EPA v. Saltire Industrial, Inc. (National Case)

Case summary

Region 2, through OSRE, requested that the Department of Justice file a Proof of Claim in the bankruptcy proceeding captioned In re Saltire, Inc., Case No. 04-15389 (Ch.11 (SDNY.) Saltire, Inc., formerly known as Scovill, Inc. is a signatory to a Consent Decree for RD/RA at the Caldwell Trucking Site, Scovill has the largest share of the nine parties ( PRPs ) who are performing the remedy at the Site. The PRPs have paid all EPA's recoverable past costs and are just beginning the ground water remedy for the Site. They estimate the cost of the pump and treat remedy selected in the ROD for the Site to be about $40 million. The PRPS have proposed an alternate remedy which they estimate will cost approximately $23 million. EPA has rejected that alternate and the PRPs have filed for formal dispute resolution. That process is currently stayed while discussions of a compromise take place. EPA decided to file a Proof of Claim for the future costs of the groundwater remedy to protect itself in the event of a future default by the PRPs. The PRPS have also filed a Proof of Claim. EPA's Proof of Claim was coordinated by EPA Headquarters because it included claims by a number of regions. A US Attorney in the Southern District of New York is handling this with DOJ attorneys in Washington.

Defendants (1)

• Saltire Industrial, Inc.Named in complaintNamed in settlement

Facilities (1)

• CALDWELL TRUCKING CO INC

  222 PASSAIC AVE, FAIRFIELD, NJ, 07004

  Registry ID: 110006438738

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• Saltire Industrial, Inc. (National Case)entered 2006-03-22

  Primary law: CERCLA

Timeline (6 milestones)

• 2004-12-16Referred To Dept Of Justice
• 2005-02-14Complaint Filed With Court
• 2005-10-14Enforcement Action Data Entered
• 2006-03-22Enforcement Action Closed
• 2006-03-22Final Order Entered
• 2006-03-22Final Order Lodged