Therefore, since Bel-Aire is not an owner of the site, this cannot provide a basis for liability. See Long Beach Unified, 32 F.3d at 1368-69 (“[W]e see no basis for holding that easement holders are owners for purposes of CERCLA liability.”). Acme further contends that Bel-Aire should be held liable as the operator of the Fadrowski site. In order to be an operator under CERCLA, a party must exercise some kind of day-to-day control over operations at the site. See Edward Hines, 861 F.2d at 157; Long Beach Unified School District, 32 F.3d at 1367 (“To be an operator of a hazardous waste facility, a party must do more than stand by and fail to prevent contamination. It must play an active role in running the facility, typically involving hands-on, day-to-day participation in the facility’s management.”). Acme contends that because Bel-Aire was obligated to level, grade, and “backfill” the materials it dumped at the Fadrowski site, it effectively operated the site. There is simply no evidence that Bel-Aire played any role in the day-to-day operation and management of the Fadrowski site. In fact, there is absolutely no evidence that anyone other than Ed Fadrowski called all of the shots with respect to the operation of his landfill. Acme asks the Court to extend what one would ordinarily consider the operation of a site beyond the dictates of common sense. Accordingly, the Court finds that Bel-Aire cannot be liable as the operator of the site. Finally, Acme alleges that Bel-Aire is liable under RCRA, 42 U.S.C. § 6972(a)(1)(B). As discussed above, in oi'-der to maintain a cause of action under this provision, Acme must be able to show that Bel-Aire has contributed to the handling, storage, treatment, transportation and disposal of the solid or hazardous waste, which has created an imminent and substantial danger to health or the environment. Bliss, 667 F.Supp. at 1313. In support of its summary judgment motion, Bel-Aire contends that Acme cannot prove that it contributed to the handling of hazardous waste that it is therefore entitled to summary judgment. Bel-Aire may have contributed to the problems at the site by dumping its waste at the site and spreading and mixing its wastes about during its “backfilling” and “levelling off’ operations. See Tanglewood East Homeowners v. Charles-Thomas, Inc., 849 F.2d 1568, 1574 (5th Cir.1988). Moreover, it is undisputed that Bel-Aire did dispose of solid waste at the site. Therefore, the Court concludes that there is a genuine dispute of fact as to whether these activities contributed to any hazard that may exist at the site. Accordingly, because we find that Bel-Aire was neither a generator of hazardous waste or an owner/operator of the Fadrowski site, its motion for summary judgment on Acme’s CERCLA claims will be granted. Acme’s corresponding summary judgment motion seeking a declaration of CERCLA liability is therefore denied. However, because triable issues remain, Bel-Aire’s motion for summary judgment on Acme’s RCRA claims will be denied. 2. Cambridge Chemical Cambridge Chemical, Inc. (“Cambridge”) is a Wisconsin corporation that has been doing business in Milwaukee since 1978. It is engaged in the business of small scale custom synthesis research and development services specializing in the synthesis of organic materials in small quantities. Affidavit of James M. Pykett at ¶ 3. Cambridge contracted with Ed’s Trucking on four different occasions to haul rubbish in 1978 and 1979. According to James Pykett, a vice-president of Cambridge, this rubbish consisted of “office, lunchroom and bathroom trash; paper towels; plastic bags; clear broken glass; bottles; lab glassware; boxes; crating material; poly packaging beads and vermiculite; flattened cans; cleaned five gallon poly containers; possibly a few empty clean metal cans; scraps of carpeting; floor vinyl; wood; paneling; and tile.” Pykett Affidavit at ¶ 6. Cambridge contends that much of this waste was generated during a remodeling project and that none of the waste was hazardous. In support of its summary judgment motion, Cambridge argues that Acme cannot prove that any of its waste was ever disposed of at the Fadrowski site. It points to the following circumstantial evidence that its waste was not disposed of at the Fadrowski site, but rather was taken by Ed’s Trucking to the Milwaukee County Landfill or the Nype Landfill. First, the available Cambridge invoices from Ed’s Trucking indicate that Ed’s picked up only rubbish from the company. In addition, Cambridge points to the deposition testimony of Ed Fadrowski that only solid waste was disposed of at the Fadrowski site, whereas rubbish was taken either to the County Landfill or the Nype Landfill. See Fadrowski Deposition (August 24, 1984) at 34-35, 87-88. Fadrowski's driver, Tony Ivancich, confirmed that this was the practice. Ivancich Deposition (February 19, 1985) at 24. Although Ivancich testified that on several occasions, he departed from this policy and did dump rubbish loads at the Fadrowski site, these dumpings took place between 1973 and 1976, before Cambridge ever began employing the services of Ed’s Trucking. See Ivancich Deposition (February 19, 1985) at 25. Finally, although Ivan-cich does not clearly remember picking up waste from Cambridge, he did testify that; If I did haul for them, which I did, if they are marked down here, it very possible [sic] was chemicals. And that went on the rubbish truck, because that’s the only truck I could get into that little dock that they had there. That’s the only thing I can recall. I think I pulled — I went — I hauled for them two times and there wasn’t that much there and that was on a rubbish truck that went to the County. Ivancich Deposition (February 2, 1990) at 79. Based on this evidence, the Court concludes that Cambridge meets its initial burden to support its motion for summary judgment. In response, Acme argues that Cambridge waste must have been disposed of at the Fadrowski site because (1) Ed’s Trucking was the only company that picked up waste from Cambridge between 1978 and 1980, Pykett Deposition at pp. 102-107, (2) Cambridge has no record of any disposal of its drummed chemical waste