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02-2004-0009JudicialClosedFY 2004· Region 02

EPA v. Bush Industires, Inc.

Final Order With Specified Cost Recovery

Case summary

On March 31, 2004, Bush Industries, Inc. filed a voluntary petition under Chapter 11 of the Bankruptcy Code in the United States Bankruptcy Court for the Western District of New York. EPA is requesting that the Department of Justice file a claim in this case with respect to certain costs EPA has paid for response actions at the Little Valley Superfund Site in Little Valley, New York, pursuant to CERCLA. This claim is based on the fact that Bush is potentially liable under Section 107(a)(1) of CERCLA as the owner and operator of a facility from which there is a release or a threat of release of a hazardous substance.

Defendants (1)

  • Bush Industries, Inc.Named in complaintNamed in settlement

Facilities (1)

  • LITTLE VALLEY

    INTERSECT OF RTES 242, 353, AND BAKER RD, LITTLE VALLEY, NY, 14755

    Registry ID: 110009324258

Statutes cited

  • CERCLA 107ACost Recovery

Enforcement conclusions (1)

  • Bush Industires, Inc.entered 2008-03-10

    Primary law: CERCLA

Timeline (7 milestones)

  • 2004-09-16Referred To Dept Of Justice
  • 2004-09-17Enforcement Action Data Entered
  • 2004-09-24Complaint Filed With Court
  • 2008-03-10Concluded
  • 2008-03-10Final Order Entered
  • 2008-03-10Final Order Lodged
  • 2008-04-23Enforcement Action Closed

Case metadata

EPA activity ID
127641
Case number
02-2004-0009
Lead agency
EPA
Branch
NYSUP
EPA region
02
Voluntary self-disclosure
No
Primary statute
Cost Recovery

Sourced verbatim from EPA ECHO Enforcement Case Report for case 02-2004-0009 . 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.