EPA v. BETTER BRITE CHROME

Case summary

A. NATURE OF THE CASE BETTER BRITE PLATING, INC., ALSO KNOWN AS WISCONSIN CHROMIUM-DIVISION OF BETTER BRITE PLATING, OWNED AND OPERA- TED A CHROMIUM ELECTROPLATING FACILITY LOCATED AT 519 LANDE STREET IN DE PERE, WISCONSIN. ON APRIL 30 AND JUNE 23, 1986, THE U.S. EPA TECHNICAL ASSISTANCE TEAM PERFORMED SITE ASSESSMENTS AT THIS FACILITY. THESE ASSESSMENTS DOCUMENTED THE PRESENCE OF HAZARDOUS SUBSTANCES IN THE SOIL, SURFACE WATER, AND GROUNDWATER AT THE SITE. THE PREDOMINANT CONTAM- INANT WAS IDENTIFIED AS HEXAVALENT CHROMIUM, THE MOST TOXIC FORM OF CHROMIUM. THE FACILITY IS NOT SECURED AND IS LOCA- TED IN A RESIDENTIAL NEIGHBORHOOD, WITH THE NEAREST RESI- DENCE APPROXIMATELY TWENTY-FIVE (25) YARDS AWAY. PURSUANT TO AN ACTION MEMO DATED SEPTEMBER 24, 1986, U.S. EPA IS CONDUCTING AN IMMEDIATE REMOVAL RESPONSE AC- TION AT THE BETTER BRITE FACILITY. (ATTACHMENT A). SPE- CIFIC RESPONSE ACTIVITIES TAKEN AT THE SITE INCLUDE: EX- TENSIVE SAMPLING, EXCAVATING CONTAMINATED SOIL, DRAINING AND DISPOSING OF DETERIORATED DRUMS AND TANKS, AND PUMPING AND DISPOSING OF HAZARDOUS CHROMIC ACID FROM UNLINED PITS. AS OF NOVEMBER 13, 1986, U.S. EPA EXPENDED $90,955.70 TO MITIGATE BY CLEANUP THE IMMEDIATE THREAT TO HUMAN HEALTH AND THE ENVIRONMENT POSED BY CONDITIONS AT BETTER BRITE'S FACIL- ITY. THESE COSTS ARE SET FORTH IN THE AFFIDAVIT OF STEVEN FARYAN WHICH SUPPORTS THE PROOF OF CLAIM. THE REMOVAL IS NOT COMPLETED AND THE UNITED STATES' COSTS WILL INCREASE. THE TOTAL PROJECT CEILING WAS CALCULATED AT $386,000.00. ON SEPTEMBER 5, 1986, BETTER BRITE FILED A PETITION FOR ANKRUPTCY RELIEF UNDER CHAPTER 11 FOR FINANCIAL REORGAN- IZATION, IN THE EASTERN DISTRICT OF WISCONSIN. (ATTACHMENT E). RECENTLY, BETTER BRITE CONVERTED ITS BANKRUPTCY CASE TO A CHAPTER 7 PROCEEDING TO LIQUIDATE ITS ASSETS AND DISSOLVE THE CORPORATION. FILING A PROOF OF CLAIM IN BETTER BRITE'S BANKRUPTCY CASE IS NECESSARY TO ESTABLISH THE UNITED STATES' CLAIM ON BETTER BRITE'S ASSETS. BASED UPON THE ASSETS AND LIABILI- TIES STATED IN BETTER BRITE'S BANKRUPTCY SCHEDULES A QUICK LOOK FINANCIAL ASSESSMENT WAS DONE. (ATTACHMENT D). THAT ASSESSMENT INDICATES UNENCUMBERED ASSETS ARE AVAILABLE TO REIMBURSE THE UNITED STATES FOR A SIGNIFICANT PORTION OF THE TOTAL RESPONSE COSTS. B. PROPOSED REMEDY. ON SEPTEMBER 26, 1986, THE BANKRUPTCY COURT ISSUED AN ORDER SCHEDULING THE FIRST MEETING OF CREDITORS FOR OCTOBER 15, 1986. (ATTACHMENT C). THAT ORDER FURTHER PROVIDED THAT A CREDITOR MUST FILE A PROOF OF CLAIM WITHIN NINETY (90) DAYS AFTER THE CREDITORS' MEETING, ON OR BEFORE JANUARY 13, 1987. IT IS REQUESTED THAT A PROOF OF CLAIM BE FILED PRIOR TO JANUARY 13, 1987 TO PRESERVE THE UNITED STATES' CLAIM FOR REIMBURSEMENT OF RESPONSE COSTS AT THE DEBTOR'S CHROMIUM ELECTROPLATING FACILITY. A DRAFT PROOF OF CLAIM WITH SUP- PORTING AFFIDAVIT ARE INCLUDED WITH THIS REFERRAL AS ATTACH- MENT B. C. OTHER CONTACTS THE STATE OF WISCONSIN IS PARTICIPATING IN BETTER BRITE'S BANKRUPTCY CASE TO RECOVER COSTS AND PENALTIES FOR VIOLATIONS OF STATE ENVIRONMENTAL LAWS. THE STATE'S CLAIM IS BEING HANDLED BY ROBERT HUNTER, ASSISTANT ATTORNEY GEN- ERAL (608) 266-0764. MR. HUNTER WAS ADVISED OF U.S. EPA'S PROPOSED INTERVENTION IN THE BANKRUPTCY PROCEEDING, AND HE APPROVES OF THE DECISION. REGIONAL CONTACTS INCLUDE BRETT WARNING, ASSISTANT REGIONAL COUNSEL (312) 886-6733, STEVE FARYAN, ON-SCENE CO- ORDINATOR (312) 353-9351, DAVID LINNEAR, REMEDIAL PROJECT MANAGER (312) 886-1841.

Defendants (1)

• BETTER BRITE CHROMENamed in complaintNamed in settlement

Facilities (2)

• BETTER BRITE PLATING

  519 LANDE STREET, DE PERE, WI, 54115

  Registry ID: 110001921083

• BETTER BRITE CHROME

  420 PALMER ST, CHIPPEWA FALLS, WI, 54729

  Registry ID: 110009317747

Statutes cited

• CERCLA 107 — Superfund
• CERCLA 104A — CERCLA 104(a)

Enforcement conclusions (1)

• BETTER BRITE CHROMEentered 1994-05-12

  Primary law: CERCLA

  Federal penalty: $5,203

Timeline (8 milestones)

• 1986-04-30Enforcement Action Data Entered
• 1986-12-31Referred To Headquarters
• 1987-02-25Referred To Dept Of Justice
• 1987-02-26Complaint Filed With Court
• 1994-05-12Final Order Lodged
• 1994-05-12Final Order Entered
• 1994-05-12Concluded
• 1998-06-30Enforcement Action Closed