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PERONA BROTHERS INC

Judicial · FY1989 · — · EPA Did Not Pursue · 3654

Penalty
Cost recovery
Compliance action

Case

Case Number
02-1989-0361
Type
Judicial
Lead
EPA
Outcome
EPA Did Not Pursue
DOJ Docket
90-11-2-511
Multimedia
N
Self-disclosure
N

Defendants (1)

Summary

PERONA BROTHERS, INC. (PERONA) OPERATED A JUNK YARD WHICH COMTAINED APPROXIMATELY FIVE MILLION TIRES, AN UNDETERMINED NUMBER OF AUTOMOBILES, TRUCKS AND OTHER DISCARDED DEBRIS, AS WELL AS DRUMS AND CYLINDERS OF UNKNOWN ORIGIN. ON 12/06/86, A FIRE OCCURRED, WHICH LASTED FOR FIVE DAYS AND SPREAD HAZ- ARDOUS SUBSTANCES AND MATERIALS ONTO THE SITE AND INTO THE GROUNDWATER. EPA PERFORMED A RESPONSE ACTION IN PROVIDING ASSISTANCE IN PUTTING OUT THE FIRE AND INCURRED COSTS IN TAKING THIS RESPONSE ACTION AT THE SITE. ON 06/29/89, THE NJDEP REQUESTED THAT EPA PERFORM A CERCLA REMOVAL ACTION TO REMOVE THE HAZARDOUS SUBSTANCES AND MATERIALS AT THE SITE WHICH RESULTED FROM THE DECEMBER 1986 FIRE. THIS CONTING- ENCY MAY INCUR ADDITIONAL RESPONSE COSTS FOR EPA IN THE FUTURE. ON OCTOBER 31, 1986, PERONA BROTHERS, INC. FILED A PETIT- ION FOR PROTECTION UNDER CHAPTER 11 (REGORANIZATION) OF THE UNITED STATES BANKRUPTCY CODE. THE TRUSTEE IN BANKRUPTCY, MR. JAMES CAIN, PETITIONED THE COURT FOR A CONVERSION OF THE PETITION TO A CHAPTER 7 (LIQUIDATION) ACTION, WHICH WAS GRANTED BY THE COURT ON 06/14/89. IN ORDER TO PROTECT ITS ABILITY TO RECOVER RESPONSE COSTS FROM THE POTENTIALLY RESPONSIBLE PARTY (PRP), EPA MUST FILE A PROOF OF CLAIM WITH THE BANKRUPTCY COURT PRIOR TO OCTOBER 18, 1989, THE BAR DATE. THIS REFERRAL TO THE UNITED STATES DEPARTMENT OF JUSTICE (DOJ) IS SUBMITTED TO SUPPORT

Source

Authoritative
EPA ECHO
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