EPA v. THE BUDD COMPANY (3 FACILITIIES)

Case summary

THE UNITED STATES, ON BEHALF OF EPA; THE BLOSENSKI LANDFILL PRP GROUP, THE DS&G REMEDIAL TRUST; AND THE BUDD COMPANY, INC. (BUDD) HAVE ENTERED INTO A SETTLEMENT AGREEMENT THAT RESOLVES THE ENVIRONMENTAL LIABILITIES OF BUDD IN CONNECTION WITH THE ARMY CREEK LANDFILL, BLOSENSKI LANDFILL, AND THE DELAWARE SAND AND GRAVEL (DS&G) SUPERFUND SITES IN BUDD'S ONGOING BANKRUPTCY ACTION. BUDD ENTERED INTO CONSENT DECREES UNDER THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITIES ACT (CERCLA) AT ALL OF THE ABOVE REFERENCED SITES PURSUANT TO WHICH IT AGREED PERFORM REMEDIAL ACTIONS AND TO PAY EPA'S PAST AND FUTURE RESPONSE COSTWS IN CONNECTION WITH THE SITES. THE SETTLEMENT AGREEMENT RESOLVES THE LIABILITY OF BUDD AT THE SITES BY PROVIDING THAT EPA, THE BLOSENSKI LANDFILL PRP GROUP, AND THE DS&G REMEDIAL TRUST SHALL HAVE ALLOWED GENERAL UNSECURED CLAIMS IN THE FOLLOWING AMOUNTS: ARMY CREEK LANDFILL - EPA SHALL HAVE AN ALLOWED GENERAL UNSECURED CLAIM OF $100,000. BLOSENSKI LANDFILL - EPA SHALL HAVE AN ALLOWED GENERAL UNSECURED CLAIM OF $590,321 AND THE BLOSENSKI LANDFILL PRP GROUP SHALL HAVE AN ALLOWED GENERAL UNSECURE CLAIM OF $1,257,236. DS&G SITE - EPA SHALL HAVE AN ALLOWED GENERAL UNSECURED CLAIM OF $3,850,807 AND THE DS&G REMEDIAL TRUST SHALL HAVE AN ALLOWED GENERAL UNSECURED CLAIM OF $399,193. AFTER THE SETTLEMENT AGREEMENT IS FILED WITH THE BANKRUPTCY COURT, IT WILL BE SUBJECT TO A PERIOD OF PUBLIC COMMENT, AFTER WHICH, IF APPROPRIATE, IT WILL BE APPROVED BY THE COURT.

Defendants (1)

• THE BUDD COMPANYNamed in complaintNamed in settlement

Facilities (3)

• DELAWARE SAND & GRAVEL

  757 GRANTHAM LN, NEW CASTLE, DE, 19720

  Registry ID: 110029443341

• BLOSENSKI LANDFILL

  RTE 340, COATESVILLE, PA, 19320

  Registry ID: 110060766274

• ARMY CREEK LANDFILL/LLANGOLLEN LANDFILL

  RTS 13 & 40, NEW CASTLE, DE, 19720

  Registry ID: 110009273909

Statutes cited

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

Enforcement conclusions (1)

• THE BUDD COMPANY (3 FACILITIIES)entered 2016-07-28

  Primary law: CERCLA

Timeline (5 milestones)

• 2014-09-30Referred To Dept Of Justice
• 2014-10-14Enforcement Action Data Entered
• 2015-05-24Complaint Filed With Court
• 2016-05-03Final Order Lodged
• 2016-07-28Final Order Entered