EPA v. BETHLEHEM STEEL CORP, IN RE (NATIONAL CASE)

Case summary

THE REFERRAL IDENTIFIES FOR THE OFFICE OF ENFORCEMENT AND COMPLIANCE ASSISTANCE AN DOJ THREE CATEGORIES OF EPA, REGION III MATTERS IN WHICH BSC HAS LEGALLY ENFORCEABLE OBLIGATIONS OR IS OTHERWISE INVOLVED. THE FIRST CATEGORY OF MATTERS ARE THOSE MATTERS FOR WHICH EPA, REGION III HAS A CLAIM , AS THAT TERM IS DEFINED IN 11 U.S.C. SECTION 101(5). THESE MATTERS INVOLVE CLAIMS THAT MUST BE INCLUDED IN THE PROOF OF CLAIM THAT DOJ WILL FILE ON BEHALF OF EPA PRIOR TO THE ANTICIPATED BAR DATE OF APRIL 15, 2002, WHICH IS EXPECTED TO BE ESTABLISHED BY THE RELEVANT FEDERAL BANKRUPTCY COURT. THIS REFERRAL ALSO IDENTIFIES A SECOND CATEGORY OF MATTERS OF WHICH BSC HAS LEGALS ENFORCEABLE OBLIGATIONS TO EPA, BUT WHICH DO NOT RISE TO A CLAIM BECAUSE EPA DOES NOT HAVE A RIGHT TO EITHER: A) A PAYMENT OR B) AN EQUITABLE REMEDY FOR BREACH OF PERFORMANCE WHICH GIVES RISE TO A RIGHT TO PAYMENT. FINALLY, THIS REFERRAL IDENTIFIES A THIRD CATEGORY OF MATTERS FOR WHICH BSC DOES NOT HAVE ANY LEGALLY ENFORCEABLE OBLIGATIONS TO EPA BUT FOR WHICH BSC HAS MADE NON-ENFORCEABLE COMMITMENTS TO EPA, REGION III. THE FOLLOWING THREE MATTERS INVOLVE CLAIMS, AS DEFINED IN 11 U.S.C. SECTION 101(5), AGAINST BSC WERE IDENTIFIED AND ARE ADDRESSED IN SEPARATE EXHIBITS ATTACHED TO THE REFERRAL A. A COST RECOVERY CLAIM, PURSUANT TO SECTION 107(A) OF THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT OF 1990, AS AMENDED, (CERCLA), 42 U.S.C. SECTION 9607(A), AGAINST BSC ARISING OUT OF THE BRESLUBE-PENN SUPERFUND SITE IN CORAOPOLIS, MOON TOWNSHIP ALLEGHENY COUNTY, PENNSYLVANIA. THIS CLAIMS HAS NOT YET BEEN REDUCED TO A JUDGMENT AGAINST BSC AND IS IDENIFIED AT THIS TIME AS HAVING A VALUE OF AT LEAST 3,173,742.77, PLUS INTEREST (SEE EXHIBIT A, ATTACHED HERETO); B. A COST RECOVERY CLAIM, PURSUANT TO SECTION 107(A) OF CERCLA, 42 U.S.C. SECTION 9607(A), AGAINST BSC ARISING OUT OF THE SPECTRON SUPERFUND SITE IN ELKTON, MARYLAND. THIS CLAIM HAS NOT YET BEEN REDUCED TO A JUDGMENT AGAINST BSC AND IS IDENTIFIED AT THIS TIME AS HAVING A VALUE OF AT LEAST $10,913.35, PLUS INTEREST (SEE EXHIBIT B, ATTACHED HERETO);A AND, C. A CIVIL PENALTY CLAIM, PURUSANT TO SECTIONS 3008(A)(1) AN AND (G) OF THE RESOURCE CONSERVATION ANE RECOVERY ACT ( RCRA ), 42 U.S.C. SECTION 6928(A)(1) AND (G), AGAINST BSC ARISING OUT OF PAST VIOLATIONS OF RCRA SECTIONS 3004 AND 3005(A), 42 U.S.C. SECTION 6924 AND 6925(A), AT THE BETHLEHEM LUKENS PLATE DIVISION LOCATED IN COATESVILLE, CHESTER COUNTY, PENNSYLVANIA ( LUKENS FACILITY ). THIS CLAIMS HAS NOT YET BEEN REDUCED TO A JUDGMENT AGAINST BSC AND IS IDENTIFIED AT THIS TIME AS HAVING A VALUE REFLECTING AN EPA PROPOSED ASSESSMENT OF $55,512.00 IN CIVIL PENALTIES. THE BASES FOR THE PENALTY ASSESSMENTS FOR EACH COUNT ARE DESCRIBED IN THE BODY OF THE COMPLAINT. IN ADDITION TO THE ABOVE CLAIMS AGAINST BSC, THE FOLLOWING MATTERS WERE ALSO IDENTIFIED AND ARE ADDRESSED IN SEPARATE EXHIBITS ATTACHED HERETO. THESE MATTERS ARE MATTERS FOR WHICH BSC HAS A LEGAL OBLIGATION TO EPA TO PERFORM WORK. HOWEVER, THE FOLLOWING MATTERS ARE NOT APPROPRIATE FOR A PROOF OF CLAIM BECAUSE THERE IS NEITHER: A) A PAYMENT NOR B) AN EQUITABLE REMEDY FOR BREACH OF PERFORMANCE WHICH GIVES RISE TO A RIGHT TO PAYMENT. FOR EACH OF THE FOLLOWING MATTERS, EPA, REGION III, REQUEST THAT DOJ SEEK COMPLIANCE WITH THE TERMS OF THE FOLLOWING: D. A CONSENT DECREE REQUIRING COMPLETION OF CERTAIN RCRA REMEDIAL CORRECTIVE ACTION WORK AND ACHIEVEMENT OF CERTAIN CLEAN AIR ACT COMPLIANCE STANDARDS A BSC'S SPARROWPOINT PLANT, LOCATED IN BALTIMORE, MARYLAND ( SPARROWS POINT FACILITY ). THIS CONSENT DECREE ENTERED INTO BY BSC, THE DEPARTMENT OF JUSTICE, ON BEHALF OF THE EPA, REGION III AND THE MARYLAND DEPARTMENT OF THE ENVIRONMENT ( MDE ) DURING OCTOBER 1997. THIS CONSENT DECREE WAS ENTERED INTO A SETTLEMENT OF COMPLAINTS FILED BY BOTH MDE AND THE UNITED STATES, CONCURRENTLY WITH THE ENTRY OF THE CONSENT DECREE AND SETS FORTH THE

