EPA v. HORSEHEAD CORPORATION (BNK) (nka AMERICAN ZINC RECYLING)

Case summary

FOR PURPOSES OF REGION 4, THE BANKRUPTCY RELATES TO FACILITIES OWNED AND OPERATED BY HORSEHEAD CORP IN ROCKWOOD, TN; BARNWELL, SC; AND MOORESBORO, NC. A PROOF OF CLAIM WAS FILED ON AUG 1, 2016 (GOVERNMENT BAR DATE), AND A REORGANIZATION PLAN CONFIRMED BY THE U.S. BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE ON SEPT 9, 2016. THE REORGANIZATION PLAN AND CONFIRMATION ORDER DO NOT PRECLUDE THE ENFORCEMENT OF ANY APPLICABLE ENVIRONMENTAL LAW AND, WITH RESPECT TO REGULATORY CLAIMS, LIABILITY AT THE MOORESBORY, NC; ROCKWOOD, TN; AND BARNWELL, SC FACILITIES UNDER RCRA AND APPLICABLE STATE LAWS PROVISIONS, WILL PASS THRU THE BANKRUPTCY UNIMPAIRED, AS IF THE BANKRUPTCY CASE HAD NEVER BEEN COMMENCED, EXCEPT THAT ANY PRE-PETITION PENALTIES ASSESSED AND AGREED TO AS PART OF ANY SETTLEMENT WILL BE PAID IN THE SAME AMOUNT AS ALLOWED GENERAL UNSECURED CLAIMS ARE PAID UNDER THE REORGANIZATION PLAN.

Defendants (1)

• HORSEHEAD CORPORATIONNamed in complaintNamed in settlement

Facilities (3)

• BEFESA ZINC METAL, LLC

  484 HICKS GROVE ROAD, MOORESBORO, NC, 28114

  Registry ID: 110055619399

• AMERICAN ZINC RECYCLING CORP

  941 TECHNOLOGY DR, BARNWELL, SC, 29812

  Registry ID: 110040451533

• HORSEHEAD CORP

  550 CLYMERSVILLE RD, ROCKWOOD, TN, 37854

  Registry ID: 110000590101

Statutes cited

• RCRA 3005 — Permits for Treatment, Storage, or Disposal of Hazardous Waste
• RCRA 3002 — Standards Applicable to Generators of Hazardous Waste

Enforcement conclusions (1)

• HORSEHEAD CORPORATION (BNK)entered 2016-09-09

  Primary law: RCRA

Timeline (6 milestones)

• 2016-06-22Referred To Dept Of Justice
• 2016-08-01Complaint Filed With Court
• 2016-08-25Enforcement Action Data Entered
• 2016-09-09Enforcement Action Closed
• 2016-09-09Final Order Entered
• 2016-09-09Final Order Lodged