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STATE DEPT. OF ENV. PROTECTION v. ALLIED

No. 97-4905.

724 So.2d 151 (1998)

STATE of Florida DEPARTMENT OF ENVIRONMENTAL PROTECTION, Appellant, v. ALLIED SCRAP PROCESSORS, INC., et al., Appellees.

District Court of Appeal of Florida, First District.

Rehearing Denied January 20, 1999.

Attorney(s) appearing for the Case

F. Perry Odom, General Counsel, and Thomas M. Beason and Anthony J. Ettore, Tallahassee, Assistant General Counsel, for Appellant.

Philip A. Bates of Philip A. Bates, P.A., Pensacola, for appellees Allied Scrap Processors, Inc., Berman Bros., Inc., Chatham Steel Corporation, Commercial Metals Company, Exide Corporation, Gamson Investments, Inc., Refined Metals Corporation, and Sanders Lead Company, Inc.

BARFIELD, Chief Judge.

In an action to collect the costs of treating contamination at the site of a former battery processing operation, the trial court entered summary judgment against the Florida Department of Environmental Protection and in favor of appellees, "generators" of hazardous waste under the Water Quality Assurance Act of 1983 (WQAA), chapter 83-310, Laws of Florida. The trial court's ruling was premised upon the parties' acknowledgment that the battery...

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