Defendants (1)

• Bethlehem Steel CorpNamed in complaintNamed in settlement

Facilities (6)

• BETHLEHEM STEEL CORP

  5111 N POINT BLVD, SPARROWS POINT, MD, 21219

  Registry ID: 110000339697

• BETHLEHEM STEEL CORPORATION STEELTON PLANT

  215 S. FRONT ST., STEELTON, PA, 17113

  Registry ID: 110000332916

• BETHLEHEM STEEL CORP

  5111 N POINT BLVD, SPARROWS POINT, MD, 21219

  Registry ID: 110000339697

• BETHLEHEM LUKENS PLATE DIV

  139 MODENA RD, COATESVILLE, PA, 19320

  Registry ID: 110059230112

• SPECTRON INCORPORATED

  111 PROVIDENCE ROAD, ELKTON, MD, 21921

  Registry ID: 110001767268

• BRESLUBE - PENN INC

  84 MONTOUR RD, CORAOPOLIS, PA, 15108

  Registry ID: 110004846999

Statutes cited

• RCRA 3008A — Compliance Order: Injunctive & Penalty
• RCRA 3008H — Interim Status Corrective Action Order
• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• BETHLEHEM STEEL CORP, IN RE (NATIONAL CASE)entered 2003-10-21

  Primary law: CERCLA

  Federal penalty: $30,000

Timeline (5 milestones)

• 2002-03-22Referred To Dept Of Justice
• 2002-03-25Enforcement Action Data Entered
• 2002-09-30Complaint Filed With Court
• 2003-09-17Final Order Lodged
• 2003-10-21Final Order Entered