The Defendant, a potentially responsible party at the JJW Metal Recycling Fire Superfund Site filed for bankruptcy in November 2020 without notifying EPA. EPA is filing a late proof of claim in the bankruptcy for $492,944.27 in response costs related to air monitoring and a pre-remedial investigation conducted at the Site.
Settlement entered on November 8, 2022 that allows for the recovery of $300,000 of EPA's past response costs to be paid in monthly installments with 4.5% interest accruing annually per the terms of the plan of reorganization. In return for its past costs, EPA has provided the Defendant with a covenant not to sue for costs related to two removal actions performed at the Site.