EPA v. MERRIMAC PAPER CO ET AL

Case summary

THIS IS THE LATEST IN A SERIES OF CIVIL REFERRALS REQUESTING THAT DOJ FILE A PROOF OF CLAIM IN FEDERAL BANKRUPTCY AND/OR STATE RECEIVERSHIP CASES INVOLVING PRPs AT THE BEEDE WASTE OIL SITE. THIS REFERRAL REQUESTS FILING A LATE POC IN THE CHAPTER 11 BANKRUPTCY INVOLVING MERRIMAC PAPER COMPANY, INC. AND AQUAMAC CORPORATION, BOTH OF LAWRENCE, MA. BECAUSE EPA DID NOT RECEIVE PRIOR NOTICE OF THE AUGUST 15, 2003 BAR DATE FOR FILING GENERAL, UNSECURED CLAIMS, THIS REFERRAL RECOMMENDS FILING A LATE CLAIM IN MERRIMAC'S AND AQUAMAC'S JOINTLY ADMINISTERED BANKRUPTCIES. REGION 1 ISSUED GENERAL NOTICE LETTERS TO MERRIMAC AND AQUAMAC (WHOLLY OWNED BY MERRIMAC) IN JUNE 2001, PROVIDING FORMAL NOTICE OF THEIR POTENTIAL LIABILITY FOR CERCLA COSTS AT BEEDE. TO DATE, EPA's PAST COSTS AB BEEDE TOTAL ABOUT $19M AND ESTIMATED FUTURE COSTS ARE AROUND $48M. BASED ON OUR LATEST COST ESTIMATES AND THE VOLUMERIC WASTE CONTRIBUTIONS OF MERRIMAC (6,070 GAL) AND AQUAMAC (26,125 GAL), THE ESTIMATED VALUE OF THE BEEDE CLAIM AGAINST EACH DEBTOR IS $37,148.40 FOR MERRIMAC AND $159,885.00 FOR AQUAMAC. THAT'S A TOTAL CLAIM OF $197,033.40. FILING A POC WILL PRESERVE EPA'S RIGHT TO SEEK PAYMENT FROM MERRIMAC AND AQUAMAC FOR THEIR SHARES OF PAST AND FUTURE BEEDE SITE COSTS.

Defendants (2)

• MERRIMAC PAPER COMPANYNamed in complaint
• AQUAMAC CORPORATIONNamed in complaint

Facilities (1)

• BEEDE WASTE OIL CORP

  7 KELLEY RD, PLAISTOW, NH, 038650127

  Registry ID: 110004088978

Statutes cited

• CERCLA 107A — Cost Recovery
• CERCLA 106A — Imminent & Substantial Endangerment Order

Timeline (4 milestones)

• 2003-11-07Referred To Dept Of Justice
• 2003-11-21Complaint Filed With Court
• 2003-12-02Enforcement Action Data Entered
• 2004-03-18Enforcement Action Closed