EPA v. KUHLMAN DIECASTING COMPANY (BANKRUPTCY ACTION)

Case summary

THIS IS AN EXPEDITED REFERRAL TO SECURE AN ORDER FROM THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF KANSAS REQUIRING KUHLMAN DIECASTING COMPANY (KUHLMAN) TO USE ASSETS TO COMPLY WITH THE TERMS OF A CONSENT AGREEMENT AND CONSENT ORDER WHICH KUHLMAN ENTERED INTO WITH EPA IN SETTLEMENT OF ENFORCEMENT PROCEEDINGS INITIATED PURSUANT TO SECTION 3008(A) RCRA. KUHLMAN FILED A VOLUNTARY PETITION UNDER CHAPTER 11 OF TITLE 11 OF THE UNITED STATES CODE ON 11/29/90. PURSUANT TO SECTION 1107 AND 1108 OF THE CODE, KUHLMAN HAS ACTED AS DEBTOR IN POSSESSION SINCE THAT DATE. KUHLMAN IS PRESENTLY ENGAGED IN WINDING DOWN ITS OPERATIONS AND PLANS TO LIQUIDATE ALL OF ITS ASSETS. THE PRIMARY PURPOSE OF THIS REFERRAL IS TO INSURE THAT THE KUHLMAN FACILITY IS BROUGHT INTO COMPLIANCE WITH ALL APPLICABLE ENVRIONMENTAL LAWS AND REGULATIONS, SPECIFICALLY, RCRA GROUNDWATER MONITORING, CLOSURE, AND, IF NECESSARY, CORRECTIVE ACTION REQUIREMENTS. PRIOR TO THE FILING OF THE CHAPTER 11 CASE, KUHLMAN OWNED AND OPERATED A DIECASTING AND METAL MANUFACTURING FACILITY AT 164TH AND MISSION ROAD, STANLEY, JOHNSON COUNTY, KS.

Defendants (1)

• KUHLMAN DIECASTING COMPANYNamed in complaint

Facilities (4)

• KUHLMAN DIECASTING COMPANY

  164TH & MISSION ROAD, STANLEY, KS, 66223

  Registry ID: 110002075646

• KUHLMAN DIECASTING COMPANY

  164TH & MISSION ROAD, STANLEY, KS, 66223

  Registry ID: 110002075646

• KUHLMAN DIECASTING COMPANY

  164TH & MISSION ROAD, STANLEY, KS, 66223

  Registry ID: 110002075646

• KUHLMAN DIECASTING COMPANY

  164TH & MISSION ROAD, STANLEY, KS, 66223

  Registry ID: 110002075646

Statutes cited

• RCRA 3008A — Compliance Order: Injunctive & Penalty

Timeline (5 milestones)

• 1990-01-01Enforcement Action Data Entered
• 1991-01-03Referred To Dept Of Justice
• 1991-09-30Complaint Filed With Court
• 1991-09-30Concluded
• 1991-09-30Enforcement Action Closed