EPA v. COMBE FILL SOUTH LANDFILL SITE

Case summary

THIS PROPOSES FILING OF A CIVIL ACTION AND APPROPRIATE CLAIMS IN BANKRUPTCY PROCEEDINGS FOR RECOVERY OF COSTS IN- CURRED BY THE U.S. GOVERNMENT IN CONNECTION W/ A SUPERFUND SITE. THESE COSTS HAVE BEEN INCURRED & ARE PRESENTLY BEING INCURRED FOR INVESTIGATION & REMEDIATION OF HAZARDOUS SUB- STANCES AT THE COMBE FILL SOUTH LANDFILL SITE LOCATED IN CHESTER & WASHINGTON TOWNSHIPS, N.J. THE PROPOSED ACTIONS WOULD SEEK RECOVERY OF EPA COSTS PURSUANT TO CERCLA SECTION 107(A), 42 USC 9607. THE REFERRAL PROPOSES THAT AN APPLICATION BE FILED IN THE U.S. BANKRUPTCY COURT FOR THE S.D.N.Y. (WHICH IS WHERE THE DEFENDANT FILED FOR CHAPTER 7 BANKRUPTCY) REQUESTING THAT THE COURT RECOGNIZE THAT W/ RESPECT TO THE COMBE FILL SOUTH LANDFILL THE U.S. IS ENTITLED TO ADMINISTRATIVE EXPENSES W/ FIRST PRIORITY STATUS PURSUANT TO 11 USC 503(B)(1)(A) & 507(A)(1) OF THE BANKRUPTCY CODE, & ORDER THAT THE TRUSTEE REIMBURSE THE U.S. FOR THESE EXPENSES. BECAUSE THE FUNDS REMAINING IN THE BANKRUPT'S ESTATE ARE LIMITED, THERE IS A NEED TO EXPEDITE REVIEW OF THIS REFERRAL & THE FILING OF THE PROPOSED APPLICATION. NOTICE OF ENTRY OF ORDER: $50,000 SPLIT WITH NO. COMBE FILL CORPORATION 12/01/86 SIGNED BY JUDGE.

Defendants (2)

• COMBE FILL CORPORATIONNamed in complaintNamed in settlement
• SCHERLING, B.D. ESQ. (TRUSTEE, CHAP. 7)Named in complaintNamed in settlement

Facilities (1)

• NJDEP COMBE FILL SANITARY LANDFILL

  96 PARKER RD, CHESTER, NJ, 079303201

  Registry ID: 110004255966

Statutes cited

• CERCLA 107 — Superfund

Enforcement conclusions (1)

• COMBE FILL CORPORATION__SO.entered 1988-05-20

  Primary law: CERCLA

Timeline (8 milestones)

• 1985-09-30Referred To Headquarters
• 1985-11-13Referred To Dept Of Justice
• 1985-12-30Referred TO U.S. Attorney
• 1986-01-22Complaint Filed With Court
• 1988-05-20Final Order Lodged
• 1988-05-20Final Order Entered
• 1988-05-20Concluded
• 1988-05-20Enforcement Action Closed