EPA v. NVF YORKLYN SITE, In Re

Case summary

EPA incurred CERCLA response costs at both sites. NVF owns both sites and filed for bankruptcy. DOJ filed a proof of claim on EPA’s behalf seeking reimbursement of CERCLA response costs for both sites. The debtor and US negotiated a settlement under which an unsecured, non-priority claim for both sites combined. This agreement took the form of a stipulation which was signed by the Bankruptcy Court on April 15, 2011. The settlement did not guarantee payment of this amount; rather it guaranteed payment of a percentage of this amount corresponding to the percentage assigned to general unsecured creditors.

Defendants (1)

• NVF COMPANYNamed in complaintNamed in settlement

Facilities (2)

• NVF COMPANY YORKLYN COMPLEX

  1166 YORKLYN RD., YORKLYN, DE, 19736

  Registry ID: 110000338723

• NVF COMPANY

  400 WEST MULBERRY STREET, KENNETT SQUARE, PA, 19348

  Registry ID: 110000337252

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• NVF YORKLYN SITE, In Reentered 2011-04-15

  Primary law: CERCLA

Timeline (8 milestones)

• 2006-02-22Referred To Dept Of Justice
• 2006-02-22Referred To Headquarters
• 2006-05-08Enforcement Action Data Entered
• 2006-05-15Supplemental Referral-Adding parties, counts
• 2006-06-01Complaint Filed With Court
• 2011-04-15Concluded
• 2011-04-15Final Order Entered
• 2011-04-15Final Order Lodged