EPA v. ENVIROPUR WEST CORPORATION

Case summary

THIS REFERRAL IS TO DOCUMENT A PRIOR ORAL REQUEST THAT A PROOF OF CLAIM BE FILED IN THE ENVIROPUR WEST CORPORATION BANKRUPTCY TO RECOVER RESPONSE COSTS INCURRED AT THE ENVIROPUR WEST CORPORATION SUPERFUND SITE LOCATED IN SIGNAL HILL, CALIFORNIA. THE BANKRUPTCY COURT HAS IMPOSED A DEADLINE OF FEBRUARY 19, 1997 FOR THE FILING OF A PROOF OF CLAIM AND A DEADLINE OF MARCH 19, 1997 FOR FILING AN APPLICATION FOR ALLOWANCE OF ADMINISTRATIVE EXPENSE. WE REQUEST THAT THE PROOF OF CLAIM BE FILED AS A CHAPTER 11 ADMINISTRATIVE EXPENSE CLAIM FOR RESPONSE COSTS INCURRED, AND TO BE INCURRED, BY THE UNITED STATES IN CONNECTION WITH THE ENVIROPUR SITE LOCATED IN SIGNAL HILL, CALIFORNIA; BUT TO THE EXTENT THAT ADMINISTRATIVE PRIORITY IS DENIED, A PROOF OF CLAIM BE FILED IN THE ALTERNATIVE AS A GENERAL UNSECURED CLAIM. THIS REFERRAL SEEKS RECOVERY OF APPROXIMATELY $1.74 MILLION FOR COSTS INCURRED OR TO BE INCURRED BY EPA UNDER THE CERCLA ACT OF 1980, AS AMENDED FOR AN EMERGENCY REMOVAL OF HAZARDOUS SUBSTANCES AT THE ENVIROPUR WEST CORPORATION FACILITY IN SIGNAL HILL, CALIFORNIA. EPA IS AWARE THAT IT WILL ROCOVER ONLY A PORTION OF THIS CLAIM IN THE FINAL DISTRIBUTION OF THE BANKRUPTCY ESTATE. HOWEVER, EPA BELIEVES THAT AS A MATTER OF FAIRNESS TO OTHER POTENTIALLY RESPONSIBLE PARTIES IN THE CASE AND BECAUSE THE EFFORT INVOLVED IN FILING THE APPLICATION IS MINIMAL, THE AGENCY SHOULD SEEK ANY AVAILABLE AMOUNT FROM THE DISTRIBUTION OF THE ESTATE. EPA IS ALSO PURSUING RECOVERY OF ITS COSTS FROM OTHER POTENTIALLY RESPONSIBLE PARTIES. CASE NUMBER: LA 96-23683-SB JUDGE SAMUEL L. BUFFORD OF THE U.S. BANKRUPTCY COURT SIGNED ORDER APPROVING COMPROMISE OF CLAIMS ON 03/13/98, ASSESSING PAYMENT BY DEBTOR'S ESTATE OF $30,000.

Defendants (1)

• ENVIROPUR WEST CORPORATIONNamed in complaintNamed in settlement

Facilities (1)

• ENVIROPUR WEST CORPORATION

  1835 E 29TH ST, SIGNAL HILL, CA, 908061830

  Registry ID: 110000610269

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• ENVIROPUR WEST CORPORATIONentered 1998-03-13

  Primary law: CERCLA

Timeline (7 milestones)

• 1996-08-29Enforcement Action Data Entered
• 1997-03-11Referred To Dept Of Justice
• 1997-07-14Complaint Filed With Court
• 1998-03-13Final Order Lodged
• 1998-03-13Final Order Entered
• 1998-03-13Concluded
• 1998-05-15Enforcement Action Closed