EPA v. LECARREAUX, EDWARD

Case summary

THIS IS A BANKRUPTCY REFERRAL PURSUANT TO THE COMPREHEN- SIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT, AS AMENDED, 42 U.S.C. SECTION 9607 AND THE UNITED STATES BANKRUPTCY CODE 11 U.S.C. SECTION 101. ON 4/26/90 THE UNITED STATES FILED A CIVIL ACTION IN THE FEDERAL DISTRICT COURT OF NEW JERSEY (CIV. NO. 90-1672(HLS)) AGAINST EDWARD LECARREAUX FOR RESPONSE COSTS UNDER SECTION 107A OF CERCLA, 42 U.S.C. SECTION 9607A AND CIVIL PENALTIES AND PUNITIVE DAMAGES UNDER SECTION 106B1, 42 U.S.C. SECTION 9696B1 AND SECTION 107C3 OF CERCLA. THE ACTION CONCERNED LECARREAUX'S LIABILITY AS OWNER AND OPERATOR OF THE DUANE MARINE CERCLA SITE IN PERTH AMBOY, NEW JERSEY. ON JULY 30, 1991, JUDGE H. LEE SAROKIN OF THE DISTRICT OF NEW JERSEY GRANTED THE UNITED STATES' MOTION FOR SUMMARY JUDGMENT ON LIABILITY AND REFERRED THE CASE TO MAGISTRATE JUDGE HEDGES FOR A DETERMINATION ON THE AMOUNT OF COSTS, PENALTIES AND PUNITIVE DAMAGES. FOLLOWING A HEARING ON COSTS, PENALTIES AND PUNITIVE DAMAGES, THE UNITED STATES FILED PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW WHICH WERE ADOPTED BY THE MAGISTRATE IN HIS JANUARY 29, 1992 REPORT AND RECOMMENDATION. ON FEBRUARY 18, 1992, JUDGE SAROKIN AFFIRMED THE MAGISTRATE'S RULING AND ENTERED JUDGMENT AGAINST LECARREAUX FOR THE FULL SUMS IN THE UNITED STATES' PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW. SPECIFICALLY, THE UNITED STATES WAS AWARDED $346,646.28 IN RESPONSE COSTS FOR WHICH LECARREAUX IS JOINTLY AND SEVERALLY LIABLE WITH DEFENDANT LIGHTMAN DRUM COMPANY, INC. IN ADDITION, LECARREAUX WAS ALSO FOUND LIABLE FOR $1,770,000 IN PENALTIES AND $228,336.81 IN PUNITIVE DAMAGES. HOWEVER, IT WAS DISCOVERED POST-JUDGMENT THAT THE COURT CLERK IN THE DISTRICT OF NEW JERSEY FAILED TO NOTIFY LE- CARREAUX OF THE MAGISTRATE'S REPORT AND RECOMMENDATION. AS A RESULT ON 3/26/92, COUNSEL FOR LECARREAUX AND THE U.S. ESTABLISHED A SCHEDULING ORDER ON CONSENT FOR FILING OB- JECTIONS IN THE DISTRICT CT. ON 6/24/92, FOLLOWING RECEIPT OF BRIEFS SUBMITTED BY THE PARTIES, JUDGE SAROKIN VACATED HIS ORIGINAL 2/18/92 ORDER DUE TO THE COURT CLERK'S ERROR AND ISSUED A NEW ORDER AND JUDGMENT. THE NEW ORDER AND JUDGMENT RE-ADOPTED THE MAGISTRATE'S REPORT AND RECOMMENDA- TION, ONCE AGAIN AWARDING THE AMOUNTS SPECIFIED. ON 3/23/92, FOLLOWING JUDGE SAROKIN'S ORIGINAL ORDER, BUT BEFORE THE 6/24/92 ORDER, LECARREAUX FILED A PETITION IN THE U.S. BANKRUPTCY COURT IN THE EASTERN DISTRICT OF NEW YORK UNDER CHAPTER 11 OF THE BANKRUPTCY CODE. AS OF 9/22/92, THE BANKRUPTCY COURT IN THE EASTERN DISTRICT OF NEW YORK HAS NOT SCHEDULED A BAR DATE FOR FILING A PROOF OF CLAIM. THE REGION BELIEVES THAT AT A MINIMUM, PROOF OF CLAIM SHOULD BE FILED FOR THE $346,646.28 IN RESPONSE COSTS. IN ADDITION, THE $1,770,000 IN PENALTIES AND $228,336.81 IN PUNITIVE DAMAGES SHOULD BE INCLUDED IN THE PROOF OF CLAIM UNLESS THERE IS AGREEMENT THAT THERE ARE STRATEGIC REASONS FOR NOT INCLUDING THEM. FACILITY: DUANE MARINE CORP DUANE MARINE SALVAGE CORP 26 WASHINGTON ST, PERTH AMBOY, NJ 08861 OWNERSHIP: PRIVATE * 07/21/97 - DATED MEMO FROM HQ CONFIRMING WRITE OFF OF DEBT. * THIS CASE CLOSED WITH THAT MEMO. * NOTE: NEW CD ENTERED IN ANOTHER CASE AND THIS CASE FILE PROOF OF CAIM NEED TO BE REVIEWED. MORE INFORMATION TO BE ADDED (ASA 5/3/01). ****

Defendants (2)

• LECARREAUX, EDWARDNamed in complaint
• LIGHTMAN DRUM CO, INCNamed in complaint

Facilities (1)

• DUANE MARINE CORPORATION

  26 WASHINGTON ST, PERTH AMBOY, NJ, 088613510

  Registry ID: 110004156519

Statutes cited

• CERCLA 107A — Cost Recovery
• CERCLA 106B — Superfund

Timeline (5 milestones)

• 1992-09-23Enforcement Action Data Entered
• 1992-09-25Referred To Dept Of Justice
• 1993-05-19Complaint Filed With Court
• 1997-07-21Concluded
• 1997-07-21Enforcement Action Closed