EPA v. JOHNS-MANVILLE - BANKRUPTCY

Case summary

IN 6/81, U.S. FILED SUIT AGST DEF AND PRIVATE OWNRS OF 6 SITES IN HUDSON & NASHUA, NH, ON WHICH DEF HAD DISPOSED OF FRIABLE ASBESTOS WASTE. SUIT WAS ORIG FILED UNDER RCRA 7003 AND WAS AMENDED IN 3/82 TO INCL CRCLA 106(A). U.S. & DEF ENTERED INTO PROTRACTED NEGOT IN EFFORT TO STTL CASE AND HAVE DEF COVER ASBESTOS WSTE AT SIX SITES. HOWEVER, DUE TO MANY REASONS, COMPLETE STTLMNT NEVER REACHED. ON 6/20/82, U.S. FILED PRELIM INJUNCT AGST ALL DEFS TO HAVE SITES CO- VERED, & DEF EVENTUALLY COVERED 2 SITES. ON 8/26/82, DEF FILED CH 11 REORG UNDER BNK REF ACT OF 1978. ON 9/30/82, CRT ISSUED STAY OF PROCEEDINGS IN EPA ENF ORCEMENT ACTION AGST DEF. U.S. MOVED TO VACATE STAY IN DIST CRT BUT CRT AFFIRMED MAGISTRATE ON 11/15/82. U.S. THEN MOVED TO APPEAL ORDER OF AFFIRM, THO APPEAL EVENTUALLY WITH- DRAWN IN FAVOR OF SEEKG CERTIF OF ORDER AS APPEALABLE INTER- LOCUTORY ORDER, TO BE FOLLOWED BY AN APPEAL. BECAUSE OF DEF REFUSAL TO CLEANUP SITES, EPA PROCEEDED W/IMMEDIATE REMOVAL ACTION UNDER CRCLA TO PREVENT FURTHER EXPOSURE TO ASBESTOS. EPA GAVE LNDOWNRS OPPORTUNITIES TO PE RFORM CLEANUP AND THEY DECLINED. EPA AUTHORIZED CLEANUP FOR SIX SITES AND A SEVENTH WAS ADDED. TWO LNDOWNRS REFUSED EP A ACCESS TO PERFORM CLEANUP AND U.S. FILED PRELIM INJUNCT UN DER CRCLA 104 SEEKING ACCESS TO PERFORMCLEANUP. EPA INITIA TED RESPONSE ACTION ON 6/29/83 AND COMPLETED WORK ON 7TH SIT E 10/20/83. WORK PERFORMED AT ALL SITES INCL: INSPECTION, S AMPLING AND ANALYSIS OF MATERIAL FRO SITES; CLRING AND GRUBB ING SITES; EGDE CUTTING TO DETERMINE PERIMETER OF EA SITE AN D EXTENT OF CONTAM; DEPOSITION OF 18 OF GRAVEL ON EA SITE AND ROUGH GRADING; DEPOSITION OF 12 OF LOAM; FINAL GRADING OF SITES AMD SEEDING/FERTILIZING SITES. EPA REMOVED ASBESTO S WASTE FROM ONE SITE AND DISPOSED OF IT IN LANDFILL, DUE TO AMT AT SITE. TOTAL COST FOR EPA'S WORK TO DATE IS APPROX $1,056,876. MORE WORK SCHEDULED AT SITES TO PERFORM REPAIR WORK IN FALL 84 OR SPRING 85 DUE TO DAMAGE FROM PAST WINTER. NEC COST DO CUMENTATION HAS BEEN GATHERED BY REGN AND HQ. THIS ACTION IS TO FILE A PROOF OF CLAIM AGAINST DEF IN U.S. BNKRPTCY CT FOR RESPONSE ACTION COSTS INCURRED FOR SITE CLEANUP. THE ORIG CRCLA COUNT WHICH THIS ACTION IS TRYING TO PROTECT ORIGINATED IN 1982 (CASE NO. 01-82-E013). THE JOHNS-MANVILLE CH 11 PETITION IS IN THE BNK CRT FOR THE SO DIST OF N.Y. THE CRT HAS SET DEADLINE OF 10/31/84 FOR FILING ALL PROOFS OF CLAIM AGST DEF. CRT DESIGNATED THAT PERSONS FILING CLAIMS FOR PROPERTY DAMAGE MUST FILE SPE CIAL FORM. DUE TO STAY OF ALL PROCEEDINGS IN DIST CT, THE APPROP & ONLY FORUM FOR THE U.S. TO FILE A CLAIM FOR ITS COSTS UNDER CERCLA 107 IS THE BNK CRT. TOTAL CLAIMS SOUGHT: $1.1 MILLION TOTAL RECOVERED : $0.0 TOTAL SPENT : $1.1 MILLION

Defendants (1)

• JOHNS-MANVILLE CORPNamed in complaint

Facilities (1)

• B N Z MATERIALS INC

  40 BRIDGE ST, NASHUA, NH, 03061

  Registry ID: 110009421312

Statutes cited

• CERCLA 107 — Superfund

Timeline (5 milestones)

• 1984-09-28Referred To Headquarters
• 1984-10-26Referred To Dept Of Justice
• 1984-11-30Complaint Filed With Court
• 1988-11-28Concluded
• 1988-11-28Enforcement Action Closed