EPA has spent more than $117 million to clean up creosote contamination from a former wood treatment facility. EPA seeks the recovery of it response costs from Tronox LLC, the successor to the CERCLA liability at the site. Therefore, EPA is referring a cost recovery action to DOJ.
The supplemental referral seeks to add a Federal Debt Collection Procedures Act claim against the existing PRP, Tronox LLC and against a new party, Anadarko Petroleum Company, alleging fradulent conveyance.
Another supplemental referral was signed on June 30, 2009, adding Lehigh Valley Railroad as a PRP. This is associated with the CERCLA 107 claim for response costs incurred.
Complaint in Intervention - amended complaint - fradulent conveyance.
Lehigh Valley Railroad - DOJ declined to file.
On August 29, 2008, the United States on behalf of EPA filed a cost recovery action under CERCLA against Tronox LLC in Federal District Court in New Jersey. On January 12, 2009, Tronox and affiliated entities filed for bankruptcy. EPA subsequently filed a proof of claim based on the August 29, 2008 action in the bankruptcy court. On August 26, 2009, the United States, along with all parties to the August 29, 2008 action stipulated that this case be administratively terminated.