EPA v. PONDEROSA FIBRES OF AMERICA INC

Case summary

THE DEFENDANT IS LIABLE FOR EPA'S RESPONSE COSTS, PURSUANT TO SECTION 107(A) OF CERCLA, BECAUSE IT WAS AN OPERATOR OF THE SITE AT THE TIME OF DISPOSAL OF HAZARDOUS SUBSTANCES. EPA SEEKS RECOVERY OF ALL RESPONSE COSTS INCURRED BY EPA WITH RESPECT TO THE SITE. Partial consent decree with third-party defendant for cost recovery. Litigation continues against remaining parties. Amended complaint entered October 23, 2000. DEFENDANT HAS PROPOSED TO LIQUIDATE SUBSTANTIALLY ALL OF ITS ASSETS UNDER AN ASSET PURCHASE AGREEMENT PROVIDING FOR PAYMENT OF JUST OVER $11 MILLION, WHILE THE COMPANY'S PRESIDENT WOULD PERSONALLY RECEIVE $4 MILLION THROUGH AN INDEPENDENT CONTRACTOR AGREEMENT WITH THE PROPOSED ASSET PURCHASER. THIS ATTEMPT TO TRANSFER ASSETS IS CONSISTENT WITH PRIOR EFFORTS BY PFA TO DEFEAT THE CLAIMS OF THE GOVERNMENT THROUGH FRAUDULENT CONVEYANCES. WE UNDERSTAND THAT THE U.S. HAS OBJECTED TO THIS ASSET SALE. Partial consent decree with Settling Defendant for cost recovery from removal action. Partial consent decree with Settling Third-Party Defendant for cost recovery from removal action. Partial consent decree for cost recovery from removal action with two Defendants. Partial consent decree for cost recovery payment of allowed general bankruptcy claim in Chapter 7 for removal action This settlement concludes this judicial case 99-CV-1305 and the bankruptcy case 01-01578. Payment of the cost recovery will be made based on distribution order by the bankruptcy court at some future date. Note that recovery of any amount is unlikely.

Defendants (10)

• BERNSTEIN, MARTIN B.Named in settlement
• BERNSTEIN, NATHANNamed in settlement
• FEIL, JEFFREYNamed in settlement
• FEIL, LOUIS ESTATE OFNamed in settlement
• FJALLSTROM, ROLAND O.A.Named in settlement
• GOODMAN, JEROMENamed in settlement
• PITMAN, ROBERT L.Named in settlement
• PONDEROSA FIBRES OF AMERICA INCNamed in complaintNamed in settlement
• Sonoco Products Corp.Named in settlement
• The Bank of New YorkNamed 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 107A — Cost Recovery

Enforcement conclusions (6)

• Sonoco Products Corp.entered 2003-08-07

  Primary law: CERCLA

• The Bank of New Yorkentered 2002-04-04

  Primary law: CERCLA

• Jermone Goodmanentered 2003-08-07

  Primary law: CERCLA

• Martin Berstein et alentered 2004-04-05

  Primary law: CERCLA

• Jeffrey Feil and the Estate of Louis Feilentered 2003-08-07

  Primary law: CERCLA

• PONDEROSA FIBRES OF AMERICA INCentered 2004-07-29

  Primary law: CERCLA

Timeline (7 milestones)

• 1998-09-24Enforcement Action Data Entered
• 1998-09-29Referred To Dept Of Justice
• 1999-08-18Complaint Filed With Court
• 2000-10-23Amended Complaint
• 2003-12-16Final Order Lodged
• 2004-07-29Concluded
• 2004-07-29Final Order Entered