THIS CLAIM IS BASED ON THE FACT THAT ONE OF THE DEFENDANT'S SUBSIDIARIES, LCP NATIONAL PLASTICS, INC. ( LCP ), A DEBTOR IN THE BANKRUPTCY PROCEEDING, IS LIABLE UNDER SECTION 107A1 OF CERCLA AS A CURRENT OPERATOR OF THE SITE.
THE SITE HAS BEEN USED FOR VARIOUS MANUFACTURING OPERATIONS SINCE 1966. IN CONNECTION WITH THOSE OPERATIONS, VARIOUS VOLATILE ORGANIC COMPOUNDS AND OTHER HAZARDOUS SUBSTANCES WERE DISPOSED OF AT THE SITE AND RELEASED INTO THE ENVIRONMENT. EPA HAS PREVIOUSLY IDENTIFIED FOUR PRPS AT THE SITE AND THOSE FOUR PRPS CONDUCTED A REMEDIAL INVESTIGATION AND FEASIBILITY STUDY OF THE SITE PURSUANT TO A 1987 CONSENT ORDER BY EPA. ONE FILED FOR BANKRUPTCY PROTECTION AND HAS NO ASSETS; LCP BOUGHT NATIONAL PIPE. LCP FILED FOR BANKRUPTCY PROTECTION ON JULY 10, 1991 AND EPA FILED A NOTICE OF CLAIM AGAINST LCP ON APRIL 16, 1992 FOR THE RECOVERY OF ENVIRONMENTAL RESPONSE COSTS, CIVIL PENALTIES, AND THE ENFORCEMENT OF ENVIRONMENTAL OBLIGATIONS FOR WHICH THE DEBTOR IS LIABLE.