EPA v. ROSEN SITE

Case summary

THIS ACTION IS BASED ON THE FOLLOWING FACTS: PHILIP ROSEN IS THE CURRENT OWNER AND ONE OF THE FORMER OPERATORS OF THE ROSEN SITE ('SITE'), A NON-NPL SITE IN CORTLAND, NEW YORK. HAZARDOUS SUBSTANCES WERE DISPOSED OF AT THE SITE DURING THE PERIOD THAT ROSEN OPERATED THE SITE. SUCH DISPOSAL HAS RESULTED IN RELEASE OF HAZARDOUS SUBSTANCES INTO THE ENVIRONMENT, AS A RESULT OF WHICH EPA HAS INCURRED AND IS CONTINUING TO INCUR RESPONSE COSTS. UNDER SECTION 107(A) OF CERCLA, PHILIP ROSEN IS LIABLE FOR THOSE COSTS. ROSEN FILED A PETITION UNDER CHAPTER 11 OF THE BANKRUPTCY CODE IN 1983. THE PROCEEDING WAS CONVERTED TO A CHAPTER 7 BANKRUPTCY PROCEEDING IN 1986 AND IS ONGOING. THE SITE IS ONE OF THE ASSETS INCLUDED IN ROSEN'S ESTATE. PROPOSED RELIEF SOUGHT: THIS REFERRAL RECOMMENDS THAT A PROOF OF CLAIM BE FILED IN PHILIP ROSEN'S CHAPTER 7 BANKRUPTCY PROCEEDING TO OBTAIN RECOVERY FROM ROSEN'S BANKRUPTCY ESTATE OF THE APPROXIMATELY $282,000 THAT EPA EXPECTS TO HAVE INCURRED WITH RESPECT TO THE SITE WITHIN THE NEXT FEW MONTHS.

Defendants (1)

• ROSEN, PHILIP A., DEBTORNamed in complaintNamed in settlement

Facilities (1)

• CORTLAND PRP GROUP

  136 S PENDLETON ST, CORTLAND, NY, 13045

  Registry ID: 110004417916

Statutes cited

• CERCLA 107 — Superfund

Enforcement conclusions (1)

• PHILIP ROSEN & DEVORAH ROSENentered 1994-06-02

  Primary law: CERCLA

Timeline (7 milestones)

• 1987-09-25Referred To Headquarters
• 1987-11-10Referred To Dept Of Justice
• 1988-05-10Complaint Filed With Court
• 1994-06-02Final Order Lodged
• 1994-06-02Final Order Entered
• 1994-06-02Concluded
• 1994-06-07Enforcement Action Closed