EPA v. FRUEHAUF CORPORATION

Case summary

THE REFERRAL IS TO REQUEST THAT THE DEPARTMENT OF JUSTICE FILE A PROOF OF CLAIM ON BEHALF OF THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (EPA) IN THE FRUEHAUF CORP. BANKRUPTCY PROCEEDING IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE. THE FILING OF THE CLAIM IS NECESSARY TO PRESERVE THE EPA'S PRESENT AND FUTURE CLAIMS AGAINST FRUEHAUF CORPORATION ( FC ) CONCERNING THE METAMORA LANDFILL SUPERFUND SITE (SITE) UNDER THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT OF 1980, AS AMENDED BY THE SUPERFUND AMENDMENTS AND REAUTHORIZATION ACT OF 1986, 42 U.S.C. SEC. 9601 ET SEQ. (OR CERCLA ). EPA'S CLAIM IS BASED UPON AFI'S LIABILITY FOR THE DISPOSAL OF HAZARDOUS WASTE AT THE SITE. IT IS ESTIMATED THAT A TOTAL OF 9,890,510 GALLONS OF WASTE WAS DISPOSED OF AT THE SITE. APPROXIMATELY 6,814 GALLONS, OR .069% OF THE TOTAL, WAS WASTE GENERATED BY FC. FC WAS ONE OF THE COMPANIES CONTACTED BY EPA IN JANUARY 1991 REGARDING ITS POTENTIAL LIABILITY AT THE SITE. AS NOTED, THE TOTAL REMEDIATION COSTS FOR THE SITE ARE ESTIMATED AT $75 MILLION. FC'S SHARE, BASED ON ITS VOLUMETRIC RANKING, OF THE TOTAL COST IS .069% OR $51,750. NOTHING NEW --WAITING FOR DOJ TO NOTIFY US AS TO DISTRI- BUTION (IF ANY).

Defendants (1)

• FRUEHAUF CORP.

Facilities (1)

• WAUCONDA SAND & GRAVEL

  BONNER & GARLAND RD, WAUCONDA, IL, 60084

  Registry ID: 110009327022

Statutes cited

• CERCLA 107A — Cost Recovery

Timeline (3 milestones)

• 1997-02-01Enforcement Action Data Entered
• 1997-02-24Referred To Dept Of Justice
• 1997-03-17Complaint Filed With Court