*******FACILITY********* U.S. HIGHWAY ONE SOUTH, EDISON INDUSTRIAL CENTER METUCHEN, N.J. 08840 ************************ OWNERSHIP: PRIVATE MANUFACTORY- STEEL PIPES SINGLE MEDIUM INSPECTION CASE TEMPORARILY USING TS(TREATMENT/STORAGE) IN PROGRAM-SPECIFIC INFORMATION IN PLACE OF OTHER . *
This case started as a TSCA PCB violation enforcement case, filed on December 31, 1992, Docket No. II-TSCA-PCB-93-0119. The al penalty demand in the Complaint was $98,000. Defendant Berger Industries was subject to an involuntary Bankruptcy petition under Chapter 7 in the Eastern District of New York filed on November 16, 1993, which was converted to a Chapter 11 proceeding by the Bankruptcy Court on November 18, 1993. Pursuant to a Judicial Referral from Region 2, DOJ filed a Proof of Claim with the Bankruptcy Court on or about April 15, 1994, which Claim sought recovery of civil penalties sought in the original Complaint with the status of general unsecured, pre-petition claims. Subsequently, on December 21, 1994, EPA and Berger Industries, Inc. entered into a Consent Agreement whereby Berger agreed to a civil penalty of $7500. The Bankruptcy Court accepted the C