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02-2001-0010JudicialClosedFY 2001· Region 02

EPA v. NAPORANO IRON AND METAL CO INC

Final Order With Specified Cost Recovery

Case summary

This is a bankruptcy settlement which settles proofs of claim filed by the U.S. in the Chapter 11 bankruptcy of Metal Management, Inc., Metal Management Connecticut, Inc., Metal Management Northeast, Inc. and Metal Management Pittsburgh, Inc. and settles cost recovery liability for these comapnies due to actions of predecessor companies at the Consolidated Iron and Metal Co, Inc. Superfund Site and the Jack's Creek Superfund Site in Pennsylvania. The predecessor companies, Naporano Iron & Metal Co., Inc., and Michael Schiavone & Sons, Company both arranged for the disposal of scrap materials containing hazardous substances at the Consolidated Iron & Metal Co. Inc. Superfund Site. Under the terms of the settlement, the Debtors will consent to an Allowed General Imaired Unsecured Claim in the amount of $397,000, which will be disbursed to Region 2 in the form of shares of stock in the reorganized company. In exchange, the U.S. has agreed not to sue or take administrative action against the Debtors under Secions 106 and 107 of CERCLA. The debtors will also receive contrabution protection with respect to the Jacks Creek and Consolidated Iron and Metal Co. Superfund Sites.

Defendants (6)

  • METAL MANAGEMENT CONNECTICUT INC (NKA)Named in complaintNamed in settlement
  • METAL MANAGEMENT NORTHEAST, INC (NKA)Named in complaintNamed in settlement
  • MICHAEL SCHIAVONE AND SONS (FKA)
  • NAPORANO IRON AND METAL CO INC (FKA)
  • Metal Management IncNamed in settlement
  • Metal Management Pittsburgh IncNamed in settlement

Facilities (1)

  • CONSOLIDATED IRON & METAL

    FT OF WASHINGTON ST, NEWBURGH, NY, 12550

    Registry ID: 110009260726

Statutes cited

  • CERCLA 107ACost Recovery

Enforcement conclusions (1)

  • Metal Management, Inc et alentered 2002-09-17

    Primary law: CERCLA

Timeline (7 milestones)

  • 2001-05-11Enforcement Action Data Entered
  • 2001-05-11Referred To Dept Of Justice
  • 2001-05-16Complaint Filed With Court
  • 2002-07-11Final Order Lodged
  • 2002-09-17Concluded
  • 2002-09-17Final Order Entered
  • 2003-02-25Enforcement Action Closed

Case metadata

EPA activity ID
8161
Case number
02-2001-0010
DOJ docket
90-5-3-1-07207
Lead agency
EPA
HQ division
CER
Branch
NYSUP
EPA region
02
Multimedia
No
Voluntary self-disclosure
No
Primary statute
Cost Recovery

Sourced verbatim from EPA ECHO Enforcement Case Report for case 02-2001-0010 . Bulk data: ICIS-FEC download summary.

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.