EPA v. PERONA BROTHERS INC

Case summary

PERONA BROTHERS, INC. (PERONA) OPERATED A JUNK YARD WHICH COMTAINED APPROXIMATELY FIVE MILLION TIRES, AN UNDETERMINED NUMBER OF AUTOMOBILES, TRUCKS AND OTHER DISCARDED DEBRIS, AS WELL AS DRUMS AND CYLINDERS OF UNKNOWN ORIGIN. ON 12/06/86, A FIRE OCCURRED, WHICH LASTED FOR FIVE DAYS AND SPREAD HAZ- ARDOUS SUBSTANCES AND MATERIALS ONTO THE SITE AND INTO THE GROUNDWATER. EPA PERFORMED A RESPONSE ACTION IN PROVIDING ASSISTANCE IN PUTTING OUT THE FIRE AND INCURRED COSTS IN TAKING THIS RESPONSE ACTION AT THE SITE. ON 06/29/89, THE NJDEP REQUESTED THAT EPA PERFORM A CERCLA REMOVAL ACTION TO REMOVE THE HAZARDOUS SUBSTANCES AND MATERIALS AT THE SITE WHICH RESULTED FROM THE DECEMBER 1986 FIRE. THIS CONTING- ENCY MAY INCUR ADDITIONAL RESPONSE COSTS FOR EPA IN THE FUTURE. ON OCTOBER 31, 1986, PERONA BROTHERS, INC. FILED A PETIT- ION FOR PROTECTION UNDER CHAPTER 11 (REGORANIZATION) OF THE UNITED STATES BANKRUPTCY CODE. THE TRUSTEE IN BANKRUPTCY, MR. JAMES CAIN, PETITIONED THE COURT FOR A CONVERSION OF THE PETITION TO A CHAPTER 7 (LIQUIDATION) ACTION, WHICH WAS GRANTED BY THE COURT ON 06/14/89. IN ORDER TO PROTECT ITS ABILITY TO RECOVER RESPONSE COSTS FROM THE POTENTIALLY RESPONSIBLE PARTY (PRP), EPA MUST FILE A PROOF OF CLAIM WITH THE BANKRUPTCY COURT PRIOR TO OCTOBER 18, 1989, THE BAR DATE. THIS REFERRAL TO THE UNITED STATES DEPARTMENT OF JUSTICE (DOJ) IS SUBMITTED TO SUPPORT THE FILING OF A PROOF OF CLAIM. THE REFERRAL RECOMMENDS A PROOF OF CLAIM BE FILED IN THE PERONA CHAPTER 7 BANKRUPTCY PROCEEDING TO OBTAIN RECOVERY FROM THE BANKRUPTCY ESTATE OF COSTS INCURRED TO DATE BY EPA OF APPROXIMATELY $171,237.36. A COPY OF THE PROOF OF CLAIM IS ATTACHED AS AN EXHIBIT TO THE REFERRAL. THE PROOF OF CLAIM MAKES REFERENCE TO & SEEKS RECOVERY OF ALL ADDITIONAL COSTS THAT MAY BE INCURRED BY EPA IN THE FUTURE. RECENT CONTACTS WITH THE DEBTOR: ON 09/26/89, EPA SPOKE WITH MARK DEMARCO, ESQ., DEBTOR'S ATTORNEY, WHO PROVIDED THE INFORMATION THAT ALTHOUGH THE BANKRUPTCY COURT CAPTION READS ET AL., THE ONLY DEBTOR OF RECORD IS PERONA BROTHERS, INC. ON 1/12/93 TRUSTEE OF THE DEBTOR CONTACTED DOJ, HENRY FRIEDMAN, ESQ. BY LETTER INFORMING THAT THE TRUSTEE IS IN THE PROCESS OF REVIEWING CLAIMS FOR THE CASE. THE TRUSTEE REQUESTED THAT DOJ PROVIDE AN ACCOUNTING OF ALL SERVICES OR COSTS INCURRED BY EPA WHICH DOCUMENT THE ENTITLEMENT OF EPA TO ITS SPECIFIC CLAIM. * FACILITY NAME: PERONA BROS TIRE FIRE, WHITE HORSE PIKE ELWOOD, NJ 08217 SIC CODE: 4953 EPID# NJD071456107

Defendants (1)

• PERONA BROTHERS INCNamed in complaint

Facilities (1)

• PERONA BROS TIRE FIRE

  ROUTE 30 (WHITEHORSE PIKE ), ELWOOD, NJ, 08217

  Registry ID: 110009298731

Statutes cited

• CERCLA 107A — Cost Recovery

Timeline (5 milestones)

• 1989-09-29Enforcement Action Data Entered
• 1989-09-29Referred To Dept Of Justice
• 1989-10-17Complaint Filed With Court
• 1999-10-06Concluded
• 1999-10-06Enforcement Action Closed