EPA v. CHASE INTERIORS

Case summary

REQUEST FOR FILING PROOF OF CLAIM IN CHAPTER 7 BANKRUPTCY PROCEEDING TO THE DOJ ON JANUARY 30, 1995. ON AUGUST 13, 1991, THE DEBTORS (HBSA INDUSTRIES, INC. AND CHASE INTERIORS, INC.) FILED PETITIONS UNDER CHAPTER 11 OF THE BANKRUPTCY CODE IN THE U.S. BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF NY. NYSDEC SUBMITTED A PROOF OF CLAIM ON MAY 26, 1992 FOR A GENERAL UNSECURED CLAIM OF AN UNDETERMINED AMOUNT. EPA PERFORMED PRELIMINARY ASSESSMENTS OF THE SITE ON SEPTEMBER 13-15, 1993 AND SEPTEMBER 27, 1993. ACCORDING TO THE ACTION MEMORANDUM DATED JAN. 13, 1994 AND PREPARED BY THE RESPONSE AND PREVENTION BRANCH OF EPA, A SIGNIFICANT THREAT OF RELEASE OF HAZARDOUS SUBSTANCES EXISTED AT THE SITE. RELIEF REQUESTED THE REGION RECOMMENDS THAT THE PROOF OF CLAIM, BE FILED IN THE DEBOTORS' BANKRUPTCY ESTATE OF THE COSTS INCURRED BY EPA AT THE SITE APPROXIMATELY $233,705.63. FACTS UPON WHICH THE ACTION IS BASED: HBSA INDUSTRIES, INC. IS THE CURRENT OWNER OF THE SITE AND WAS THE OWNER OF THE SITE AT THE TIME OF THE DISPOSAL OF HAZARDOUS SUBSTANCES AT THE SITE. CHASE INTERIORS, INC. WAS THE OPERATOR OF THE SITE AT THE TIME OF THE DISPOSAL OF HAZARDOUS SUBSTANCES AT THE SITE. THE SITE IS LOCATED IN THE VILLAGE OF FALCONER, CHAUTAUQUA COUNTY, NY. HAZARDOUS SUBSTANCES WERE DISPOSED OF AT THE SITE. SUCH DISPOSAL CONSTITUTED A RELEASE AND THREAT OF RELEASE OF HAZARDOUS SUBSTANCES INTO THE ENVIRONMENT. AS A RESULT, EPA HAS INCURRED AND IS CONTINUING TO INCUR RESPONSE COSTS. UNDER SECTION 107(A) OF CERCLA, HBSA INDUSTRIES, INC. AND CHASE INTERIORS, INC. ARE LIABLE FOR THOSE COSTS. HBSA INDUSTRIES INC. AND CHASE INTERIORS, INC. FILED PETITIONS UNDER CHAPTER 11 OF THE BANKRUPTCY CODE ON AUGUST 13, 1991, AND SHORTLY THEREAFTER, THE CASE WAS CONVERTED TO CHAPTER 7 OF THE BANKRUPTCY CODE. ****FACILITY INFORMATION: FACILITY NAME: CHASE INTERIORS, INC. SUPERFUND SITE STREET ADDRESS: 205-247 LISTER AVENUE CITY AND STATE: FALCONER, NY 14733 * EPID NUMBER: NYD083533125 * 05/24/00 - JUDGE APPROVED BANKRUPTCY SETTLEMENT AGREEMENT. * 08/28/00 - SETTLEMENT MONEY ($126,500) RECEIVED BY EPA, REGION II. CASE CLOSED 8/28/00

Defendants (2)

• CHASE INTERIORS, INCNamed in settlement
• HBSA INDUSTRIES, INCNamed in complaintNamed in settlement

Facilities (1)

• CHASE INTERIORS

  205-247 WEST LISTER AVENUE, FALCONER, NY, 14733

  Registry ID: 110009302593

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• HBSA INDUSTRIES INCORPORATED, ET ALentered 2000-05-24

  Primary law: CERCLA

Timeline (7 milestones)

• 1994-12-10Enforcement Action Data Entered
• 1995-01-30Referred To Dept Of Justice
• 1995-02-10Complaint Filed With Court
• 2000-04-04Final Order Lodged
• 2000-05-24Concluded
• 2000-05-24Final Order Entered
• 2000-08-28Enforcement Action Closed