EPA v. IN RE OTIS LAMB T/A CULPEPER RECYCLING CO

Case summary

ON AUGUST 24, 1993, OTIS LAMB T/A CULPEPER RECYCLING COMPANY FILED FOR A VOLUNTRAY PETITION FOR RELIEF UNDER CHAPTER 13 OF THE BANKRUPTCY CODE. BY ORDER OF THE UNITED STATES BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF VIRGINIA DATED AUGUST 25, 1991, THE COURT SET A BAR DATE OF DECEMBER 22, 1993 FOR FILING PROOFS OF CLAIM. THE EPA INCURRED PRE-PETITION CERCLA RESPONSE COSTS FOR RESPONSE ACTIVITIES CONDUCTED, AND TO BE CONDUCTED AT THE C&R BATTERY CO INC SITE ( C&R ) IN CHESTERFIELD COUNTY, VIRGINIA IN THE AMOUNT OF APPROXIMATELY $2,370,298.37 (THROUGH JULY 6, 1993). THE RESPONSE COSTS RELATING TO ACTIVITIES CONDUCTED, AND TO BE CONDUCTED AT C&R INCLUDE ACTIVITIES UNDERTAKEN PURSUANT TO A 1986 REMOVAL ACTION, THE REMEDIAL INVESTIGATION AND FEASIBILITY SUTDY ( RI/FS ) REPORT ISSUED MARCH 30, 1990; THE CERCLA SECTION 106 UNILATERAL ADMINISTRATIVE ORDER AND REMEDIAL ACTION ( UAO ) ISSUED MARCH 27, 1992; AND OVERSIGHT OF THE CONDUCT OF THE REMEDIAL ACTION. THE AMENDED CIVIL LITIGATION REPORT BEING SENT TO DOJ FOR THE C&R BATTERY CO., INC. SITE IS REQUIRED BECAUSE 1) EPA NEEDS TO FORMALLY REFER THE DE MINIMIS PORTION OF THE CASE TO DOJ WHICH WE DIDN'T DO IN THE 9/30/93 REFERRAL; 2) ADDITIONAL INFORMATION ON SOME OF THOSE DE MINIMIS PARTIES NEEDS TO BE PROVIDED TO DOJ; AND 2) EPA NEEDS THE APPROVAL OF DOJ ON THIS ADMINISTRATIVE DE MINIMIS SETTLEMENT PURSUANT TO SECTION 122(G)(4) OF CERCLA (COSTS AT THE FACILITY EXCEED $500,000). EPA RE-INITIATED DE MINIMIS NEGOTIATIONS IN FEBRUARY 1994. THE PROPOSED SETTLEMENT IS WITH 66 PARTIES, WHO WILL BE PAYING THEIR SHARE ASSET FORTH IN THE VOLUMETRIC RANKING SUMMARY PREPARED FOR THE SITE. EPA EXPECTS TO RECOVERY OVER $595,000 PURUSUANT TO THIS SETTLEMENT. AN ADDITIONAL $89,000 (APPROX.) WILL ALSO BE PAID TO DEPARMENT OF INTERIN AND THE NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION BY 63 OF THE 66 PARTIES IN EXCHANGE FOR A COVENANT NOT TO SUE

Defendants (60)

• ALL-SCRAP SALVAGE, INC.Named in complaintNamed in settlement
• ANNACO, INC.Named in complaintNamed in settlement
• ARCON EQUIPMENT, INC.Named in complaintNamed in settlement
• AT&T CORP. .Named in complaintNamed in settlement
• BAKER IRON &METAL CO., INC.Named in complaintNamed in settlement
• CUMBELAND BATTERY INC.Named in complaintNamed in settlement
• D.C. SYSTEMS, INC.Named in complaintNamed in settlement
• DOODY'S USED AUTO PARTS, INCORPORATEDNamed in complaintNamed in settlement
• EXIDE CORPORATIONNamed in complaintNamed in settlement
• EXXON CORPORATIONNamed in complaintNamed in settlement
• GOULD, INC.Named in complaintNamed in settlement
• CITY OF RICHMOND, VIRGINIANamed in complaintNamed in settlement
• COHEN & GREEN SALVAGE CO., INC.Named in complaintNamed in settlement
• COINERS SCRAP IRON AND METAL, INC.Named in complaintNamed in settlement
• COLUMBIA STEEL & METAL CO., INC.Named in complaintNamed in settlement
• COOK'S SCRAP METAL INC.Named in complaintNamed in settlement
• BARLOW, F. WAYNENamed in complaintNamed in settlement
• BELL ATLANTIC - MARYLAND, INC. (F/K/ANamed in complaintNamed in settlement
• BERRY ENTERPRISES, INC. (F/K/A BERRY)Named in complaintNamed in settlement
• BOYDTON FARM SUPPLY CO.Named in complaintNamed in settlement
• BRENNER COMPANIE, INC. (F/K/A BRENNERNamed in complaintNamed in settlement
• BRIDGETONE/FIRESTONE, INC.Named in complaintNamed in settlement
• BRITTENHAM'S REBUILDING SERVICE, INC.Named in complaintNamed in settlement
• BRUCE'S IRON & METAL, INC.Named in complaintNamed in settlement
• CHARLES BLUESTONE COMPANYNamed in complaintNamed in settlement
• …and 35 more

Facilities (1)

• C & R BATTERY INC SUPERFUND SITE

  1320 BELLWOOD ROAD, RICHMOND, VA, 23234

  Registry ID: 110008183198

Statutes cited

• CERCLA 122G — Administrative De Minimis Settlement
• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• LAMB, IN RE OTIS T.entered 1994-10-17

  Primary law: CERCLA

Timeline (7 milestones)

• 1993-04-22Enforcement Action Data Entered
• 1993-12-16Referred To Dept Of Justice
• 1993-12-22Complaint Filed With Court
• 1994-10-17Final Order Lodged
• 1994-10-17Final Order Entered
• 1994-10-17Concluded
• 1996-08-06Enforcement Action Closed