EPA v. EVANS PRODUCT COMPANY

Case summary

EVANS PRODUCTS COMPANY AND SEVERAL OF ITS SUBIDIARY COM- PANIES ARE CHAPTER 11 DEBTORS IN THE BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF FLORIDA. EVANS HAS DISCOVERED THAT THROUGH A VARIETY OF ITS DIVISIONS AND SUBSIDIARIES, IT HAS INVOLVEMENT AT THE FOLLOWING 6 SUPERFUND SITES I REGION V: WASTE DISPOSAL ENGINEERING IN MN, OAK GROVE LANDFILL IN MN, EAST BETHEL IN MN, CARTER INDUSTRIALS IN MI, LAND RECLAMA- TION IN WI, AND HUNT'S DISPOSAL IN WI. EVANS NOW WISHES TO ENTER INTO A RELEASE FROM LIABILITY WITH EPA IN EXCHANGE FOR A CASH SETTLEMENT ENCOMPASSING ALL 6 SITES. - IN EXCHANGE FOR THIS ACTION, EVANS ASKED THE U.S. TO PROVIDE CONTRIBUTION PROTECTION AND A COMPLETE RELEASE FROM LIABILI- TY, INCLUDING A RELEASE FOR FUTURE LIABILITY UNDER CERCLA SECTION 122(F)(6)(B)(2), 42 U.S.C. SECTION 9622(F)(6)(B)(2). THREE OF THE 6 SITES ARE IN THE STAE OF MINNESOTA AND EVANS WISHES TO INCLUDE THE STAT IN THE SETTLEMENT. THE STATE HAS AGREED TO PROVIDE A RELEASE OF LIABILITY AND CONTRIBUTION PROTECTION IN EXCHANGE FOR A SHARE OF THE CASH SETTLEMENT. - REGION V AND THE STATE NEGOTIATED WHAT THEY BELIEVE TO BE A FAIR SETTLEMENT WITH EVANS REGARDING THE COMPANY'S LIABILI- TY AT THE 6 SITES. THIS SETTLEMENT TAKES INTO ACCOUNT THE COSTS INCURRED AT EACH SITE, THE COSTS EXPECTED TO BE IN- CURRED IN THE FUTURE, EVANS' VOLUMETRIC CONTRIBUTION (WHERE SUCH INFORMATION WAS AVAILABLE) AND THE RESPECTIVE LITIGA- TION RISKS ASSOCIATED WITH THIS MATTER. ACCORDINGLY, THE REGION REFERRED THE MATTER TO THE DEPT. OF JUSTICE WITH THE RECOMMENDATION THAT A STIPULATION AND AGREEMENT BE FILED WITH THE BANKRUPTCY CASE FOR THE PURPOSE OF ALLOWING A LATE FILED CLAIM. PURSUANT TO THE STIPULATION AND AGREEMENT, THE PROCEEDS FROM THIS LATE FILED CLAIM SHOULD BE PAID TO THE EPA AND TO THE MINNEAPOLIS POLLUTION CONTROL AGENCY. IN ORDER TO PROVIDE EVANS WITH CONTRIBUTION PROTECTION IN A SETTLEMENT APPROVED BY AN ARTICLE III COURT, WE ALSO RECOM- MEND THAT THE U.S. ENTER AN AGREED MOTION TO WITHDRAW THE REFERENCE FROM THE BANKRUPTCY COURT. THIS WOULD GIVE THE FEDERAL DISTRICT COURT JURISDICTION TO ENTER THE STIPULATION AND AGREEMENT.

Defendants (1)

• EVANS PRODUCT COMPANYNamed in complaintNamed in settlement

Facilities (1)

• SKYTRACKER PROMOTIONS

  95 W IVY, SAINT PAUL, MN, 55117

  Registry ID: 110003771393

Statutes cited

• CERCLA 122 — Superfund

Enforcement conclusions (1)

• EVANS PRODUCT COentered 1994-10-27

  Primary law: CERCLA

Timeline (7 milestones)

• 1990-12-11Referred To Dept Of Justice
• 1992-08-17Enforcement Action Data Entered
• 1994-09-15Complaint Filed With Court
• 1994-10-27Concluded
• 1994-10-27Final Order Lodged
• 1994-10-27Final Order Entered
• 1994-11-16Enforcement Action Closed