EPA v. VALLEY STEEL INDUSTRIES

Case summary

THIS IS A TELEPHONIC REFERRAL TO DOJ FOR FILING A PROOF OF CLAIM, PURSUANT TO CERCLA, IN THE CHAPTER 11 BANKRUPCTY PROCEEDINGS OF VALLEY STEEL PRODUCTS CO, INC. WITH RESPECT TO THE SINCLAIR REFINERY SUPERFUND SITE, LOCATED IN WELLSVILLE, NEW YORK. THE PROOF OF CLAIM WAS FILED IN THE UNITED STATES BANKRUPCTY COURT FOR THE EASTERN DISTRICT OF MISSOURI ON 8/24/92. EPA'S PROOF OF CLAIM WAS BASED ON THE FACT THAT VALLEY STEEL IS POTENTIALLY LIABLE UNDER SECTION 107(A)(1) OF CERCLA AS A CURRENT OWNER OF A PORTION OF THE SITE. VALLEY STEEL FILED ITS VOLUNTARY PETITION UNDER CHAPTER 11 OF THE BANKRUPCTY CODE ON 2/4/92. VALLEY INDUSTRIES, VALLEY STEEL'S PARENT COMPANY ALSO HAS FILED FOR CHAPTER 11 PROTECTION. IN JULY, EPA LEARNED THAT A BAR DATE OF JULY 15 HAD BEEN SET AND DOJ FILED A MOTION TO EXTEND THE BAR DATE UNTIL AUGUST 24. THE MOTION WAS GRANTED. ON 3/23/92, EPA SENT SPECIAL NOTICE LETTERS TO ARCO, MAPES, AND THE BUTLER-LARKIN DIVISION OF VALLEY INDUSTRIES, INVITING THE RECIPIENTS TO EITHER PERFORM OR FUND THE REMEDIAL ACTIVITIES (INCLUDING A GROUNDWATER REMEDY) SELECTED FOR THE SITE IN EPA'S SEPTEMBER 30, 1991 RECORD OF DECISION. MAPES AND VALLEY STEEL IN RESPONSE TO EPA'S NOTICE LETTER INDICATED THE COMPANIES WOULD NOT BE ABLE TO PARTICIPATE IN SETTLEMENT NEGOTIATIONS WITH REGARD TO THE SITE. EPA PROJECTS THE GROUNDWATER REMEDY TO COST $13.162 MIL- LION, WITH ADDITIONAL OVERSIGHT COSTS OF $350,000 FOR A TOTAL CLAIM OF $13,512,000. VALLEY STEEL'S BANKRUPTCY PETITION INDICATES THAT THE COMPANY HAS ASSETS TOTALING $16,646,000, AND LIABILITIES OF $21,259,000. THERE APPEARED TO BE SUFFICIENT ASSETS IN THE BANKRUPTCY ESTATE TO SATISFY AT LEAST A SIGNIFICANT PORTION OF EPA'S CERCLA CLAIM WITH RESPECT TO THE SITE. * FACILITY: SINCLAIR REFINERY SUPERFUND SITE S BROOKLYN AVE WELLSVILLE, NY 14895 * OWNERSHIP: PRIVATE & STATE

Defendants (1)

• VALLEY STEEL PRODUCTS CO., INC., ET AL.Named in complaintNamed in settlement

Facilities (1)

• SINCLAIR REFINERY SITE

  S BROOKLYN AVE, WELLSVILLE, NY, 14895

  Registry ID: 110008013522

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• VALLEY STEEL PRODUCTS CO., INCentered 1995-01-12

  Primary law: CERCLA

Timeline (7 milestones)

• 1992-08-01Enforcement Action Data Entered
• 1992-08-13Referred To Dept Of Justice
• 1992-08-24Complaint Filed With Court
• 1995-01-12Final Order Lodged
• 1995-01-12Final Order Entered
• 1995-01-12Concluded
• 1999-12-31Enforcement Action Closed