EPA v. Casmalia Resources - Kaiser Aluminum (Bankruptcy)

Case summary

This is a judicial Bankruptcy referral, pursuant to chapter 11 of the Bankruptcy code and Section 107 of CERLCA, for recovery of costs associated with response actions at a Superfund Site. Based on approximately 300 manifests maintained by the Casmalia Resources hazardous waste disposal facility, Kaiser Aluminum and Chemical Corp. (KACC) disposed of 6,947,565 pounds of waste containing hazardous substances at Casmalia between 1974 and 1989. The facility is now an NPL listed Superfund Site at which EPA estimates the total cost of cleanup to be $272 million. The referral, and the associated proof of claim, seek recovery of up to $182 million, the unreimbursed portion of these estimated costs, attirbutable to KACC based on the volume of waste it disposed at the Site. Initial contact with DOJ took place 01/16/2003 regarding the need to file a proof of claim by 01/30/2003, with written follow up taking place on 03/10/2003.

Defendants (2)

• Kaiser Aluminum CorporationNamed in complaint
• Kaiser Aluminum and Chemical Corp.Named in complaint

Facilities (1)

• CASMALIA RESOURCES

  NTU RD-539 SAN YSIDRO RD, CASMALIA, CA, 93429

  Registry ID: 110009267532

Statutes cited

• CERCLA 107A — Cost Recovery

Timeline (3 milestones)

• 2003-01-16Referred To Dept Of Justice
• 2003-01-30Complaint Filed With Court
• 2003-08-05Enforcement Action Data Entered