EPA v. LYONDELL CHEMICAL - MILLENNIUM HOLDINGS, LLC, ET. AL., IN RE (NATIONAL CASE)

Case summary

This requests DOJ to file a proof of claim in connection with a Chapter 11 bankruptcy for claims arising under Section107(a) of the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, (“CERCLA”), 42 U.S.C. § 9607(a), for responses costs incurred or to be incurred by the United States in connection with the Barefoot Disposal Site, located in Hollidaysburg, Blair County, Pennsylvania, and the 68th Street Site, located in Baltimore/Rosedale Area of Baltimore County, Maryland. In addition, in connection with the Berks Landfill Site, the Region is requesting that DOJ file a proof of claim against Millennium Holdings LLC in order to reserve EPAs right to enforce an existing Unilateral Administrative Order against Millennium Holdings, and others, for the performance of remedial action and a Consent Decree, which includes an obligation to pay EPA’s future costs, to which Millennium Holdings is a signatory. Proof of claim filed on 07/06/09 for response cost claims relating to Berks Landfill Superfund Site and 68th Street Dump Superfund Site. No proof of claim filed for Barefoot Minerals.

Defendants (2)

• MILLENIUM HOLDINGS, INCNamed in complaintNamed in settlement
• MILLENIUM PETROCHEMICALS, INC.Named in settlement

Facilities (3)

• 68TH STREET DUMP SUPERFUND SITE

  68TH STREET DUMP SUPERFUND SITE, BALTIMORE, MD, 21238

  Registry ID: 110039155678

• BERKS LANDFILL CORP

  RD 8348, SINKING SPRING, PA, 19608

  Registry ID: 110007746831

• BAREFOOT DISPOSAL

  CATFISH RIDGE, HOLLIDAYSBURG, PA, 16648

  Registry ID: 110009344085

Statutes cited

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

Enforcement conclusions (1)

• LYONDELL CHEMICAL - MILLENNIUM HOLDINGS, LLC, ET. AL., IN RE (NATIONAL CASE)entered 2010-04-23

  Primary law: CERCLA

Timeline (5 milestones)

• 2009-05-04Referred To Dept Of Justice
• 2009-05-07Enforcement Action Data Entered
• 2009-07-06Complaint Filed With Court
• 2010-03-31Final Order Lodged
• 2010-04-23Final Order Entered