EPA v. WASTECO

Case summary

THIS LETTER REFERS TO YOU FOR YOUR FILING A PROOF OF CLAIM IN THE BANKRUPTCY OF WASTECO, INC. WASTECO, INC. IS A CHAPTER 11 DEBTOR IN THE BANKRUPTCY COURT FOR THE DISTRICT OF MINNESOTA. THE BASIS FOR WASTECO'S LIABILITY TO THE UNITED STATES, AND THE BASIS FOR THE PROOF OF CLAIM, IS THAT WASTECO IS AN OWNER OF REAL PROPERTY WHICH IS PART OF THE WASTE DISPOSAL ENGINEERING (WDE) LANDFILL SITE, IN ANDOVER, MN. REMEDIAL ACTION COSTS HAVE BEEN AND ARE BEING INCURRED REGARDING THE SITE PURSUANT TO CERCLA. ON 7/12/92, THE USEPA NOTIFIED WASTECO, PURSUANT TO SECTION 122 OF CERCLA, THAT IS A PRP FOR IMPLEMENTING REMDIAL ACTION AT THE WDE SITE. EACH PRP, INCLUDING WASTECO, IS JOINTLY AND SEVERLLY LIABLE FOR COSTS ASSOCIATED WITH THE SITE, PURSUANT TO SECTION 107 OF CERCLA, FOR THE RELEASE OF HAZARDOUS SUBSTANCES AT AND FROM THE SITE. ON 9/8/83, THE SITE WAS PLACED ON THE NPL PURSUANT TO SECTION 5 OF CERCLA. CERTAIN PRPS THEN ENTERED INTO A CONSENT ORDER TO CONDUCT A RI/FS. THE RI/FS HAS BEEN COMPLETED, AND THE ROD PUBLISHED. ON 8/2/91, USEPA ISSUED A UNILATERAL ADM ORDER (UAO) TO 28 PARTIES TO CONDUCT THE REMEDIAL DESIGN AND REMEDIAL ACTION, SINCE NO CONSENT DECREE WAS AGREED UPON WITH THE PRPS. ON 9/27/91, I REFERRED TO YOUR OFFICE AN ACTION TO RECOVER FROM 12 PRPS, INCLUDING WASTECO, THE UNREIMBURSED PAST COSTS INCURRED BY THE U.S. AT THE SITE, AND TO OBTAIN A LIABILITY JUDGMENT OR CONSENT DECREE FOR REIMBURSEMENT OF THE U.S'S FUTURE COSTS AT THE SITE. REGARDING THE SITE, THE UNITED STATES' UNREIMBURSED PAST COSTS TO DATE ARE APPROX. $600,000, THE ANTICIPATED FUTURE OVERSIGHT COSTS ARE ESTIMATED AT APPROX. $1 MILLION AND THE COST OF IMPLEMENTING THE RD/RA IS ESTIMATED AT $15 MILLION. PRIOR TO FILING THE COMPLAINT AGAINST THE 12 PRPS, WASTECO FILED FOR CHAPTER 11 BANKRUPTCY PROTECTION. ITS FILING INDICATES THAT SUBSTANTIAL ASSETS EXIST TO SATISFY CERTAIN COSTS AND OBLIGATIONS REGARDING THE SITE. OUR RECOMMENDATION IS THAT A PROOF OF CLAIM BE FILED ON BEHALF OF THE U.S. FOR CERCLA COST INCURRED REGARDING THE SITE. THE CLAIM SHOULD IDENTIFY A $600,000 UNSECURED CLAIM REGARDING PAST COSTS INCURRED WHICH HAVE NOT BEEN REIMBURSED AND AN ADMINISTRATIVE EXPENSE PRIORITY FOR AN ESTIMATED $16 MILLION IN COSTS TO CONDUCT AND OVERSEE THE RD/RA. WITHDREW REFERRAL 1996 - WASTE CO SETTLED WITH OTHER PRPS IN A CONTRIBUTION ACTION.

Defendants (1)

• WASTECONamed in complaint

Facilities (1)

• WAUCONDA SAND & GRAVEL

  BONNER & GARLAND RD, WAUCONDA, IL, 60084

  Registry ID: 110009327022

Statutes cited

• CERCLA 107A — Cost Recovery

Timeline (3 milestones)

• 1992-06-01Enforcement Action Data Entered
• 1992-06-29Referred To Dept Of Justice
• 1992-07-03Complaint Filed With Court