EPA v. YAWORSKI LAGOON

Case summary

IN 1990 AN RD/RA CONSENT DECREE WAS ENTERED. UNDER THE CD, ALL OBLIGATIONS FALL ON PERVEL IN THE FIRST INSTANCE, THE CD PROVIDED THAT IF EPA DETERMINED PERVEL COULD NOT CONTINUE SITE WORK, CD OBLIGATION WOULD FALL ON THE OTHER SIGNATORIES (THE OWNER/OPERATOR AND LOW VOLUME GENERATORS). IN THE FALL OF 1993 PERVEL CEASED ALL SITE WORK AND IN INFORMED EP IT HAD NO FUNDS TO CONTINUE. EPA SUBSEQUENTLY ENTERED DE MINIMIS SETTLEMENTS WITH LOW VOLUME GENERATORS. SITE WORK CONTINUED UNTIL 1996, FUNDED BY BEMIS (PERVEL'S PARENT & THE OWNERS/OPERATORS. IN 1996 BEMIS REFUSED TO CONTRIBUTE FURTHER TO THE CLEAN-UP AND THE OWNERS/OPERATORS STATED THEY HAD NO ABILITY TO CONTINUE FUNDING THE WORK. EPA THEN REFERRED A CASE AGAINST BEMIS FOR FRAUDULENT CONVEYANCE AND MULTIPLE OTHER COUNTS OF FRAUDULENTLY TRANSFERRING PERVEL'S ASSETS TO BEMIS. EPA IS CURRENTLY INVESTIGATING FRAUDULENT CONVEYANCE COUNTS AGAINST THE OWNER OPERATORS, YAWORSKI INC AND ROSE YAWORSKI.

Defendants (2)

• BEMIS COMPANYNamed in complaintNamed in settlement
• PERVEL INDUSTRIESNamed in complaintNamed in settlement

Facilities (1)

• YAWORSKI LANDFILL

  133 PACKER ROAD, CANTERBURY, CT, 06331

  Registry ID: 110001731822

Statutes cited

• CERCLA 107 — Superfund

Enforcement conclusions (1)

• YAWORKSI LAGOONentered 2000-08-11

  Primary law: CERCLA

Timeline (7 milestones)

• 1996-11-18Referred To Dept Of Justice
• 1996-12-02Complaint Filed With Court
• 1997-08-15Enforcement Action Data Entered
• 2000-06-02Final Order Lodged
• 2000-08-11Final Order Entered
• 2000-08-11Concluded
• 2005-12-15Enforcement Action Closed