EPA v. METATE ASBESTOS CORP - BANKRUPTCY

Case summary

THIS CASE IS A COMPANION CASE TO 09-82-E006. THE ORIG- INAL IS A CIVIL ACTION WHEREAS THIS CASE IS A BANKRUPTCY ACT ION. TOTAL CLAIMS SOUGHT: $2,297,000 TOTAL RECOVERED : CONFESSION OF JUDGEMENT $7 MI TOTAL SPENT : $7,000,000 THE METATE ASBESTOS CORPORATION CERCLA CIVIL ACTION WAS FILED 5/13/83. IN 1975 THE COMPANY AND ITS OWNERS, G. AND J. NEAL, DEVELOPED A MOBILE HOME SUBDIVISION ON THE SITE OF THE TAILINGS FROM THE ASBESTOS MINE THEY OPERA- TED UNTIL 1974. IN 1979, THE STATE & IN 1980.THE STATE THE HOMES WERE PLACED ON THE ASBESTOS. IN 1980 THE STATE DECLARED A STATE OF EMERGENCY AT THE SITE WHEN ORDERS FOR CLEANUP WERE UNSUCCESSFUL. FROM THE METATE SITE WAS THE JAQUAYS MINING COMPANY. ASBES- TOS TAILINGS FROM JAQUAYS BLEW ONTO THE METATE MOBILE HOME PARK. ON 5/13/83, EPA SUED THE METATE ASBESTOS CORP. THE NEALS AND THE JAQUAYS MINING CO. UNDER CERCLA SECTS 106, 107 & 104, RCRA SECT 7003 AND CAA SECT 303. EPA GOT A $7 MIL- LION JUDGMENT AGAINST METATE & THE NEALS. EPA SETTLED WITH THE JAQUAYS, WHO STOPPED OPERATING THEIR FACILITY AND BU- RIED THE ASBESTOS TAILINGS. EPA CLEANED UP THE METATE SITE AND EPA BOUGHT OUT THE OWNERS OF THE MOBILE HOMES. THE CRCLA SECT 106,107 CASE AGAINST THE JAQUAYS WAS CLOSED AFTER SETTLEMENT IN 1985. PRIOR TO FILING THE CASE AGAINST THE NEALS AND METATE, THEY DECLARED BANKRUPTCY. EPA FILED A PROOF OF CLAIM ON 8-11-83 AND A COMPLAINT FOR DECLARATORY JUDGEMENT ON 8/14/83. EPA FILED THE JUDGMENT IN THE CERCLA CASE AGAINST NEALS/METATE IN THE BANKRUPTCY COURT. EPA ASKED THE COURT TO HOLD THE BANKRUPTCY IN ABE- YANCE WHILE EPA LEARNED WHETHER THE NEALS OWNED ADDITIONAL ASSETS. THE CASE REMAINS PENDING UNTIL PROBATE OF THE NEAL ESTATE IS CONCLUDED.

Defendants (3)

• METATE ASBESTOS CORPORATIONNamed in complaintNamed in settlement
• NEAL, GERALDINENamed in complaintNamed in settlement
• NEAL, JACKNamed in complaintNamed in settlement

Facilities (1)

• MOUNTAIN VIEW MOBILE HOME ESTATES

  RTE 77, GLOBE, AZ, 85501

  Registry ID: 110009265810

Statutes cited

• CERCLA 107 — Superfund

Enforcement conclusions (1)

• METATE ASBESTOS CORP - BANKRUPTCYentered 1987-05-01

  Primary law: CERCLA

Timeline (7 milestones)

• 1982-09-27Referred To Headquarters
• 1982-09-30Referred To Dept Of Justice
• 1983-08-11Complaint Filed With Court
• 1987-05-01Final Order Lodged
• 1987-05-01Final Order Entered
• 1987-05-01Concluded
• 1987-05-01Enforcement Action Closed