EPA v. COMBE FILL NORTH LANDFILL SITE

Case summary

THIS REFERRAL PROPOSES THE FILING OF A CIVIL ACTION & AP- PROPRIATE CLAIMS IN BANKRUPTCY PROCEEDINGS FOR RECOVERY OF COSTS INCURRED BY THE U.S. GOVERNMENT IN CONNECTION W/ A SUPERFUND SITE. THESE COSTS HAVE BEEN INCURRED AND ARE PRESENTLY BEING INCURRED FOR INVESTIGATION & REMEDIATION OF HAZARDOUS SUBSTANCES AT THE COMBE FILL NORTH LANDFILL SITE LOCATED IN MOUNT OLIVE TOWNSHIP, N.J. THE PROPOSED ACTIONS WOULD SEEK RECOVERY OF OUR 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 BANKRUPT DEFENDANT FILED FOR CHAPTER 7 BANKRUPTCY) REQUEST- ING THAT THE COURT RECOGNIZE THAT W/ RESPECT TO THE COMBE FILL NORTH LANDFILL THE U.S. IS ENTITLED TO ADMINISTRATIVE EXPENSES WITH FIRST PRIORITY STATUS PURSUANT TO 11 U.S.C. 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 ORDER: CASE NO. 81 B 12024(BRL); PURSANT ORDERED TO 11 U.S.C. 554 (A) AUTHORIZING THE ABANDONMENT OF DEBTOR ACCOUNTING AND DUMPING RECORDS AND THE AFFIDAVIT IN OPPOSITION TO THE APPLICATION FOR ABANDONMENT, BY ANDESON, RUSSELL, KILL & OLICK, P.C., ATTORNEYS FOR THE DEBTOR, DATED JUNE 5, 1986. AFTER DUE DILIBERATION: ORDERED, THAT THE TWO DEBTOR LANDFILL SITES LOCATED IN MORRIS COUNTY, NJ, BE, AND THEY HEREBY ARE, ABANDONED PURSUANT TO THE PROVISIONS OF 11 U.S.C. 554(A); AND IT IS FUTHER ORDERED, THAT THE RECORDS OF DEBTOR BE, AND THEY HEREBY ARE, ABANDONED PURSUANT TO THE PROVISIONS OF 11 U.S.C. 554 (A), SAID RECORDS TO BE TURNED OVER TO THE UNITED STATES EPA ON THE CONDITION THAT THE RECORDS BE MADE AVAILABLE TO ALL PARTIES IN INTEREST.

Defendants (2)

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

Facilities (2)

• WAUCONDA SAND & GRAVEL

  BONNER & GARLAND RD, WAUCONDA, IL, 60084

  Registry ID: 110009327022

• COMBE FILL NORTH LANDFILL

  GOLDMINE ROAD, MOUNT OLIVE, NJ, 07828

  Registry ID: 110060528102

Statutes cited

• CERCLA 107 — Superfund

Enforcement conclusions (1)

• COMBE FILL CORPORATION_NO.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