Div. 1 of WA Court of Appeals Interprets Innocent Purchaser and Domestic Use Defenses under the Washington Model Toxics Control Act

Grey v. Leach, Ct. of Appeals Dkt. No. 63221-3-I (Div. 1, Dec. 13, 2010).

The Court of Appeals was asked to determine whether under the Washington Model Toxics Control Act ("MTCA") , either the “innocent purchaser” defense (RCW 70.105D.040(3)(b)) or the “domestic purpose” defense (RCW 70.105D.040(3)(c)) applies to former owners of a house when the residential heating system operated by them unknowingly leaked oil into the ground and contaminated it during their ownership.  The court found that the former owners, "as operators of the heating system, contributed to the contamination, they are not “innocent purchasers” under MTCA and that releasing fuel oil from leaking return pipes running to an underground storage tank is not a “domestic use” under" MTCA.