EPA v. BERGER INDUSTRIES, INC.

Case summary

*******FACILITY********* U.S. HIGHWAY ONE SOUTH, EDISON INDUSTRIAL CENTER METUCHEN, N.J. 08840 ************************ OWNERSHIP: PRIVATE MANUFACTORY- STEEL PIPES SINGLE MEDIUM INSPECTION CASE TEMPORARILY USING TS(TREATMENT/STORAGE) IN PROGRAM-SPECIFIC INFORMATION IN PLACE OF OTHER . * This case started as a TSCA PCB violation enforcement case, filed on December 31, 1992, Docket No. II-TSCA-PCB-93-0119. The al penalty demand in the Complaint was $98,000. Defendant Berger Industries was subject to an involuntary Bankruptcy petition under Chapter 7 in the Eastern District of New York filed on November 16, 1993, which was converted to a Chapter 11 proceeding by the Bankruptcy Court on November 18, 1993. Pursuant to a Judicial Referral from Region 2, DOJ filed a Proof of Claim with the Bankruptcy Court on or about April 15, 1994, which Claim sought recovery of civil penalties sought in the original Complaint with the status of general unsecured, pre-petition claims. Subsequently, on December 21, 1994, EPA and Berger Industries, Inc. entered into a Consent Agreement whereby Berger agreed to a civil penalty of $7500. The Bankruptcy Court accepted the Consent Agreement on January 20, 1995, and EPA thereby obtained status for a Class 3 pre-petition unsecured claim in the amount of $7500.00. A Chapter 11 Liquidation Plan was confirmed by the Bankruptcy Court February 4, 1999. Under the Plan, approved unsecured claimants were to be paid pro-rata from the liquidated estate of the Bankrupt (there were an approximately 1200 claimants with an estimated $12,000,000 in claims). On November 9, 1999, EPA received an initial payment from the Bankrupt estate of $118.67, and on June 17, 2001, EPA received a final payment of $81.07. The distribution notice stated that the Debtor Berger had completed all reasonable asset recoveries and resolved all claims by and against the Estate. A final Decree closing the Bankruptcy case was entered by the Court on February 5, 2004.

Defendants (1)

• BERGER INDUSTRIES, INC.Named in complaintNamed in settlement

Facilities (1)

• BERGER INDUSTRIES INC

  RT 1 S & PRINCE ST, EDISON, NJ, 08817

  Registry ID: 110007141191

Statutes cited

• TSCA 6-PCBS — PCBS

Enforcement conclusions (1)

• BERGER INDUSTRIES, INC.entered 1995-01-20

  Primary law: TSCA

  Federal penalty: $7,500

Timeline (6 milestones)

• 1992-10-01Enforcement Action Data Entered
• 1994-04-08Referred To Dept Of Justice
• 1994-04-19Complaint Filed With Court
• 1994-12-21Final Order Lodged
• 1995-01-20Final Order Entered
• 2004-02-05Enforcement Action Closed