On January 18, 2007, EPA requested USDOJ file a motion to enforce a 2001 Consent Decree against the Defendant and, in addition, file a complaint against two individuals who, as corporate officers of the company, personally benefitted from the company's violation of the Decree. On March 29, 2007, the United States filed a Motion to Enforce the Decree and also filed an action against the two individuals under the Federal Debt Collection Procedures Act. After these two actions were filed, the Defendant filed for bankruptcy under Chapter 11 of the US Bankruptcy Code. On May 15, 2007, USDOJ filed an appearance in the bankruptcy requesting relief from the bankruptcy stay in order to exercise setoff rights against certain proceeds of the Defendant in the Federal District Court. On June 28, 2007, the Court granted the motion of the USDOJ. On July 16, 2007, the bankruptcy case was converted from a Chapter 11 reorganization to a Chapter 7 liquidation. This 2010 consent decree memorializes the proceeds obtained by the EPA from the Chapter 7 liquidation of the Defendant's assets in bankruptcy.
NO POC FILED.
The CD entered on September 14, 2010, resolves this action, EA# 02-1993-0170 and EA# 02-2007-0007.