EPA v. CONEXANT SYSTEMS, INC, IN RE (RECITON/ALLIED STEEL)

Case summary

ON AUGUST 5, 2013, REGIONAL ADMINISTRATOR SHAWN M. GARVIN SIGNED A BANKRUPTCY REFERRAL REPORT REQUESTING THAT THE DEPARTMENT OF JUSTICE TO FILE A PROTECTIVE PROOF OF CLAIM UNDER RULE 3003 OF THE FEDERAL RULES OF BANKRUPTCY PROCEDURE IN A CHAPTER 11 BANKRUPTCY PROCEEDING – IN RE: CONEXANT SYSTEMS, INC (CASE NO. 13-10367) – WHICH IS BEFORE THE U.S. BANKRTUPCY COURT FOR THE DISTRICT OF DELAWARE. DEBTR CONEXANT SYSTEMS, INC IS THE SUCCESSOR TO A POTENTIALLY RESPONSIBLE PARTY AT THE RECITON/ALLIED STEEL SUPERFUND SITE, LOCATED IN PARKER FORD, EAST COVENTRY TOWNSHIP, CHESTER COUNTY, PENNSYLVANIA. EPA HAS REQUESTD THAT DOJ FILE THE PROTECTIVE PROOF OF CLAIM TO ENSURE THAT CONEXANT MEETS ITS INJUNCTIVE OBLIGATION TO COMPLETE A REMEDIAL ACTION AT THE SITE. IN 1994, EPA ISSUED AN ADMINISTRATIVE ORDER UNDER SECTION 106(a) OF CERCLA TO ROCKWELL INTERNATIONAL CORPORATION AND THREE OTHER RESPONDENTS, REQUIRING THEM TO PERFORM THE REMEDIAL DESIGN AND REMEDIAL ACTION AT THE SITE TO ADDRESS RELEASES OF TRICHLORETHYLENE AND OTHER HAZARDOUS SUBSTANCES IN GROUNDWATER AT THE SITE. THESE RELEASES HAD CONTAMINATED THE DRINKING-WATER WELLS OF NEARBY RESIDENCES. IN 1998, CONEXANT, A ONCE WHOLLY OWNED SUBSIDIARY OF ROCKWELL’S , SPUN OFF FROM ITS PARENT AND EXPRESSLY ASSUMED ALL LIABILITIES ASSOCIATED WITH ROCKWELL’S FORMER SEMICONDUCTOR BUSINESS, INCLUDING ITS OBLIGATIONS UNDER EPA’S 1994 ORDER. THUS, SINCE ITS SPIN-OFF FROM ROCKWELL IN 1998, CONEXANT HAS PERFORMED THE REMEDIAL ACTION AT THE SITE IN ACCORDANCE WITH THE 1994 ORDER. EPA IS NOT SEKING A PROOF OF CLAIM FOR RESPONSE COSS IN THIS CASE BECAUSE THE UNITED STATES ALREADY SETTLED THOSE CLAIMS IN A 2006 CONSENT DECREE. IN THAT SETTLEMENT, THE UNITED STATES RESERVED ITS RIGHTS TO ENFORCE EPA’S ORDER IN THE EVENT OF ANY FUTURE NON-COMPLIANCE BY CONEXANT OR ROCKWELL. THE CONSENT DECREE ALSO INCLUDED A PROVISION EXPRESSLY ACKNOWLEDGING CONEXANT AND ROCKWELL’S OBLIGATIONS TO COMPLY WITH THE ORDER. BY ORDER OF THE BANKRUPTCY COURT, THE GOVERNMENT BAR DATE IS TUESDAY, AUGUST 27, 2013 AT 4:00 p.m.

Defendants (1)

• CONEXANT SYSTEMS, INCNamed in complaint

Facilities (2)

• RECTICON ALLIED STEEL

  RT 724 WELLS RD, PARKER FORD, PA, 19457

  Registry ID: 110010626340

• RECTICON ALLIED STEEL

  RT 724 WELLS RD, PARKER FORD, PA, 19457

  Registry ID: 110010626340

Statutes cited

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

Timeline (4 milestones)

• 2013-08-05Referred To Dept Of Justice
• 2013-08-08Enforcement Action Data Entered
• 2013-08-21Complaint Filed With Court
• 2014-12-17Enforcement Action Closed