# CUYAHOGA EQUIPMENT CORPORATION, IN RE
> **Judicial** · FY1989 · — · Final Order With Specified Cost Recovery
## Case
- **Activity ID:** `12924`
- **Case Number:** 03-1989-0086
- **Type:** Judicial
- **Lead:** EPA
- **Outcome:** Final Order With Specified Cost Recovery
- **Penalty assessed:** —
- **Cost recovery:** $2.36M
- **Compliance action $:** —
- **Multimedia (multi-env):** N
## Defendants
- CUYAHOGA EQUIPMENT CORPORATION (complaint) (settlement)
- FREEDOM SAVINGS AND LOAN ASSOCIATION (complaint) (settlement)
- OVERLAND CORPORATION (complaint) (settlement)
- SALOMON, CHESTER B., TRUSTEE (complaint) (settlement)
## Summary

THIS IS A PROPOSED ACTION IN THE CUYAHOGA WRECKING COR-    PORATION BANKRUPTCY MATTER AS IT AFFECTS THE PUBLICKER       CERCLA SITE.  THE RECOMMENDATION IS THAT A COMPLAINT BE      FILED IN THE BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF   NEW YORK, PURSUANT TO SECTIONS 104 AND 107 OF CERCLA AND     SECTIONS 503 AND 506 OF THE BANKRUPTCY CODE, ALLEGING THAT   THE UNITED STATES IS ENTITLED TO THE PROCEEDS OF THE DEL-    AWARE AVENUE ENTERPRISES, INC.'S OPTION AGREEMENT WITH THE   BANKRUPTCY TRUSTEE FOR THE OVERLAND CORPORATION ( A WHOLLY   OWNED SUBSIDIARY OF THE BANKRUPT CUYAHOGA WRECKING CORPOR-   ATION) AND WITH FREEDOM SAVINGS AND LOAN ASSSOCIATION (A     SECURED CREDITOR OF THE BANKRUPT OVERLAND CORPORATION).  THE PROPOSED CLAIM IS FOR REIMBURSEMENT OF CERCLA REMOVAL RE-    SPONSE EXPENDITURES OF THE EPA.                                THIS CASE INVOLVES THE PUBLICKER SITE IN PHILADELPHIA,     PENNSYLVANIA, A 37 ACRE, FORMER INDUSTRIAL ALCOHOL PRODUC-   TION PLANT.  ON JUNE 26, 1987, A FIRE OCCURRED AT THE SITE.  DURING THE FIRE, THERE WERE NUMEROUS EXPLOSIONS AND FIRE.    FLARES, LEADING FIREMEN AND EPA TO BELIEVE THAT CHEMICAL     PRODUCTS WERE STILL PRESENT AT THE SITE.  EPA PERFORMED A    SITE INSPECTION ON JULY 9, 1987 AND OBSERVED THE PRESENCE OF HAZARDOUS SUBSTANCES THROUGHOUT THE SITE.                      SINCE JUNE 26, 1987, EPA HAS SPENT IN EXCESS OF 4 MILLION  IN REMOVAL RESPONSE COSTS AND EXPECTS TO INCUR FURTHER       COSTS.  EPA BELIEVES THAT THE RESPONSE

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