What are the elements of a claim under CERCLA?

"CERCLA was enacted '"to initiate and establish a comprehensive response and financing mechanism to abate and control the vast problems associated with abandoned and inactive hazardous waste disposal sites."' [Citation.] CERCLA is 'a comprehensive environmental statute principally designed to effectuate two goals: (1) the cleanup of toxic waste sites; and (2) the compensation of those who have attended to the remediation of environmental hazards.' [Citation.] The elements of a claim by a government agency to recover costs associated with a cleanup conducted under CERCLA are: (1) the site is a 'facility'; (2) a 'release' or 'threatened release' of a hazardous substance occurred; (3) the government agency incurred costs not inconsistent with the national contingency plan;

Page 17

and (4) the defendant is a responsible party. [Citations.]" (Redevelopment Agency v. Salvation Army (2002) 103 Cal.App.4th 755, 764-765.)