EPA v. MASONITE CORPORATION, IN RE (NATIONAL CASE) (BELL LANDFILL SITE)

Case summary

ON 1/11/12, THE U.S. EXECUTED A SETTLEMENT AGREEMENT IN CHAPTER 11 BANKRUPTCY CASE, IN RE: MASONITE CORPORATION, ET AL., CASE NO 09-10844 (PJW), IN THE U.S. BANKRUPTCY COURT FOR DISTRICT OF DELAWARE, IN CONNECTION WITH THE BELL LANDFILL SUPERFUND SITE (SITE) LOCATED IN BRADFORD COUNTY, PA. THE SETTLEMENT AGREEMENT REQUIRES MASONITE CORP. TO CONTINUE TO COMPLY WITH ITS OBLIGATIONS UNDER THE CERCLA RD/RA CONSENT DECREE ENTERED ON 4/2/97, IN CONNECTION WITH THE SITE, INCLUDING ITS OBLIGATIONS TO PERFORM ONGOING OPERATION AND MAINTENANCE ACTIVITIES AND OT PAY CERTAIN FUTURE RESPONSE COSTS INCURRED BY EPA. FOLLOWING THE EXECUTION OF THE SETTLEMENT AGREEMENT, THE U.S. FILED A NOTICE OF SETTLEMENT AGREEMENT WITH RESPECT TO UNITED STATES' PROOF OF CLAIM ON BEHALF OF THE U.S. ENVIRONMENTAL PROTECTION AGENCY (NOTICE) WITH THE BANKRUPTCY COURT, NOTIFYING THE COURT OF THE SETTLEMENT AGREEMENT. THE DEBTORS WERE AUTHORIZED TO ENTER INTO THE SETTLEMENT AGREEMENT BY THE CONFIRMED JOINT PLAN OF REORGANIZATION OF MASONITE CORP., ET. AL. THE U.S. FILED THE NOTICE FOR THE INFORMATION OF THE COURT AND ANY INTERESTED PARTIES, AND NO ACTION BY THE COURT WAS REQUIRED.

Defendants (1)

• MASONITE CORPORATIONNamed in complaintNamed in settlement

Facilities (1)

• BELL LANDFILL

  PARKER ROAD & COUNTY ROAD/BETWEEN 2010 TO THE SOUT, TOWANDA, PA, 18848

  Registry ID: 110043258248

Statutes cited

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

Enforcement conclusions (1)

• MASONITE CORPORATION, IN RE (NATIONAL CASE)entered 2012-01-19

  Primary law: CERCLA

Timeline (5 milestones)

• 2009-06-30Referred To Dept Of Justice
• 2009-06-30Enforcement Action Data Entered
• 2009-09-10Complaint Filed With Court
• 2012-01-19Final Order Entered
• 2012-01-19Final Order Lodged