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05-2000-0363JudicialClosedFY 2000· Region 05

EPA v. MIDWEST PORTLAND CEMENT

Final Order With Unspecified Cost Recovery

Case summary

REFERRAL TO DOJ TO FILE PROOF OF CLAIM FOR EPA RESPONSE COSTS IN MIDWEST PORTLAND CEMENT'S BANKRUPTCY. The Dec. 20, 1999 complaint was a proof of claim filed by DOJ on behalf of EPA in bankruptcy court for the Western District of Pennsylvania, where a creditor of Midwest Portland Cement filed an involuntary Chapter 7 liquidation petition against Midwest Portland Cement. Through the bankruptcy, EPA recovered $350,000 under a prospective purchaser agreement with the winning bidder of an auction for the site held by the trustee in 2002. The bankruptcy case was closed on Nov. 15, 2004 without further recovery of the remaining claims by EPA. EPA had about $350,000 in unrecovered costs after the bankruptcy.

Defendants (5)

  • ATEC, INC.Named in complaint
  • FILTROL, INC.Named in complaint
  • MIDWEST PORTLAND CEMENTNamed in complaintNamed in settlement
  • PPG, INC.Named in complaint
  • STANDARD MACHINE & EQUIPMENT CO., INC.Named in complaint

Facilities (1)

  • MIDWEST PORTLAND CEMENT CO

    6400 MAYSVILLE PIKE, EAST FULTONHAM, OH, 43735

    Registry ID: 110004622150

Statutes cited

  • CERCLA 107ACost Recovery

Enforcement conclusions (1)

  • MIDWEST PORTLAND CEMENTentered 2004-11-15

    Primary law: CERCLA

Timeline (6 milestones)

  • 1999-11-05Referred To Dept Of Justice
  • 1999-12-20Complaint Filed With Court
  • 2000-07-10Enforcement Action Data Entered
  • 2004-11-15Final Order Entered
  • 2004-11-15Final Order Lodged
  • 2004-12-31Enforcement Action Closed

Case metadata

EPA activity ID
32377
Case number
05-2000-0363
Lead agency
EPA
HQ division
CER
Branch
MMBI
EPA region
05
Multimedia
No
Voluntary self-disclosure
No
Primary statute
Cost Recovery

Sourced verbatim from EPA ECHO Enforcement Case Report for case 05-2000-0363 . Bulk data: ICIS-FEC download summary.

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.