EPA v. INDIAN BEND WASH - ARDEN PROPERTIES BANKRUPTCY

Case summary

THIS IS A REFERRAL TO DOJ ASKING THAT A CLAIM BE FILED IN BANKRUPTCY COURT. THE MATTER ARISES FROM A PREVIOUS ACTION FILED AGAINST ARDEN PROPERTIES AND SEVERAL OTHER PARTIES FOR THEIR CONTRIBUTION OF PCE AND TCE CONTAMINANTS TO THE GROUNDWATER AT THE INDIAN BEND WASH SUPERFUND SITE. ARDEN PROPERTIES IS AN ARIZONA S-CORPORATION WHOSE SOLE ASSET IS IMPROVED, BUT CONTAMINATED REAL PROPERTY IT ACQUIRED IN 1994. THAT PROPERTY IS CONSIDERED TO BE A SUB-SITE OF THE LARGER INDIAN BEND WASH SUPERFUND SITE. THE CERCLA ACTION AGAINST ARDEN SEEKS PAST AND FUTURE RESPONSE COSTS FOR SITE CLEANUP, AS WELL AS THE VOIDING OF CERTAIN FRAUDULENT LAND CONVEYANCES. EPA'S TOTAL CLAIM IS APPROXIMATELY $34,000,000. BECAUSE ARDEN HAS NOW FILED FOR BANKRUPTCY, EPA SEEKS TO PRESERVE ITS CLAIM TO ARDEN'S ASSETS FOR SATISFACTION OF RESPONSE COSTS.

Defendants (1)

• ARDEN PROPERTIES INCORPORATEDNamed in complaintNamed in settlement

Facilities (1)

• INDIAN BEND WASH AREA

  MCDOWELL RD & HAYDEN, SCOTTSDALE, AZ, 85253

  Registry ID: 110009265892

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• INDIAN BEND WASH - ARDEN BANKRUPTCY SETTLEMENTentered 2000-05-02

  Primary law: CERCLA

Timeline (6 milestones)

• 1999-01-10Referred To Dept Of Justice
• 1999-02-01Complaint Filed With Court
• 1999-04-27Enforcement Action Data Entered
• 2000-04-03Final Order Lodged
• 2000-05-02Final Order Entered
• 2000-05-02Concluded