EPA v. PSC Metals, Inc.

Case summary

This is a referral being sent to the Department of Justice for filing of a proof of claim in the Philip Services Corporation bankruptcy. One of Philip's wholly owned subsidiaries, PSC Metals, Inc., is a successor in interest to Luria Brothers, Company, which we believe has liability as an arranger and transporter at the Consolidated Iron and Metal Co. Inc. Site. Luria Brothers Company was a scrap metal broker and hauler which sent scrap products from IBM facilities to the Consolidated Iron and Metal Co., Inc. Superfund Site. EPA is seeking recovery of costs which it has incurred and will incur at the Consolidated Iron and Metal Co., Inc.Site. Total Site costs are estimated to be between $11.5 million and $18.5 million. This is the settlement of a bankruptcy referral sent to the Department of Justice for filing a proof of claim in the Philip Services corporation bankruptcy. One of Philip's wholly owned subsidiaries, PSC Metals, Inc., is a successor in interest to Luria Brothers, which sent scrap products from IBM facilities to the Consolidated Iron and Metal Co.,Inc. Superfund Site ( Con Iron Site ). EPA has incurred approximately $5 million in past costs and expects to incur at least an additional $13 million in future costs at the Site. The bankruptcy docket number of the case is Case No.m 03-37718-H2-11, in the U.S. Bankruptcy Court for the Southern District of Texas, Huston Division. Region 2's referral was joined with other Site referrals from Regions 3,6 and 9, and this settlement became a multi regional settlement. In the settlement, EPA is given an allowed claim of $2,851,930.00 for the Con Iron Site, of which we anticipate recovering 4 or 5 percent.

Defendants (1)

• PSC Metals, Inc.Named in complaintNamed in settlement

Facilities (1)

• CONSOLIDATED IRON AND METAL

  1 WASHINGTON ST, NEWBURGH, NY, 12550

  Registry ID: 110009260726

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• PSC Metals, Inc.entered 2004-08-15

  Primary law: CERCLA

Timeline (7 milestones)

• 2003-11-14Referred To Dept Of Justice
• 2003-11-18Enforcement Action Data Entered
• 2003-12-01Complaint Filed With Court
• 2004-06-09Final Order Lodged
• 2004-08-15Final Order Entered
• 2004-08-15Concluded
• 2006-04-02Enforcement Action Closed