EPA v. RAYTECH

Case summary

RAYTECH PLACED ITSELF IN VOLUNTARY CHAPTER 11 BANKRUPTCY IN MARCH 1989. IN 1990, THE UNITED STATES FILED A PROOF OF CLAIM IN THE RAYTECH BANKRUPTCY ON BEHALF OF EPA IN THE AMOUNT OF $12.5 MILLION. THE PROOF OF CLAIM ASSERTS THAT THE UNITED STATES IS ENTITLED TO RECOVER FROM RAYTECH, AS SUCCESSOR-IN-INTEREST TO RAYMARK, RCRA CIVIL PENALTIES FOR VIOLATIONS AT THE RAYMARK INDUSTRIES, INC. FACILITY IN STRATFORD, CT. THE PURPOSE OF THE PROPOSED AMENDED CLAIM IS TO FULLY SET FORTH THE UNITED STATES CLAIMS WHICH NOW INCLUDE RESPONSE COSTS THAT THE EPA AND THE DEPARTMENT OF JUSTICE HAVE INCURRED PURSUANT TO THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT ( CERCLA ), RCRA PENALTIES FROM A 1991 CIVIL ACTION AND NATURAL RESOURCE DAMAGES UNDER THE TRUSTEESIP OF THE U.S. DEPARTMENT OF INTERIOR ( DOI ), THE NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION ( NOAA ). THE PROPOSED AMENDED PROOF OF CLAIM WILL INCLUDE RCRA CIVIL PENALTIES AT THE RAYMARK INDUSTRIES SUPERFUND SITE IN STRATFORD, CT ( THE STRATFORD SITE ), PAST AND FUTURE RESPONSE COSTS INCURRED BY EPA-NEW ENGLAND AND DOJ AT THE STRATFORD SITE, DAMAGES FOR ALL INJURY TO, DESTRUCTION OF, OR LOSS OF NATURAL RESOURCES UNDER THE TRUSTEESHIP OF DOI AND NOAA RESULTING FROM THE RELEASE OF HAZARDOUS SUBSTANCES AT THE STRATFORD SITE, PAST AND FUTURE RESPONSE COSTS INCURRED BY EPA-NEW ENGLAND IN RESPONDING TO OTHER RAYMARK CONTAMINATED SUPERFUND SITES IN THE REGION, AS WELL AS PAST AND FUTURE RESPONSE COSTS INCURRED BY EPA REGION III IN RESPONDING TO RAYMARK CONTAMINATED SUPERFUND SITES IN REGION III. THE TOTAL AMOUNT OF THE PROPOSED AMENDED PROOF OF CLAIM IS APPROXIMATELY $300 MILLION. ON NOVEMBER 4, 1996, RAYTECH FILED AN ADVERSARY COMPLAINT IN THE CHAPTER 11 BANKRUPTCY ACTON AGINST THE CREDITORS COMMITTEE WHICH IS COMPRISED OF ASBESTOS PERSONAL INJURY PLAINTIFFS' ATTORNEYS.

Defendants (1)

• RAYTECHNamed in complaintNamed in settlement

Facilities (1)

• RAYMARK INDUSTRIES

  75 EAST MAIN ST, STRATFORD, CT, 06614

  Registry ID: 110000610919

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (2)

• RAYTECHentered 2005-08-16

  Primary law: CERCLA

• RAYTECHentered 2006-05-23

  Primary law: CERCLA

Timeline (5 milestones)

• 1997-02-07Referred To Dept Of Justice
• 1997-02-28Final Order Lodged
• 1997-02-28Complaint Filed With Court
• 1997-05-05Enforcement Action Data Entered
• 2006-05-23Final Order Entered