EPA v. COLORADO CHEM-PAK, INC.

Case summary

ON 07/09/92, EPA ISSUED A COMPLAINT TO COLORADO CHEM-PAK, INC., FOR FAILURE TO FILE ANNUAL PESTICIDE PRODUCTION REPORTS FOR 1991 AND 1990. THE RESPONDENT ANSWERED THE COMPLAINT AND DENIED ALL ALLEGATIONS AND REQESTED AN INFORMAL CONFERENCE TO SETTLE THE MATTER. IN A TELEPHONE SETTLEMENT CONFERENCE ON 08/18/92, THE RESPONDENT STATED THAT INFORMATION WOULD BE SUBMITTED ON BEHALF OF THE RESPONDENT IN FURTHERANCE OF SETTLEMENT. NO INFORMATION WAS RECEIVED BY EPA AS OF 09/29/92, AND A LETTER WAS SENT. ON 10/05/92, AN INTERNAL OFFICE MEMORANDUM WAS RECEIVED WHICH LISTED RECENT BANKRUPTCY NOTICES AND FILINGS. THE RESPONDENT, COLORADO CHEM-PAK, INC. WAS LISTED UNDER CHAPTER 11 FILINGS. THE RESPONDENT HAD FILED THIS PETITION ON 03/31/92, AND TO DATE HAS NOT BEEN FINALIZED. AT NO TIME DURING SETTLEMENT NEGOTIATIONS HAD THE RESPONDENT INFORMED EPA THAT RESPONDENT HAD FILED A PETITION FOR BANKRUPTCY. BY THIS REFERRAL, EPA SEEKS A DECLARATION FROM THE BANKRUPTCY COURT THAT THIS ACTION DOES NOT VIOLATE THE AUTOMATIC STAY UNDER 11 U.S.C. SECTION 362 B4, AND PERMISSION FROM THE BANKRUPTCY COURT TO FILE A LATE CLAIM SO THAT EPA MAY GO FORWARD TO OBTAIN A JUDGEMENT OR SETTLEMENT ADMINISTRATIVELY.

Defendants (1)

• COLORADO CHEM-PAK, INC.Named in complaint

Facilities (1)

• COLORADO CHEM-PAK INC

  6050 E 58TH AVE, COMMERCE CITY, CO, 80022

  Registry ID: 110010750534

Statutes cited

• FIFRA 14A — Fed. Insect, Fung & Rod Act

Timeline (5 milestones)

• 1992-06-01Enforcement Action Data Entered
• 1992-12-10Referred To Dept Of Justice
• 1993-08-10Complaint Filed With Court
• 1994-03-07Concluded
• 1994-03-07Enforcement Action Closed