EPA v. Jack Goins Superfund Site (Cost Rec. Agmt.)

Case summary

9/25/02 - Agreement for Recovery of Past Response Costs. KMart, Inc. is the only settling party. EPA acknowledges that KMart filed a petition for bankruptcy relief on January 22, 2002. On July 31, 2002, EPA filed a proof of claim against KMart regarding this matter, and on August 29, 2002, the U.S. Bankruptcy Court issued an order authorizing KMart to compromise or settle certain classes of de minimis controversies and allow claims without further court approval, which includes this agreement. Upon finalization of this Agreement by EPA, EPA shall have an Allowed General Unsecured Claim against KMart in the amount of $16,173.47, which shall be paid by KMart to the EPA Hazardous Substance Superfund without discrimination in accordance with the terms of the Debtor's Plan of Reorganization, and the U.S. will be deemed to have withdrawn any claim under CERCLA for the Jack Goins Waste Oil Site for any amount in excess of $16,173.47.

Defendants (1)

• KMart, Inc.Named in settlement

Facilities (1)

• GOINS JACK WASTE OIL

  801 15TH ST, CLEVELAND, TN, 37311

  Registry ID: 110004982626

Statutes cited

• CERCLA 122H — Administrative Cost Recovery Settlement

Enforcement conclusions (1)

• Jack Goins Superfund Site (Cost Rec. Agmt - KMart)entered 2002-09-25

  Primary law: CERCLA

Timeline (3 milestones)

• 2002-09-25Final Order Issued
• 2002-11-01Enforcement Action Data Entered
• 2003-12-23Enforcement Action Closed