Between 1999 and 2003, the Defendant sent approximately 28,800 gallons of hazardous substance containing wastes, including waste oil, batteries, used filters, cloths and contaminated water to the TC Waste Oil Site in St. Croix, U.S.V.I. In September 2008 EPA completed at removal action at the Site for which it paid over $3,064,373 in response costs through December 31, 2012.
The Defendant filed for bankruptcy under Chapter 7 of the U.S. Bankruptcy Code on March 5, 2013. On August 9, 2013, the United States on behalf of EPA filed a proof of claim for EPA�s Site-related past response costs in the bankruptcy proceeding. Under the bankruptcy settlement agreement (Settlement Agreement) approved by the bankruptcy court on August 17, 2016, EPA will have an allowed general unsecured claim of $423,448 in the bankruptcy. The United States does not expect the bankruptcy estate to have any funds available to pay general unsecured claims such as EPA�s, and it is highly unlikely that EPA will receive a distribution under the Settlement Agreement. Under a separate but related consent decree, however, the Defendant's corporate parent will reimburse EPA for $137,500 in Site-related past response costs.
In the bankruptcy Settlement Agreement, the Defendant will receive a site-wide covenant not to sue pursuant to CERCLA. In the consent decree, the United States will provide the corporate parent and several affiliated companies with a covenant not to sue for past response cost