On August 18, 2010, the Debtors filed a Chapter 11 Bankruptcy voluntary petition in the U.S. Bankruptcy Court for the District of Delaware. In addition, the Debtors are requesting to sell all their assets, including the CPR facility. The Court has already approved the sale and bidding procedures.
EPA is requesting DOJ to represent EPA in the Bankruptcy action to seek reimbursement of costs incurred and to be incurred by the agency in performing CERCLA response actions with respect to the CPR facility. In addition, EPA is requesting that DOJ make filings in the bankruptcy action related to the CWA UAO and the 1995 RCRA AOC.
On June 2 and 3, the U.S. Bankruptcy Court for the District of Delaware signed orders approving a bankruptcy settlement with the Unites States and three debtors. The primary settlement agreement document, made effective by the 6/3 court order, calls for a payment to the United States (paid June 6), which includes monies to reimburse EPA and U.S. Coast Guard past response costs at the Bayamon oil terminal that had been the location of a catastrophic 2009 explosion and fire, and EPA CWA and RCRA UST penalties.
On August 18, 2010, the Debtor Caribbean Petroleum Corp filed a Chapter 11 Bankruptcy voluntary petition in the U.S. Bankruptcy Court for the District of Delaware. The Colon-Cabrera matter arose after the Liquidation Trust administering the remaining assets of the debtor tried to transfer certain underground storage tanks (USTs) to Colon-Cabr