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Interstate Brands Corporation (Bankruptcy)

Judicial · FY2005 · — · Final Order With Penalty · 152205

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Penalty
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Cost recovery
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Compliance action

Case

Case Number
09-2005-0100
Type
Judicial
Lead
EPA
Outcome
Final Order With Penalty
Multimedia
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Self-disclosure
N

Defendants (1)

Summary

This is a request to DOJ to file a proof of claim for civil penalties as a general unsecured claim in the company's Chapter 11 bankruptcy.EPA has entered into a Settlement Agreement with Interstate Brands Corporation ( IBC ) to resolve a nationwide enforcement case involving release of ozone depleting gases. On April 14, 2009, the Department of Justice forwarded the signed Settlement Agreement to IBC so that IBC can obtain final approval from the bankruptcy court. As part of this nationwide case, in 2001 Region IX referred ten California facilities owned by Interstate Brands West Corporation, a wholly owned subsidiary of IBC, to the Justice Department for release of ozone depleting gases from industrial process refrigeration systems. Releases of ozone depleting chemicals are prohibited by Section 608 of the Clean Air Act and regulations promulgated thereunder at 40 C.F.R. Part 82, Subpart F, which limit the rate of equipment leaks in industrial process refrigeration systems. The injunctive relief sought by EPA was retrofit, retirement, or replacement of leaking industrial units. During settlement negotiations, IBC initiated bankruptcy proceedings. On March 17, 2005, DOJ filed a proof of claim for civil penalties as a general unsecured claim in the IBC Chapter 11 bankruptcy. On March 29, 2004, Region 9 received evidence that IBC had retired, retrofitted, or replaced all of the appliances for which EPA alleged violations of the stratospheric ozone regulations. Under the

Source

Authoritative
EPA ECHO
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