MEMORANDUM DECISION and ORDER
BARRINGTON D. PARKER, JR., U.S.D.J.
This action under the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"), 42 U.S.C. § 9601, et seq., as amended by the Superfund Amendments and Reauthorization Act of 1986 ("SARA"), P.L. 99-499 (October 17, 1986), and state law is before this Court on the motion of third-party defendant, the United States of America ("the Government"), for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure. Third-party plaintiffs have asserted CERCLA § 113(f) claims for contribution against the Government based upon its ownership of a strip of land adjacent to the New Windsor landfill. Familiarity with the facts and this Court's prior decision of March 14, 1996 is assumed. The facts specifically relevant to this motion are summarized below.
The Town of New Windsor operated the New Windsor landfill from 1962 through 1976. The landfill encroached 100-150 feet upon an adjacent strip of land. The Government owned the strip of land, which was a part of the Stewart Airport property, until October 16, 1970, when it deeded the Airport to the Metropolitan Transportation Authority ("MTA"). The MTA owned the Airport until June 21, 1982, when the New York State Department of Transportation ("DOT") acquired ownership. DOT still owns the Airport.
The Government moves for summary judgment on the grounds that there is no evidence that it is a "responsible party" under CERCLA. Specifically, the Government argues that third-party plaintiffs have no evidence that the Government owned or operated a facility when a hazardous substance was disposed of there.
Rule 56 of the Federal Rules of Civil Procedure authorizes 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 Court's responsibility is to perform "the threshold inquiry of determining whether there is the need for a trial -- whether, in other words, there are any genuine issues that properly can be resolved only by a finder of fact because they may reasonably be resolved in favor of either party." McNeil v. Aguilos, 831 F. Supp. 1079, 1082 (S.D.N.Y. 1993) (quoting Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 250, 91 L. Ed. 2d 202, 106 S. Ct. 2505 (1986)); Western World Ins. Co. v. Stack Oil, Inc., 922 F.2d 118, 121 (2d Cir. 1990). In determining whether a genuine issue of material fact exists, a court must resolve all ambiguities and draw all reasonable inferences against the moving party. See McNeil, 831 F. Supp. at 1082 (citing United States v. Diebold, Inc., 369 U.S. 654, 655, 8 L. Ed. 2d 176, 82 S. Ct. 993 (1962)(per curiam)(other citations omitted)). See also Coach Leatherware Co., Inc. v. AnnTaylor, Inc. 933 F.2d 162, 167 (2d Cir. 1991)(citations omitted).
Liability under CERCLA is imposed where a plaintiff establishes the following five elements: (1) the defendant falls within one of the four categories of "responsible parties" enumerated in § 107(a); (2) the site of the clean-up is a facility under § 101(9); (3) there is a release or threatened release of hazardous substances at the facility; (4) as a result of which plaintiff has incurred response costs; and (5) the costs incurred conform to the national contingency plan ("NCP") under § 107(a)(4) as administered by the EPA. See U.S. v. Alcan Aluminum Corp., 990 F.2d 711, 719-20 (2d Cir. 1993)(citing B.F. Goodrich Co. v. Murtha, 958 F.2d 1192, 1198 (2d Cir. 1992)).
CERCLA defines "facility" to include "any . . . landfill . . ., or any site or area where a hazardous substance has been disposed of, or placed, or otherwise come to be located . . . ." 42 U.S.C. § 9601(9). Under § 107(a), a "responsible party" includes:
(2) any person who at the time of disposal of any hazardous substance owned or operated any facility at which such hazardous substances were disposed of . . ."