EPA v. QUEBECOR WORLD FAIRFIELD, INC. (NATIONAL CASE) IN RE

Case summary

On September 30, 2010, the Bankruptcy Court in In Re: Quebecor World (USA) Inc., et al., No. 08-10152 (S.D.N.Y. Bankr.), entered an order approving a multi-regional Settlement Agreement which included a settlement of Quebecor World Fairfield Inc.’s liability in connection with the Keystone Sanitation Landfill Site in Union Township, Pennsylvania, pursuant to a Consent Decree entered in the U.S. District Court for the Middle District of Pennsylvania. Under that Consent Decree, Quebecor and other PRPs are funding/performing the groundwater remedy at the Site. The bankruptcy settlement also addressed the PRP Group’s Agreement associated with that ongoing work, for which the PRP Group filed a separate proof of claim against Quebecor. Under the bankruptcy settlement, the Keystone PRP Group will receive an allowed general unsecured claim of $60,851. With respect to the outstanding Consent Decree for the work at the Site, the settlement provides, among other things, that Quebecor shall comply with all obligations under the Consent Decree. This obligation is subject to the additional agreements that: Quebecor’s percentage of future response costs to be paid under the Keystone PRP Agreement will be reduced from 17.39% to 11%; and, in the event the United States seeks to enforce the Consent Decree in a manner that would result in Quebecor being required to pay more than 17.39% of response costs after execution of the settlement, then Quebecor may seek a determination that its obligations were discharged by confirmation of the Plan of Reorganization, and the United States reserves its arguments that such obligations were not discharged. In the event the obligations are determined to be discharged, Quebecor’s further obligations will be limited to 17.39% of future costs incurred at the Site.

Defendants (1)

• QUEBECOR WORLD FAIRFIELD, INC.Named in complaintNamed in settlement

Facilities (1)

• KEYSTONE SANITATION CO INC

  RTE 194, HANOVER, PA, 17331

  Registry ID: 110007764008

Statutes cited

• CERCLA 107A — Cost Recovery
• CERCLA 106A — Imminent & Substantial Endangerment Order

Enforcement conclusions (1)

• QUEBECOR WORLD FAIRFIELD, INC. (NATIONAL CASE) IN REentered 2010-09-30

  Primary law: CERCLA

Timeline (7 milestones)

• 2008-05-21Referred To Headquarters
• 2008-05-21Referred TO U.S. Attorney
• 2008-05-21Referred To Dept Of Justice
• 2008-06-04Enforcement Action Data Entered
• 2009-01-22Complaint Filed With Court
• 2010-07-01Final Order Lodged
• 2010-09-30Final Order Entered