EPA v. ANGLO METALS, INC. D/B/A/ ANGLO IRON & METALS COMPANY

Case summary

1. DEBTOR-IN POSSESSION, IN THE UNITED STATES BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF TEXAS CORPUS CHRISTI DIVISION CASE NO. 96-24999-C-11. 2. ANGLO METALS, INC. D/B/A ANGLO IRON & METALS COMPANY 2 SOUTH 21ST STREET HARLINGON, HIDALGO COUNTY, TEXAS 3. AN ADMINISTRATIVE COMPLAINT WAS FILED AGAINST ANGLO IRON & METAL CO. ON FEB. 11, 1994, FOR TSCA VIOLATIONS. THE COMPLAINT WAS FOR VIOLATIONS OF THE PCB REGULATIONS FOUND AT 40 CFR PART 761. AS A RESULT OF AN IMPASSE IN SETTLEMENT NEGOTIATIONS ALJ BULLOCK URGED THE PARTIES TO PURSUE AN ALTERNATIVE DIS- PUTE RESOLUTION. THE PARTIES PARTICIPATED IN A MEDIATION OF THE MATTER ON JUL. 18, 1996. THE PARTIES AGREED UPON A SETTLEMENT IN PRINCIPLE AT THE TIME OF MEDIATION; HOW- EVER, THE RESPONDENT WAS INFORMED THAT BEFORE A CONSENT AGREEMENT AND CONSENT ORDER (CACO0 COULD BE FULLY EXECUT- ED RESPONDENT HAD TO BE IN COMPLIANCE WITH THE PCB REGU- LATIONS WHICH WERE THE SUBJECT OF THE COMPLAINT. AT THE TIME OF THE MEDIATION RESPONDENT WAS NOT IN COMPLIANCE. ALJ BULLOCK ISSUED AN ORDER DATED DEC. 5, 1996, DIRECT- ING THE PARTIES TO FILE A RATIFIED CACO ON OR BEFORE JAN. 30, 1997. AT THE TIME OF THIS ORDER, RESPONDENT WAS IN THE PROCESS OF CLEANING UP THE SITE. EPA CONTACTED RE- SPONDENT IN JAN. 1997 REGARDING THE STATUS OF THE CLEAN- UP AND THE JUDGE'S DEC. ORDER. IN JAN. 1997, RESPONDENT WAS STILL IN THE PROCESS OF CLEANING THE SITE UP, BUT HAD NOT COMPLETED THE CLEAN-UP AT THAT TIME. THE PARTIES CAME TO AN AGREEMENT THAT A JOINT MOTION FOR EXTENSION OF TIME TO FILE THE RATIFIED CONSENT AGREEMENT AND FINAL ORDER (CAFO) WOULD BE FILED IN RELATION TO THIS CASE. THE JOINT MOTION WAS FILED ON JAN. 29, 1997. IN THE JOINT MOTION IT WAS EXPLAINED TO JUDGE BULLOCK THAT A COMPANY MUST BE IN COMPLIANCE BEFORE THE CACO CAN BE FULLY EXECUTED. AT THIS POINT DURING DISCUSSIONS WITH RESPONDENT'S COUN- SEL REGARDING THE JOINT MOTION, IT WAS MENTIONED THAT RE- SPONDENT HAD FILED FOR BANKRUPTCY IN NOV. 1996. WHITTLE, GONZALES, HADA, & CAPELO IS REPRESENTING RESPONDENT IN BOTH CAUSES OF ACTION DISCUSSED HEREIN. JUDGE BULLOCK GRANTED THE PARTIES' JOINT MOTION AND IS- SUED AN ORDER DATED FEB. 4, 1997, IN WHICH HE ORDERED THE PARTIES TO FILE A RATIFIED CAFO BY MAR. 17, 1997. EPA HAS WORKED WITH RESPONDENT'S CONTRACTOR IN RELATION TO THE CLEAN-UP OF THE SITE DURING THE ENTIRE PENDENCY OF THE CLEAN-UP. COUNSEL FOR COMPLAINANT IN THE TSCA ADMINISTRATIVE PRO- CEEDING LEARNED OF RESPONDENT'S BANKRUPTCY ACTION ON MAR. 7, 1997. COUNSEL FOR COMPLAINANT HAS NOT BEEN ABLE TO FIND ANY BANKRUPTCY PETITION WHICH MAY HAVE BEEN SENT TO COMPLAINANT. SHE HAS DISCOVERED SOME MOTIONS WHICH HAVE BEEN FILED IN THE BANKRUPTCY CASE WHICH WERE SENT TO GEN- ERAL EPA REGION 6 ADDRESS WITH NO SPECIFIC INDIVIDUAL LISTED AS A CONTACT PERSON. THE FIRST MOTION SHE HAS BEEN ABLE TO FIND IS DATED FEB. 26, 1997, APPROXIMATELY ONE MONTH AFTER JOINT MOTION WAS FILED. SINCE EPA HAS BECOME AWARE OF RESPONDENT'S BANKRUPTCY IT HAS CONTACTED RESPONDENT'S COUNSEL SEVERAL TIMES TO DE- TERMINE THE STATUS OF THE BANKRUPTCY AND REQUESTED THAT RESPONDENT SENT IT DOCUMENTATION IN RELATION TO THE BANK- RUPTCY, I.E., THE PETITION FOR BANKRUPTCY,THE BAR DATE, SCHEDULES THAT WERE FILED WITH THE PETITION, AND ANY RE- ORGANIZATION PLAN THAT MAY HAVE BEEN FILED. EPA HAS NOT RECEIVED ANY DOCUMENTATION FROM RESPONDENT AS OF THIS DATE. A MOTION TO STAY THE ADMINISTRAT

Defendants (1)

• ANGLO METALS, INC. D/B/A ANGLO IRON & MENamed in complaintNamed in settlement

Facilities (1)

• ANGLO IRON & METAL

  2813 W HWY 83, HARLINGEN, TX, 78551

  Registry ID: 110010698708

Statutes cited

• TSCA 151C — Toxic Sub Control Act

Enforcement conclusions (1)

• ANGLO METALS, INC, D/B/A ANGLO IRON & METALentered 1997-09-02

  Primary law: TSCA

Timeline (7 milestones)

• 1994-02-11Enforcement Action Data Entered
• 1997-03-27Referred To Dept Of Justice
• 1997-09-02Final Order Lodged
• 1997-09-02Final Order Entered
• 1997-09-02Complaint Filed With Court
• 1997-09-02Concluded
• 1997-10-27Enforcement Action Closed