by anyone other than Ed’s until 1981, Pykett Deposition at pp. 107-109, and (3) that pollutants contained in Cambridge’s waste stream are consistent with the hazardous substances found at the site, Radcliffe Affidavit at ¶ 19(f). Therefore, Acme argues, it is reasonable to infer that Cambridge’s hazardous waste must have been disposed of at the Fadrowski site. The Court concludes that Acme has not introduced sufficient evidence to rebut Cambridge’s affirmative evidence that its waste was disposed of elsewhere. It is not enough to simply argue that Cambridge “must have” disposed of waste at the Fadrowski site in the face of strong circumstantial evidence that Cambridge’s waste was in fact disposed of at the County Landfill. Because there is no triable issue as to whether any of Cambridge’s waste was disposed of at the Fa-drowski site, Cambridge cannot be liable under RCRA or CERCLA. Therefore, the Court will grant Cambridge’s motion for summary judgment. 3. Cardinal Fabricating Cardinal Fabricating Corporation (“Cardinal”) is in the business of fabricating structural steel beams and columns for the construction industry. According to a co-owner of Cardinal, its basic operation involves cutting the beams to the length requested by customers, smoothing them out with a wire brush, and spray painting the beams with a primer. Deposition of Bruce Schlosser (June 21,1990) at 9-27. The primers used by Cardinal contained several hazardous substances, including toluene, xylene and VM & P Naptha. Schlosser Deposition at 33-43. Schlosser testified that the residual paint from the spray painting operation was placed in 55 gallon drums and was disposed of by Cardinal’s rubbish hauler; from 1971 to 1977, Ed’s Trucking. Schlosser Deposition at 13, 15. Cardinal also used a thinner in its processes which contained a hazardous substance. The thinner was either left to evaporate or was picked up by its paint supplier. Schlosser Deposition at 13-19. Cardinal now moves the Court for an order granting summary judgment based on the fact that Acme can point to no evidence that Cardinal’s waste was ever disposed of at the Fadrowski site. Therefore, argues Cardinal, the company neither arranged for the disposal of hazardous waste at the facility nor contributed to any imminent and substantial endangerment that might exist at the site. In support of its summary judgment motion, Cardinal relies on the fact that it only hired Ed’s Trucking to dispose of rubbish and that Ed’s practice was to dispose of rubbish at the County landfill or the Nype Landfill. See § III.B.2., supra. It also points to the following deposition testimony of Tony Ivancich: Q Now, another company you picked up from was Cardinal Fabricating, is that right? A Yes. Q Was that a rubbish pick up or— A It was rubbish. Ivancich Deposition (February 2, 1990) at 52. In response to Cardinal’s motion, Acme relies on the fact that Cardinal’s waste could have been included in the partial rubbish loads that Ivancich dumped at the Fadrowski site, see Ivancich Deposition (February 2, 1990) at 100, and the fact that wastes consistent with the types of waste generated by Cardinal were found at the site. See Affidavit of Michael J. Radcliffe at ¶¶ 11-16; Schlosser Deposition at 33-43. From this, Acme argues that despite the fact that there is no direct evidence of Cardinal’s waste being dumped at the Fadrowski site, it is reasonable to conclude that Cardinal’s waste was in fact disposed of there. For the same reasons discussed in conjunction with Cambridge Chemical, supra, the Court concludes that Acme’s argument amounts to little more than speculation, and is insufficient to survive Cardinal’s summary judgment motion dismissing all CERCLA and RCRA claims against it. Accordingly, the Court will grant Cardinal’s motion. 4. Commercial Heat Treating Commercial Heat Treating, Inc. (“Commercial”) hired Ed’s Trucking to dispose of waste left by the prior owner of a property Commercial had acquired. Commercial’s waste included foundry sand, wood pallets, wood patterns and wood shipping crates. Affidavit of Lloyd L. Stepien at ¶ 4; Answer to Interrogatory No. 2 of Response of Commercial Heat Treating, Inc. to Plaintiffs Interrogatories and Request for Documents. This waste was considered by Ed’s Trucking to be solid fill and was thus disposed of at the Fadrowski site. Ivancich Deposition (February 2, 1990) at 13-14. Commercial has moved the Court for summary judgment based on the fact that none of the waste it disposed of through Ed’s Trucking was hazardous. Prior to considering Commercial’s motion for summary judgment, the Court must determine whether to consider additional evidence submitted by Commercial in support of its motion. The Court concludes that the discovery of this new evidence constitutes sufficient cause for extending the time period for filing additional affidavits pursuant to Fed.R.Civ.Proc. 6(b). It further concludes that it is in the interest of justice to resolve this matter on the merits, considering all available evidence. Therefore, the Court will grant Commercial’s request to supplement the record and will deny Acme’s corresponding motion to strike Commercial’s supplementary submissions. Acme will be given 30 days from the date of this order to respond to this additional evidence; Commercial will be given 15 days after that to reply. Upon receipt of these supplemental briefs, the Court will decide both Commercial’s summary judgment motion and Acme’s cross-motion for summary judgment forthwith. 5. Hartwig Exhibitions Hartwig, Inc. (“Hartwig”) is engaged in the business of making exhibits for trade shows. Deposition of Daniel Hartwig (June 20, 1990) at 7. As a part of its operations, the company uses paints, inks and thinners and produces waste consisting of “used lacquer thinner” which contains toluene, 2-propanone, and acetone — among the hazardous substances found at the Fadrowski site. Hartwig has moved the Court for summary judgment dismissing all claims against it on the basis that there is no evidence that it ever disposed of any hazardous substances at the Fadrowski site. Hartwig does not dispute that its waste was taken to the Fadrowski site; rat