EPA, Region 2, is requesting through the Office of Site Remediation Enforcement (OSRE) that the Department of Justice file a proof of claim and, to the extent appropriate, an application for administrative expenses and protective proofs of claims regarding costs for which GM is jointly and severally responsible under settlement agreements which pertain to specific sites, in the bankruptcy proceeding captioned In re Motors Liquidation Company f/k/a General Motors Corporation, et al., in United States Bankruptcy Court, Southern District, New York.
EPA has a claim against Motors Liquidation Company (MLC), a debtor in this bankruptcy, because its predecessor, General Motors Corporation (GM), owned, operated and/or disposed of hazardous substances at various facilities in New York and New Jersey and thus is a potentially responsible party (PRP) with respect to those sites, pursuant to Section 107(a) of the Comprehensive Environmental Response, Compensation, and Liability Act.
On March 29, 2011, the Court approved a settlement agreement in this matter. The ÂNon-Owned Site Settlement Agreement , resolves certain claims of the United States and several states, including New Jersey and New York, against Old GM at 34 ÂNon-Owned Sites under CERCLA and RCRA for over $50 million.
The Environmental Response Trust Agreements were filed with the Court in late 2010, and public comment was solicited and considered by the Court. The ERT Agreements establish a $773 million trust