•C. Elements of a CERCLA
Claim:
1)The site is a “facility” within the meaning of
CERCLA;
2)A release of a hazardous substance for the site has
occurred;
3)The release or threatened release has resulted in
response costs being incurred consistent with the “national contingency plan”;
and
4)Defendant is a “covered person” under § 107(a) of CERCLA.
• 42
U.S.C. § 9607 (a); Kerr-McGee Chem. Corp. v.
Lefton Iron & Metal Co., 14 F.3d 321, 325 (7th Cir. 1994); Environmental Trans. Sys. Inc. v. Ensco, Inc., 969 F.2d 503, 506 (7th Cir. 1992).