EPA v. CRUCIBLE MATERIALS CORPORATION, IN RE (NATIONAL CASE)

Case summary

11/17/09: THIS BANKRUPTCY CASE IS A NATIONAL CASE, INVOLVING REGION 2 (02-2009-0038) PER HQ. REGION 2 IS THE LEAD REGION. The United States Bankruptcy Court for the District of Delaware enters an Order approving a Settlement Agreement between Crucible Materials Corporation (CMC) and the Environmental Protection Agency (EPA) resolving EPA’s proof of Claim in United States v. Auburn Technology, Inc., et. al., Civil Action No. 00-CV-1912. On February 15, 2001, CMC entered into a remedial design/remedial action consent decree (the CD) related to the Butler Mine Tunnel Site (Butler Site), located in Pittston Township, Pennsylvania. The CD required CMC, as well as other settling defendants, to implement a remedy selected by EPA for the Butler Site. On May 6, 2009, CMC filed for relief under Chapter 11 in the United States Bankruptcy Court for the District of Delaware. On November 2nd 2011, in response to the CMC’s filing for Chapter 11 protection, the United States filed a protective proof of claim against CMC. On February 24, 2011, Judge Mary F. Walrath entered an Order resolving the United State’s proof of claim. Pursuant to Judge Walrath's Order and attached Settlement Agreement, the Bankruptcy will have no impact on the liability of Crucible under the CD. Specifically, the Settlement Agreement has no allowed claim amount for this Site and no payment will be made to EPA in connection with the bankruptcy distribution. However, EPA reserves its right to argue that CMC’s work obligations under the decree are not affected by the bankruptcy. However, CMC reserves the right to argue that these obligations were eliminated by the bankruptcy.

Defendants (1)

• CRUCIBLE MATERIALS CORPORATION, IN RENamed in complaintNamed in settlement

Facilities (1)

• BUTLER MINE TUNNEL

  SUSQUEHANNA RIVER, PITTSTON, PA, 18640

  Registry ID: 110009322580

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• CRUCIBLE MATERIALS CORPORATION, IN RE (NATIONAL CASE)entered 2011-02-25

  Primary law: CERCLA

Timeline (5 milestones)

• 2009-06-30Enforcement Action Data Entered
• 2009-06-30Referred To Dept Of Justice
• 2009-10-30Complaint Filed With Court
• 2011-01-07Final Order Lodged
• 2011-02-25Final Order Entered