EPA v. LENZ OIL SERVICES, INC - KMART CORPORATION - BANKRUPTCY (CERCLA)

Case summary

'THIS MATTER INVOLVES ADMINISTRATIVE CLAIMS BY EPA AGAINST KMART AT THE LENZ OIL SUPERFUND SITE, LOCATED NEAR LEMONT, IN DUPAGE COUNTY, IL. KMART WAS A CASHOUT SETTLER IN THE RD/RA CONSENT DECREE NEGOTIATED WITH 47 OTHER PRPS. BEFORE DOJ COMPLETED ITS REVIEW AND FINAL APPROVAL OF THE LENZ SETTLEMENT, KMART FILED A VOLUNTARY PETITION FOR PANKRUPTCY REORGANIZATION ON JANUARY 22, 2002. KMART REFUSED TO CONTINUE TO BE A PART OF THE SETTLEMENT AND THE US SOUGHT AND OBTAINED REAUTHORIZATION OF THE SETTLEMENT FROM THE REMAINING 47 PARTIES. THIS REFERRAL RECOMMENDS PURSUING COST CLAIMS AGAINTS KMART AT THE ESTIMATED VALUE OF THE ORPHAN SHARE CREDIT THAT WAS GIVEN TO THE OTHER 47 PRPS IN THE RD/RA CONSENT DECREE

Defendants (1)

• KMART CORPORATIONNamed in complaintNamed in settlement

Facilities (1)

• LENZ OIL SERVICE, INC.

  STATE ROUTE 83 AND JEANS RD, LEMONT, IL, 60439

  Registry ID: 110060507508

Statutes cited

• CERCLA 106A — Imminent & Substantial Endangerment Order

Enforcement conclusions (1)

• LENZ OIL SERVICES - KMART BANKRUPTCY SETTLEMENTentered 2003-07-15

  Primary law: CERCLA

Timeline (5 milestones)

• 2002-07-26Complaint Filed With Court
• 2002-07-26Referred To Dept Of Justice
• 2002-10-30Enforcement Action Data Entered
• 2003-04-11Final Order Lodged
• 2003-07-15Final Order Entered