EPA v. OLD CARCO LLC, (F/K/A CHRYSLER LLC), IN RE (NATIONAL CASE)

Case summary

Notice is hereby given that on July 14, 2010, a proposed Settlement Agreement in the bankruptcy matter, Old Carco LLC (f/k/a Chrysler LLC), et al., Jointly Administered Case No. 09-50002 (AJG), was lodged with the United States Bankruptcy Court for the Southern District of New York. The Settlement Agreement resolves claims of the Environmental Protection Agency (?EPA?) against the Old Carco Liquidation Trust (?Old Carco?), as successor in interest to Old Carco LLC (formerly known as Chrysler LLC), for response costs and civil penalties under the Comprehensive Environmental Response, Compensation, and Liability Act (?CERCLA?), 42 U.S.C. 9601-9675,Start Printed Page 42786with respect to Behr Dayton Thermal Systems VOC Plume Superfund Site (?Behr Dayton?). Under the Settlement Agreement, EPA will receive an allowed general unsecured claim with respect to response costs incurred by the EPA with respect to Behr Dayton in the amount of $26,000,000. The EPA will receive an allowed general unsecured claim with respect to civil penalties in the amount of $5,000,000. Accordingly, the total amount of the EPA's allowed general unsecured claim will be $31,000,000. The allowed general unsecured claim with respect to civil penalties, however, shall be subordinated under the plan of confirmation to other allowed general unsecured claims. Upon the effective date of the settlement agreement, the United States will also receive a cash payment of $500,000, which will be applied to Behr Dayton. In the event that certain funds reserved for funding environmental cleanup at sites owned by the Liquidation Trust are not needed for their intended purpose because such owned property is transferred or sold to a third party purchaser, the United States would receive additional cash payments in the maximum aggregate amount of $1,500,000 million (which, together with the $500,000 in cash that the United States would receive on the effective date of the settlement agreement, would total $2,000,000), which amount(s) will also be applied to Behr Dayton. The Department of Justice will receive, for a period of thirty days from the date of this publication, comments relating to the Settlement Agreement. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, and either e-mailed to pubcomment-ees.enrd@usdoj.gov or mailed to P.O. Box 7611, U.S. Department of Justice, Washington, DC 20044-7611, and should refer to In re Old Carco LLC, et al., D.J. Ref. 90-11-3-09743. Commenters may request an opportunity for a public meeting in the affected area, in accordance with Section 7003(d) of RCRA, 42 U.S.C. 6973(d)..

Defendants (1)

• OLD CARCO, LLC, (F/K/A CHRYSLER LLC)Named in complaintNamed in settlement

Facilities (6)

• MARYLAND SAND GRAVEL & STONE SITE

  64 EPHRATA AVE, ELKTON, MD, 21921

  Registry ID: 110003541711

• SPECTRON INC

  120 PROVIDENCE RD & RD 8, ELKTON, MD, 21921

  Registry ID: 110001767268

• ARMY CREEK LANDFILL

  RTE 13 + RTE 40, NEW CASTLE, DE, 19720

  Registry ID: 110009273909

• DELAWARE SAND & GRAVEL SUPERFUND SITE

  229 GRANTHAM LANE, NEW CASTLE, DE, 19720

  Registry ID: 110009328628

• BUTLER MINE TUNNEL

  SUSQUEHANNA RIVER, PITTSTON, PA, 18640

  Registry ID: 110009322580

• DELAWARE SAND & GRAVEL SUPERFUND SITE

  229 GRANTHAM LANE, NEW CASTLE, DE, 19720

  Registry ID: 110009328628

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• OLD CARCO LLC, (F/K/A CHRYSLER LLC), IN RE (NATIONAL CASE)entered 2010-10-21

  Primary law: CERCLA

Timeline (5 milestones)

• 2009-09-18Referred To Dept Of Justice
• 2009-09-23Enforcement Action Data Entered
• 2009-10-27Complaint Filed With Court
• 2010-07-14Final Order Lodged
• 2010-10-21Final Order Entered