EPA v. ELECTRUK BATTERY ENTERPRISES LTD

Case summary

ELECTRUK WAS A MANUFACTURER OF LEAD ACID BATTTERIES AT THE SITE. IN OCTOBER 1996 THE COMPANY CEASED OPERATIONS AND ENTERED INTO CHAPTER 7 BANKRUPTCY. IN RESPONSE TO A REQUEST FROM NYSDEC, EPA CONDUCTED A REMOVAL ASSESSMENT ON 8/19/98. THE DECISION TO PERFORM A REMOVAL ACTION WAS MADE AND MEMOR- ALIZED IN AN ACTION MEMO. A CLAIM WAS FILED IN BANKRUPTCY TO RECOVER PAST AND FUTURE RESPONSE COSTS TOTALING $740,000. * CASE CONCLUSION SUMMARY: * THIS IS A NEGOTIATED BANKRUPTCY SETTLEMENT IN THE CHAPTER 7 (OF TITLE 11 OF USC) LIQUIDATION CASE OF ELECTRUK BATTERY ENTERPRISES, LTD. THE FUNDS TO BE PAID PURSUANT TO THIS SETTLEMENT WILL COME FROM THE SALE OF ELECTRUK BATTERY'S PERSONAL ASSETS. EPA PERFORMED A REMOVAL ACTION AT THE ELECTRUK BATTERY FACILITY IN 1998-99 THROUGH WHICH APPROX- IMATELY $722, 580 WERE INCURRED. IT IS ANTICIPATED THAT ADDITIONAL COST RECOVERY AT THIS SITE WILL BE FORTHCOMING IN THE NEAR FUTURE THROUGH A PROSPECTIVE PURCHASER AGREEMENT ( PPA ) TO BE NEGOTIATED WITH KEY BANK AND NIAGARA COUNTY IDA, THE SITE PROPERTY'S CO-MORTGAGEES, WHEREBY THE PROPERTY WILL BE SOLD TO A THIRD PARTY AND EPA WILL RECEIVE CONSID- ERATION FOR A COVENANT NOT TO SUE. * * 05/25/99 - BANKRUPCTY REFERRAL TO DOJ (ORAL). 05/26/99 - PROOF OF CLAIM FILED (WDNY). A COPY WAS PROVIDED FOR THE DOCKET FILE. *09/17/99 - LETTER TO FILE MEMORALIZING ORAL REFERRAL * 04/27/2001 - SETTLEMENT ENTERED. (SEE CASE COMMENTS) SEE CD# )2-2001-C033 * Received copy of bankruptcy estate's check for $18,805.01 representing the divident to the EPA. Letter to file dated May 1, 2002. case closed.

Defendants (1)

• ELECTRUK BATTERY ENTERPRISES LTDNamed in complaintNamed in settlement

Facilities (1)

• ELECTRUK BATTERY

  4922 IDA PARK DRIVE, LOCKPORT, NY, 14094

  Registry ID: 110009323204

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• ELECTRUK BATTERY ENTERPRISES, LTDentered 2001-04-27

  Primary law: CERCLA

Timeline (8 milestones)

• 1999-05-25Referred To Dept Of Justice
• 1999-05-25Referred TO U.S. Attorney
• 1999-05-26Complaint Filed With Court
• 1999-06-14Enforcement Action Data Entered
• 2001-04-27Concluded
• 2001-04-27Final Order Lodged
• 2001-04-27Final Order Entered
• 2002-05-01Enforcement Action Closed