On September 30, 2004, in connection with Chapter 11 bankruptcy proceedings filed by Kaiser Aluminum & Chemical Corporation in the U.S. Bankruptcy Court for the District of Delaware, the Region has issued a parallel Administrative Order on Consent to the above TRC entities, which requires the Respondents to perform and comply with all obligations and liabilities required of Kaiser under a RCRA ? 7003 Consent Order issued in 1995. Under that Order, Kaiser agreed to perform an RFI/CMS, along with Interim Measures. The RFI has been completed and the draft CMS is currently under review.
In August, 2004, Kaiser had filed a motion in the bankruptcy action which requested authorization for Kaiser to enter into an Exit Strategy Contract with TRC, pursuant to which TRC will, among other obligations, assume responsibility for all environmental cleanup activities at the Kaiser Facility, and either TRC or its subsidiary, Ravenswood Holdings Company, LLC, will take title to the Facility. In addition to the work which the TRC entities agreed to undertake under this Section 7003 Order, they also agreed that EPA will not have to prove, nor will they contest, that they are persons subject to and liable under the provisions of Section 7003 of RCRA to take any necessary action with respect to the Facility, including the implementation of the future selected corrective measure(s) for the Facility