EPA v. THOMAS SOLVENT CO. - BANKRUPTCY

Case summary

REFERRAL TO REQUEST THE REFERRAL OF CERTAIN DOCUMENTS RE- GARDING THE THOMAS SOLVENT COMPANY, BATTLE CREEK, MICHIGAN, TO THE DEPARTMENT OF JUSTICE FOR INFORMATION AND FILING. THE DOCUMENTS ARE THOMAS SOLVENT COMPANY'S DEBTOR'S PETI- TION, NOTICE OF FIRST MEETING, MATRIX, AND A PROOF OF CLAIM AND SUPPORTING AFFIDAVIT. THIS ACTION IS NECESSARY TO PRESERVE THE UNITED STATES' CLAIM AGAINST THOMAS, A POTEN- TIALLY RESPONSIBLE PARTY AT THE VERONA WELL FIELD HAZARDOUS WASTE SITE. VERONA WELL FIELD PROVIDES THE PRIMARY WATER SUPPLY FOR 35,000 RESIDENTS, COMMERCIAL AND INDUSTRIAL USERS IN BATTLE CREEK. THE WELL FIELD IS CONTAMINATED BY, AMONG OTHER THINGS, HAZARDOUS SUBSTANCES WHICH HAVE MIGRATED FROM THOMAS' PLACES OF BUSINESS UPGRADIENT FROM THE WELL FIELD. SINCE JULY 1983, EPA HAS TAKEN RESPONSE ACTIONS PURSUANT TO SECTION 104 OF CERCLA AND THE NATIONAL CONTINGENCY PLAN TO ASSURE A POTABLE WATER SUPPLY FOR BATTLE CREEK AND DETERMINE HOW TO REHABILITATE THE WELL FIELD. THESE ACTIONS INCLUDE A BOTTLED WATER PROGRAM, A REMEDIAL INVESTIGATION AND FEASIBILITY STUDY, AN INITIAL REMEDIAL MEASURE AND AN IM- MEDIATE REMOVAL. TO DATE, MONIES OBLIGATED FROM THE HAZARD- OUS SUBSTANCE RESPONSE TRUST FUND TOTAL $4,237,538. ACTUAL EXPENDITURES EXCEED $850,000. THE GOVERNMENT'S CLAIM A- GAINST THOMAS FOR THESE COSTS IS BASED ON SECTION 107(A)(1) OF CERCLA. ON APRIL 6, 1984, THOMAS, A FORMULATOR OF INDUSTRIAL SOLV- ENTS AND TRANSPORTER OF LIQUID HAZARDOUS WASTE, FILED A PETITION IN BANKRUPTCY PURSUANT TO CHAPTER 11 OF THE BANK- RUPTCY CODE. THOUGH THOMAS REMAINS AS A DEBTOR-IN-POSSES- SION, THE ASSETS OF THE CORPORATION ARE BEING MARSHALLED FOR EVENTUAL LIQUIDATION. THOMAS' BANKRUPTCY COUNSEL HAS IN- FORMED EPA THAT EPA IS A MAJOR CREDITOR AND HE HAS REQUESTED THAT A PROOF OF CLAIM BE FILED PRIOR TO HIS STRUCTURING A LI QUIDATION PLAN. TOTAL CLAIMS SOUGHT: $4,237,530.00 TOTAL RECOVERED : $0.0 TOTAL SPENT : $2,152,974.85 (AS OF 8/84)

Defendants (1)

• THOMAS SOLVENT CO.Named in complaintNamed in settlement

Facilities (9)

• VERONA PUMPING STATION

  250 BRIGDEN DRIVE, BATTLE CREEK, MI, 49017

  Registry ID: 110006040989

• VERONA PUMPING STATION

  250 BRIGDEN DRIVE, BATTLE CREEK, MI, 49017

  Registry ID: 110006040989

• VERONA PUMPING STATION

  250 BRIGDEN DRIVE, BATTLE CREEK, MI, 49017

  Registry ID: 110006040989

• VERONA PUMPING STATION

  250 BRIGDEN DRIVE, BATTLE CREEK, MI, 49017

  Registry ID: 110006040989

• VERONA PUMPING STATION

  250 BRIGDEN DRIVE, BATTLE CREEK, MI, 49017

  Registry ID: 110006040989

• VERONA PUMPING STATION

  250 BRIGDEN DRIVE, BATTLE CREEK, MI, 49017

  Registry ID: 110006040989

• VERONA PUMPING STATION

  250 BRIGDEN DRIVE, BATTLE CREEK, MI, 49017

  Registry ID: 110006040989

• VERONA PUMPING STATION

  250 BRIGDEN DRIVE, BATTLE CREEK, MI, 49017

  Registry ID: 110006040989

• VERONA PUMPING STATION

  250 BRIGDEN DRIVE, BATTLE CREEK, MI, 49017

  Registry ID: 110006040989

Statutes cited

• CERCLA 107 — Superfund

Enforcement conclusions (1)

• THOMAS SOLVENT CO. - BANKentered 1986-12-29

  Primary law: CERCLA

  Federal penalty: $96,941

Timeline (7 milestones)

• 1984-06-29Referred To Headquarters
• 1984-07-20Referred To Dept Of Justice
• 1984-08-21Complaint Filed With Court
• 1986-12-29Final Order Lodged
• 1986-12-29Final Order Entered
• 1986-12-29Concluded
• 1987-07-30Enforcement Action Closed