EPA v. R.C. DICK GEOTHERML CORP.

Case summary

THIS REFERRAL REQUESTS THAT THE DEPARTMENT OF JUSTICE FILE A PROOF OF CLAIM ( POC ) ON BEHALF OF THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY ( EPA ) IN A CONSOLIDATED BANKRUPTCY MATTER PENDING IN THE NORTHERN DISTRICT OF CALIFORNIA. EPA IS SEEKING TO RECOVER RESPONSE COSTS INCURRED BY EPA AT THE SONOMA GEOTHERMAL WELL SUPERFUND SITE ( SGW SITE ), LOCATED IN A REMOTE LOCATION IN NORTHERN SONOMA AND SOUTHERN MENDOCINE COUNTIES, CALIFORNIA. ON OR ABOUT MAY 23, 1997, THE TRUSTEE FILED A NOTICE OF TRUSTEE'S INTENT TO ABANDON REAL PROPERTY, ( NOTICE ) SEEKING THE PERMISSION OF THE BANKRUPTCY COURT TO ABANDON ALL OF THE BANKRUPTCY ESTATE'S RIGHT, TITLE, AND INTEREST IN THE APPROXIMATELY 1100 ACRES OF REAL PROPERTY THAT COMPRISE THE SGW SITE. TO AVOID POTENTIALLY COMPLICATED LITIGATION, THE UNITED STATES, THE STATE OF CALIFORNIA, AND THE TRUSTEE REACHED AN AGREEMENT IN PRINCPLE WHEREBY THE TRUSTEE WILL PERMIT THE UNITED STATES (AND IN ALL LIKELIHOOD THE STATE OF CALIFORNIA) TO FILE A LATE POC FOR AN ADMINISTRATIVE CLAIM WITHOUT OBJECTION AND THEREAFTER PAY TO TH E UNITED STATES AND THE STATE OF CALIFORNIA, IN EQUAL SHARES, ALL FUNDS REMAINING IN THE ESTATE AFTER PAYMENT OF THE TRUSTEE'S FEES AND EXPENSES (ESTIMATED TO BE APPROXIMATELY $100,000 - $120,000). THE DEBTOR WAS A FORMER GEOTHERMAL OPERATOR IN THE SONOMA COUNTY AREA. THE SGW SITE IS AN IDLE GEOTHERMAL PRODUCTION FIELD COMPRISING APPROIMATELY 1100 ACRES IN A REMOTE LOCATION IN NORTHERN SONOMA AND SOUTHERN MENDOCINO COUNTIES WHICH HAS BEEN INOPERATIVE SINCE 1989. AS A RESULT, MANY OF THE GEOTHERMAL WELLS AND WELL CASINGS IN THE WELL FIELD WERE BEGINNING TO BADLY DETERIORATE AND CORRODE. EPA DETERMINED THAT IMMEDIATE RESPONSE ACTIONS WERE NECESSARY TO STABILIZE THE WELL FIELD AND PREVENT THE POTENTIAL DISCHARGE OF SIGNIFICANTLY LARGE QUANTITIES OF H2S AND AN ACTION MEMORANDUM WAS SIGNED ON OR ABOUT APRIL 16, 1997. ON OR ABOUT MAY 12, 1997, EPA MOBILIZED TO PERFORM REPONSE ACTION ON 21 OF THE WELL LOCATED IN THE WELL FIELD. EPA PERFORMED WORK AT THE SGW SITE FOR APPROXIMATELY ELEVEN WEEKS, COMPLETING ITS WORK DURING THE WEEK OF JULY 25, 1997. RESPONSE ACTIONS PERFORMED AT THE SGW SITE INCLUDED REPAIRS TO AN ACCESS ROAD, EVALUATION OF VARIOUS WELLS, AND PROPER WELL ABANDONMENT ACTIVITIES. EPA INCURRED APPROXIMATELY $1.2 MILLION AT THE SGW SITE.

Defendants (1)

• R.C. DICK GEOTHERMAL CORP.Named in complaintNamed in settlement

Facilities (1)

• GEOTHERMAL WETLAND SITE

  APPROX 1,100 ACRES IN N SONOMA & S MENDOCINO CNTY, SONOMA, CA, 95476

  Registry ID: 110010628142

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• R.C. DICK GEOTHERMAL - BANKRUPTCY SETTLEMENTentered 1998-01-23

  Primary law: CERCLA

Timeline (6 milestones)

• 1997-09-23Referred To Dept Of Justice
• 1997-10-01Enforcement Action Data Entered
• 1998-01-06Complaint Filed With Court
• 1998-01-20Final Order Lodged
• 1998-01-23Final Order Entered
• 1998-01-23Concluded