EPA v. EVANS PRODUCTS COMPANY

Case summary

ON SEPTEMBER 14, 1992, REGION VIII BECAME AWARE THAT EVANS PRODUCTS COMPANY (EPC) HAD DECLARED BANKRUPTCY UNDER CHAPTER 11 OF THE UNITED STATES BANKRUPTCY CODE. AS OF JANUARY 28, 1992, THE DATE OF THE REGION'S REFERRAL TO THE DEPARTMENT OF JUSTICE, EPC HAD NOT BEEN NAMED AS A POTENTIALLY RESPONSIBLE PARTY (PRP) AT THE LOWRY LANDFILL SUPERFUND SITE, LOCATED IN ARAPAHOE COUNTY, COLORADO. HOWEVER, RIVIERA CABINETS, INC (RC), WHICH APPEARS TO HAVE BEEN AFFILIATED WITH EPC SEVERAL YEARS BEFORE EPC AND SEVERAL OTHER AFFILIATES FILED FOR PROTECTION UNDER UNITED STATES BANKRUPTCY LAWS, IS A PRP AT THE SITE. AS THE REGION UNDERSTANDS IT, EPC WISHES TO RESOLVE ANY LIABILITY IT MIGHT HAVE AT THE SITE AS A PARENT OF RC. THE UNITED STATES HAS INCURRED PAST RESPONSE COSTS AND WILL INCUR FUTURE RESPONSE COSTS AT THE SITE CONSISTENT WITH THE CERCLA ACT OF 1980, AS AMENDED, AND NCP. IN OUR REFERRAL TO DOJ, THE REGION REQUESTED THAT DOJ INCLUDE A CLAIM FOR CERCLA RESPONSE COSTS EXPENDED AND TO BE EXPENDED AT THE SITE IN THE BANKRUPTCY CLAIM THE UNITED STATES HAS AGAINST EPC AND IN ANY BANKRUPTCY SETTLEMENT WHICH THE UNITED STATES MAY REACH WITH EPC. ALSO, IN OUR REFERRAL, THE REGION AGREED THAT RECOVERY THROUGH A SETTLEMENT OF THE CLAIM OF AN ALLOWED, ESTIMATED VALUE OF $6,000 WOULD RELEASE EPC FROM ANY AND ALL LIABILITY IT MAY HAVE UNDER SECTIONS 106 AND 107 OF CERCLA AND SECTION 7003 OF THE RESOURCE CONSERVATION AND RECOVERY ACT (RCRA) AT THE SITE. HOWEVER, ACCORDING TO THE REGION'S INFORMATION, EPC CEASED ITS AFFILIATION WITH RC LONG BEFORE THE FILING OF THE EPC BANKRUPTCY PETITION. THE REGION HAS ALSO LEARNED THAT RC STILL EXISTS AS A DELAWARE CORPORATION REGISTERED TO DO BUSINESS IN THE STATE OF FLORIDA. THE REGION HAS THEREFORE INFORMED DOJ THAT IT IS IMPORTANT THAT ANY BANKRUPTCY SETTLEMENT WITH EPC NOT FORECLOSE ACTION AGAINST RC, EITHER BY EPA OR BY THE PRP'S AT THE SITE. DOJ IS OF THE OPINION THAT THE SETTLEMENT DOCUMENT IT HAS BEEN NEGOTITATING WITH EPC COULD NOT BE CONSTRUED TO GRANT A RELEASE TO RC (IE THE DELAWARE CORPORATION).

Defendants (1)

• EVANS PRODUCTS COMPANYNamed in complaintNamed in settlement

Facilities (1)

• LOWRY LANDFILL

  4200 S GUN CLUB RD, AURORA, CO, 80018

  Registry ID: 110009270920

Statutes cited

• CERCLA 107A — Cost Recovery
• CERCLA 106A — Imminent & Substantial Endangerment Order

Enforcement conclusions (1)

• EVANS ASSET HOLDING COMPANYentered 1994-08-25

  Primary law: CERCLA

Timeline (7 milestones)

• 1992-09-14Enforcement Action Data Entered
• 1993-01-28Referred To Dept Of Justice
• 1994-02-02Complaint Filed With Court
• 1994-08-25Final Order Lodged
• 1994-08-25Final Order Entered
• 1994-08-25Concluded
• 1994-08-25Enforcement Action Closed