EPA v. ELECTRICAL UTILITIES CO - BANKRUPTCY

Case summary

OVER A PERIOD OF YEARS ELECTRICAL UTILITIES CO. USED POLYCHLORINATED BIPHENYL (PCB) IN ITS MANUFACTURE OF CAPA- CITORS. PCB'S CURRENTLY EXIST IN THE BUILDINGS AND LAND SURROUNDING THE SITE, INCLUDING ADJACENT LANDOWNERS' PROPERTIES. THERE ARE ALSO 140 BARRELS OF PCB-CONTAMINATED MATERIAL PRESENTLY STORED ON THE SITE. IN 1980 EUC MOVED IT S MANUFACTURING PROCESS FROM THE LA SALLE SITE TO FARMVILLE NORTH CAROLINA. PRIOR TO THAT TIME BOTH THE STATE OF ILLINOIS AND REGION V FILED ACTIONS AGAINST EUC FOR VIOLA- TIONS OF TSCA. IN JULY 1983 REGION V NOTIFIED EUC OF THE NEED FOR AN IMMEDIATE REMOVAL AT THE LA SALLE SITE. THE COMPANY REFUSED TO DO THE WORK AND ON SEPTEMBER 19, 1983, FILED A CHAPTER 11 BANKRUPTCY PETITION IN THE BANKRUPTCY COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA. WE HAVE DETERMINED THAT ASSETS OF $40,000 TO $280,000 EXCLUSIVE OF ANY SECURITY INTEREST MAY BE AVAILABLE FOR ADMINISTRATIVE EXPENSES. IN ADDITION, WE HAVE MADE ARGU- MENTS IN THE PAST THAT CERCLA CLEANUP COSTS SHOULD HAVE PRIORITY OVER SECURITY INTERESTS. IF THAT ARGUMENT SHOULD PREVAIL, ASSETS OF APPROXIMATELY $1,000,000 WOULD BE AVAIL- ABLE FOR CERCLA CLEANUP COSTS. BOTH THE STATE OF ILLINOIS AND THE NORTH CAROLINA DEPART- MENT OF NATURAL RESOURCES HAVE FILED CLAIMS FOR THE COSTS OF CLEANUP AND DISPOSAL OF HAZARDOUS WASTE AT THE LA SALLE SITE AND THE NORTH CAROLINA SITE, RESPECTIVELY, ALLEGING THAT SUCH COSTS ARE ADMINSTRATIVE EXPENSES. THE BANKRUPTCY COURT HAS THE NORTH CAROLINA CLAIM UNDER ADVISEMENT AT THE PRESENT TIME. WE BELIEVE IT IMPORTANT THAT THE AGENCY ALSO FILE SUCH A CLAIM SINCE IT WILL BE RESPONSIBLE FOR 90% OF THE COS T OF CLEANUP OF THE LA SALLE SITE. IN ADDITION, THERE ARE NO OTHER RESPONSIBLE PARTIES TO CONTRIBUTE TO THE COSTS OF CLEANUP WHICH ARE ESTIMATED AT THIS TIME TO BE APPROXIMATELY $3,000,000.

Defendants (1)

• ELECTRICAL UTILITIES CO - BANKRUPTCYNamed in complaint

Facilities (1)

• ELECTRICAL UTILITIES CO

  2427 ST VINCENT AVE, LA SALLE, IL, 61301

  Registry ID: 110009366952

Statutes cited

• TSCA 16 — Toxic Sub Control Act

Timeline (7 milestones)

• 1984-08-10Enforcement Action Data Entered
• 1984-11-19Referred To Headquarters
• 1984-11-19Referred To Dept Of Justice
• 1984-11-21Referred TO U.S. Attorney
• 1985-01-31Complaint Filed With Court
• 1986-11-01Concluded
• 1986-11-01Enforcement Action Closed