EPA v. SMITH COMPANY OF UVALDE

Case summary

A SUPERFUND REMOVAL ACTION WAS CONDUCTED AT AN AIRSTRIP AND PESTICIDE LOADING FACILITY LOCATED IN BATESVILLE, TEXAS. SCU FILED FOR CHAPTER 11 BANKRUPTCY. EPA INTERVENED IN THE BANKRUPTCY. EPA INTERVENED IN THE BANKRUPTCY PROCEEDING UNDER THE REORGANIZATION PLAN, EPA RECEIVED $570,000 FROM THE ESTATE AND 85% OF WHAT IS LEFT OVER AFTER PAYMENT OF ALL CLASS I AND II EXPENSES. THE ESTATE IS STILL UNDERGOING LIQUIDATION (PROPERTIES, BUSINESSES, AND ASSETS CONTINUE TO BE SOLD); THEREFORE, THE FINAL DOLLAR AMOUNT WHICH WILL BE RECEIVED BY EPA IS NOT KNOWN. THE ESTATE MUST STILL PAY PROPERTY AND OTHER TAXES WHICH HAVE ACCRUED BEFORE AND DISBURSEMENTS WILL BE MADE TO EPA AND UNSECURES CREDITORS. THERE IS NOT EXPECTED TO BE MUCH, IF ANY, MONEY REMAINING IN THE ESTATE AFTER THE PAYMENT OF THE CLASS I AND II EXPENSES.

Defendants (1)

• SMITH COMPANY OF UVALDENamed in complaintNamed in settlement

Facilities (1)

• SMITH CO OF UVALDE

  P O BOX 6, BATESVILLE, TX, 78829

  Registry ID: 110008144748

Statutes cited

• CERCLA 106 — Imminent & Substantial Endangerment Order

Enforcement conclusions (1)

• SMITH COMPANY OF UVALDEentered 1989-09-30

  Primary law: CERCLA

Timeline (7 milestones)

• 1988-11-14Enforcement Action Data Entered
• 1989-06-28Referred To Dept Of Justice
• 1989-09-30Final Order Lodged
• 1989-09-30Final Order Entered
• 1989-09-30Referred TO U.S. Attorney
• 1989-09-30Complaint Filed With Court
• 1989-09-30Concluded