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MODERN SEWER CORP. v. NELSON DISTRIBUTING, INC.

No. 53085-2-I.

109 P.3d 11 (2005)

125 Wash.App. 564

MODERN SEWER CORPORATION, a Washington Corporation, and Marvin Sims, individually and Marvin Sims d.b.a. Modern Sewer Construction Company Inc. a Washington Corporation, Respondents, v. NELSON DISTRIBUTING, INC. d.b.a Nelson Distributing, a Washington Corporation, Appellant.

Court of Appeals of Washington, Division 1.

Publication Ordered February 7, 2005.

Attorney(s) appearing for the Case

Bradley Alan Maxa, Gordon Thomas Honeywell, Tacoma, for Petitioner.

David Newell Land, John R. Spencer, Spencer & Loescher PLLC, Tacoma, for Respondents.

Steven J. Thiele, Asst. Atty. Gen., Olympia, Amicus Curiae on behalf of Wash. Dept. of Ecology.

Gillis Edward Reavis, Brown Reavis & Manning PLLC, Seattle, Amicus Curiae on behalf of Wash. Environmental Council.

APPELWICK, J.

¶ 1 Modern Sewer Corporation hired Nelson Distributing to provide petroleum to its gas station in Mukilteo, Washington. Nelson Distributing did not pump the 2000 gallons of gasoline Modern Sewer ordered into the underground storage tank (UST); instead, it mistakenly pumped all 2000 gallons into a monitoring well and into the ground. Modern Sewer Corporation sued under the Model Toxics Control Act (MTCA). Nelson argued

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