EPA v. LINCOLN PAPER AND TISSUE

Case summary

On July 13, 2017, the U.S. Bankruptcy Court for the District of Maine signed an Order approving the Settlement Agreement entered into by DOJ, EPA, Maine Department of Environmental Protection (MEDEP), and Lincoln Paper and Tissue, LLC (Debtor) at the Lincoln Pulp and Paper Superfund Site. The Settlement Agreement relates to liabilities of the Debtor under CERCLA in connection with the 275-acre paper mill owned and formerly operated by the Debtor in Lincoln, Maine. Pursuant to the Settlement Agreement's terms, the Debtor has agreed to implement certain removal actions on its property, including the removal of drums and containers of hazardous substances and hazardous wastes, the removal of radioactive materials, and the removal of friable asbestos. MEDEP has agreed that an escrow account of $50,000, which was set aside by the Debtor earlier in the bankruptcy case for the benefit of any remediation sought by MEDEP at the Facility, will be paid to EPA to help defray EPA's removal costs at the Facility. MEDEP has signed the Settlement Agreement. The Settlement Agreement provides the Debtor with a covenant not to sue under CERCLA. On February 23, 2016, EPA referred a request to the Department of Justice to file a proof of claim concerning Lincoln Paper and Tissue, LLC ( Lincoln Paper ) in a Chapter 11 bankruptcy proceeding. Lincoln Paper is the current owner and operator of the Lincoln Paper and Tissue Site ( Site ) located in Lincoln, ME. EPA referred the proof of claim to DOJ to resolve claims regarding Lincoln Paper's liability at the Site.

Defendants (1)

• LINCOLN PAPER AND TISSUENamed in complaintNamed in settlement

Facilities (2)

• LINCOLN PAPER AND TISSUE

  50 KATAHDIN AVENUE, LINCOLN, ME, 04457

  Registry ID: 110000314570

• LINCOLN PAPER AND TISSUE

  50 KATAHDIN AVENUE, LINCOLN, ME, 04457

  Registry ID: 110000314570

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• LINCOLN PAPER AND TISSUE

  Primary law: CERCLA

Timeline (4 milestones)

• 2016-02-23Referred To Dept Of Justice
• 2016-02-25Enforcement Action Data Entered
• 2017-07-13Complaint Filed With Court
• 2017-07-13Final Order Lodged