EPA v. PONDEROSA FIBRES OF AMERICA

Case summary

THE DEFENDANT FAILED TO PROVIDE A TIMELY RESPONSE TO EPA'S REQUEST FOR INFORMATION PURSUANT TO SECTION 104(E) OF CERCLA. EPA'S NOTICE OF POTENTIAL LIABILITY AND REQUEST FOR INFORMATION ON MAY 14, 1996 ALSO INCLUDED A REQUEST FOR A WRITTEN RESPONSE WITHIN 14 DAYS, REGARDING THEIR WILLINGINESS TO PERFORM OR FUND THE REMOVAL ACTION AT THE SITE. ON SEPT. 18, 1996 DEFENDANT PROVIDED ITS WRITTEN RESPONSE. EPA CONSIDERS THIS RESPONSE TO BE INCOMPLETE, INADEQUATE AND EVASIVE. Consent Decree which resolves the amount of the penalty owed. The penalty is being paid as a general unsecured allowed claim in the company's bankruptcy, which is being converted to Ch.7. It is anticipated there will be little if any recovery from this settlement.

Defendants (1)

• PONDEROSA FIBRES OF AMERICA INCNamed in complaintNamed in settlement

Facilities (1)

• ST. LAWRENCE PULP AND PAPER SUPERFUND SITE

  2 MADISON AVE, OGDENSBURG, NY, 13669

  Registry ID: 110001584517

Statutes cited

• CERCLA 109A5 — Violation of 109(a)(5) Subpoena
• CERCLA 104E2 — Information and/or Access

Enforcement conclusions (1)

• PONDEROSA FIBRES OF AMERICAentered 2003-09-11

  Primary law: CERCLA

  Federal penalty: $250,000

Timeline (6 milestones)

• 1996-09-23Enforcement Action Data Entered
• 1996-09-30Referred To Dept Of Justice
• 1997-06-27Complaint Filed With Court
• 2003-08-01Final Order Lodged
• 2003-09-11Concluded
• 2003-09-11Final Order Entered