← EPA enforcement cases

Lyondell Chemical Company, Inc. et al. (NC)(NLP)

Judicial · FY2009 · — · Final Order With Specified Cost Recovery · 1800006206

—
Penalty
—
Cost recovery
—
Compliance action

Case

Case Number
02-2009-0015
Type
Judicial
Lead
EPA
Outcome
Final Order With Specified Cost Recovery
Multimedia
—
Self-disclosure
N

Defendants (5)

Summary

Defendant and 93 affiliates filed for bankruptcy under Chapter 11. Several affiliates are potentially responsible parties under CERCLA Section 107 for costs incurred and to be incurred by EPA with regard to the Diamond Alkali Site, Lower Passaic River Study Area (LPRSA). EPA handled this matter as a national case, filing a proof of claim for numerous sites including the LPRSA, and pursuing both a general unsecured claim for unreimbursed response costs and a position that injunctive obligations would not be discharged in bankruptcy. In the bankruptcy settlement agreement, the United States resolved EPA's claims for the LPRSA by agreeing to allowed claim amounts against three affiliates. In addition, the debtors agreed to make a cash payment for the LPRSA, as part of the resolution of a dispute between the US and debtors concerning EPA's position on dischargeability of injunctive obligations. Region 2 anticipates that the money received on account of the allowed claim will be placed into the Special Account for the Diamond Alkali Site and will be used by EPA in the performance of the focused feasibility study for the LPRSA, and possibly additional site study/planning work. Exactly how the funds are used will depend on the timing of the bankruptcy distributions and the actual amount received by Region 2. The cash payment will be applied as a credit against the obligations of the LPRSA Cooperating Parties Group (CPG) to pay EPA's oversight costs for the remedial investigat

Source

Authoritative
EPA ECHO
Machine
JSON-LD · Markdown