EPA v. T. P. LONG CHEMICAL - BANKRUPTCY

Case summary

THIS CASE INVOLVES THE FILING OF A PROOF OF CLAIM AGST T. P. LONG CHEMICAL CO TO PROTECT EPA'S CLAIM AGST DEF IN RE OF THE CRCLA COUNT FILED AGST DEF. THE CRCLA CASE ASSOC WITH THIS CASE IS CASE NO 05-83-E009. TOTAL CLAIMS SOUGHT: $37,859.35 TOTAL RECOVERED :$37,859.35 TOTAL SPENT : $33,114.98 ON 12/14/82, EPA COMPLETED AN IMMEDIATE REMOVAL ACTION AT THE LONG SITE. EPA CLEANUP ACTIVITIES INCLUDED BULKING DRUMS OF HAZARDOUS MATERILS, TAKING COMPOSITE SAMPLES, DISPOSING OF HAZARDOUS SUBSTANCES, REMOVING AND DISPOSING OF CONTAMINATED SOIL, AND DRAINING AND DISPOSAL OF A TANK OF SULFUR MONOCHLORIDE. THE COST OF THE CLEANUP TO DATE IS IN EXCESS OF $37,000. EPA'S IMMEDIATE REMOVAL ACTION WAS INITIATED AFTER A SPILL FROM A TANK OF SULFUR MONOCHLORIDE ON SITE CREATED ACID VAPORS REQUIRING THE EVACUATION OF NEARBY RESIDENTS. AFTER THE CITY OF AKRON FIRE DEPT NEUTRALIZED THE SPILL, EPA'S ON SCENE COORDINATOR DETERMINED THAT HAZARDOUS SUBSTANCES HAD BEEN RELEASED INTO THE ENVRONMENT AT THE LONG SITE AND THAT A SUBSTANTIAL THREAT OF FURTHER RELEASE EXISTED. HIS DETERMINATION WAS BASED ON THE PRESENCE OF 90 BADLY LEAKING DRUMS ON-SITE AND THE CONTINUED PRESENCE OF THE TANK OF SULFUR MONOCHLORIDE. LEAKS FROM THE DRUMS WERE THREATENING CONTAMINATION OF A TRIBUTARY TO THE LITTLE CUYAHOGA RIVER. EPA SEEKS COST RECOVERY AND OTHER APPROPRIATE RELIEF FROM RESPONSIBLE PARTIES WHO INCLUDE THE OWNER AND OPERATOR OF THE SITE, A PURCHASER OF ASSETS, A FEDERAL TRUSTEE IN BANK- RUPTCY AND A STATE RECEIVER. RECOVERY IS SOUGHT PURSUANT TO SECTION 107(A) OF CERCLA, 42 U.S.C. SECTION 9607(A). ON 8/7/85 THE JUDGE ENTERED AN ORDER FOR PAYMENT OF DIVIDE NDS. UNDER THIS ORDER AND DIRECTED TO MAKE THE FOLLOWING DISTRIBUTION OF FUNDS. TO THE FOLLOWING CREDITOR WHO HAS A PERFECTED SECURITY INTEREST: 1) BANCOHIO NATL BANK $12,335. 43 SUB TOTAL. TO THE FOLLOWING COSTS OF ADMINISTRATION UNDE R CHAPTER 7 PAID ON PRO-RATA BASIS: 2)TRUSTEE'S FEES: HAROL D CORZIN $1,635.58, ATTORNEY FOR TRUSTEE: EMANUEL MAZUR FEES $290.47, ATTORNEY FOR DEBTOR: TERRENCE STEEL FEES $1,709.62, TO THE CLERK OF COURTS: 1 TRUSTEE'S COMPLAINT (582-0355) $55 .33, NOTICE OVER 50 $88.06, 3) ENVIRONMENTAL PROTECTION AGE NCY $14,198.23, FOR A TOTAL OF $30,312.72. THIS END THIS CASE.

Defendants (3)

• LONG, T. P., CHEMICAL CONamed in complaintNamed in settlement
• LONG, T. PAULNamed in complaintNamed in settlement
• LONG, T. PAUL, MRS.Named in complaintNamed in settlement

Facilities (1)

• LONG T P CHEMICAL CO INC

  394 MCGOWAN ST, AKRON, OH, 44305

  Registry ID: 110010735632

Statutes cited

• CERCLA 107 — Superfund

Enforcement conclusions (1)

• T. P. LONG CHEMICAL - BANKRUPTCYentered 1985-08-30

  Primary law: CERCLA

Timeline (7 milestones)

• 1983-04-07Referred To Headquarters
• 1983-05-20Referred To Dept Of Justice
• 1983-07-29Complaint Filed With Court
• 1985-08-30Final Order Lodged
• 1985-08-30Final Order Entered
• 1985-08-30Concluded
• 1986-09-30Enforcement Action Closed