EPA v. MIDWEST PLATING & CHEMICAL CO - BANKRUPTCY MATTER

Case summary

FROM 1937 TO 1985, THE MIDWEST PLATING AND CHEMICAL COM- PANY (MPC) OPERATED A METAL ELECTROPLATING BUSINESS IN LOGANSPORT, INDIANA. MPC UTILIZED HAZARDOUS SUBSTANCES IN CONDUCTING ITS BUSINESS. IN MARCH OF 1985, MPC ABANDONED ITS LOGANSPORT FACILITY WITHOUT REGARD TO THE HAZARDOUS SUBSTANCES REMAINING AT THE FACILITY. ON APRIL 16, 1985, AFTER NOTIFYING MPC OF CONDITIONS AT THE FACILITY, AND AFTER AFFORDING MPC AN OPPORTUNITY TO CLEAN UP THE FACILITY, THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (U.S. EPA) ENGAGED IN AN IMMEDIATE REMOVAL ACTION TO ABATE THE ENDANGERMENT POSED BY THE FACILITY. THE IMMEDIATE REMOVAL ACTION WAS COMPLETED ON AUGUST 23, 1985, AT A COST OF $898,807.25. DEMAND LETTERS WERE SENT TO ALL POTENTIALLY RESPONSIBLE PARTIES (PRP'S) REQUESTING REIMBURSEMENT TO U.S.EPA OF THAT AMOUNT. THE PRP'S FAILED TO REIMBURSE U.S. EPA PURSUANT TO THE DEMAND LETTERS. THIS CASE WAS REFERRED TO THE DEPARTMENT OF JUSTICE ON FEBRUARY 7, 1986, FOR COST-RECOVERY. AT THE TIME THE CASE WAS REFERRED REGION V HAD REASON TO BELIEVE THAT ECONOMIC- CALLY VIABLE PRP'S EXISTED WHO SHOULD BE NAMED AS DEFENDANTS IN A LAWSUIT FOR COST-RECOVERY. HOWEVER, THE REFERRAL WAS WITHDRAWN BY THE REGION BECAUSE FOLLOWING REFERRAL ONE OF THE TWO PRIMARY PRP'S DIED WITHOUT SIGNIFICANT ASSETS AND THE OTHER MAJOR PRP FILED BANKRUPTCY. AT THE TIME OF WITHDRAWN OF THE 107 REFERRAL THE REGION RE QUESTED THAT A PROOF OF CLAIM BE FILED IN THE RELATED BANK- RUPTCY. MR. BURTON STERN, A PRP IN THIS MATTER, FILED FOR PERSON- AL BANKRUPTCY PURSUANT TO CHAPTER 7 OF THE BANKRUPTCY CODE. MR. STERN LISTED HIS LIABILITIES AS TOTALLING $2,736,300.00. MR. STERN HAS LISTED ASSETS AS TOTALLING $16,865.56. HOW- EVER, THE SCHEDULE OF ASSETS AND LIABILITIES FILED BY MR. STERN HAS BEEN AMENDED TO INCLUDE THE BURTON STERN TRUST. MR. STERN HAS LISTED THE VALUE OF THIS TRUST AS UNKNOWN . BASED UPON THE FOREGOING, IT IS REQUESTED THAT THE DEPART- MENT OF JUSTICE FILE A PROOF OF CLAIM AGAINST THE ESTATE OF MR. STERN PURSUANT TO SECTION 501 OF THE BANKRUPTCY CODE, 11 USC SECTION 501, TO PRESERVE THE RIGHTS OF THE U.S. SHOULD MR. STERN'S ESTATE BE FOUND TO POSSESS SIGNIFICANT ASSETS.

Defendants (1)

• STERN, BURTONNamed in complaint

Facilities (1)

• MIDWEST PLATING CHEMICAL CORP

  12TH & SPEAR STS, LOGANSPORT, IN, 46947

  Registry ID: 110007565697

Statutes cited

• CERCLA 107 — Superfund

Timeline (6 milestones)

• 1986-07-22Referred To Dept Of Justice
• 1986-08-21Referred TO U.S. Attorney
• 1986-08-25Complaint Filed With Court
• 1996-08-25Concluded
• 1996-08-25Enforcement Action Closed
• 1997-08-28Enforcement Action Data Entered