EPA v. DAVIS, WILLIAM

Case summary

THE REGION REFERRED A SUPERFUND COST RECOVERY ACTION TO DOJ ON 9/14/90 AGAINST 10 POTENTIALLY RESPONSIBLE PARTIES (PRPS) FOR PAST COSTS AT THE DAVIS LIQUID WASTE SUPERFUND SITE IN SMITHFIELD, RI. THE ACTION SEEKS RECOVERY OF $2.1 MILLION IN REMOVAL COSTS PLUS INTEREST AND ENFORCEMENT COSTS, AND ALSO SEEKS TO ESTABLISH LIABILITY FOR ADDITIONAL COSTS. IF THE ACTION IS NOT FILED BY 09/29/90, THE U.S. RUNS THE RISK OF RECOVERY OF THESE REMOVAL COSTS BEING BARRED BY A STATUTE OF LIMITATIONS. THE PROPOSED DEFENDANTS ARE: WILLIAM M. DAVIS; ELEANOR DAVIS; PRATT & WHITNEY GROUP, UNITED TECHNOLOGIES CORPORATION; THE PROVIDENCE JOURNAL COMPANY; CIBA-GEIGY CORPORATION; CLAIROL INC.; A. CAPUANO BROTHERS,INC; UNITED SANITATION,INC.; AND CHAMBERS DEVELOPMENT COMPANY, INC. WILLIAM DAVIS IS LIABLE AS AN OPERATOR OF THE SITE AND ELEANOR DAVIS IS LIABLE AS THE OWNER OF THE SITE. UNITED SANITATION. AND A. CAPUANO BROTHERS (BOTH OWNED BY THE CAPUANO FAMILY) ARE LIABLE AS TRANSPORTERS; CHAMBERS DEVELOPMENT COMPANY IS LIABLE AS A SUCCESSOR TO UNITED SANITATION. CIBA-GEIGY, CLAIROL, PFIZER, PRATT & WHITNEY GROUP, AND THE PROVIDENCE JOURNAL ARE LIABLE AS GENERATORS WHO SENT HAZARDOUS SUBSTANCES TO THE SITE. DOJ FILED SUIT 9/27/90 (DRI 90-0484) AGAINST NINE DEFENDANTS: WM & E. DAVIS, CIBA-GEIGY, CLAIROL, PFIZER, PROVIDENCE JOURNAL, UNITED TECHNOLOGIES CORPORATION, A. CAPUANO BROS, & UNITED SANITATION. THE U.S. SOUGHT JUDGEMENT AGAINST THE DEFENDANTS, JOINTLY & SEVERALY, FOR $2.15 MILLION IN REMOVAL COSTS, PLUS INTEREST, PLUS A DECLARATORY JUDGEMENT FOR ALL ADDITIONAL RESPONSE COSTS INCURRED OR TO BE INCURRED, PLUS ATTORNEY FEES.

Defendants (9)

• A. CAPUANO BROTHERS, INC.Named in complaint
• CIBA-GEIGY CORPORATIONNamed in complaint
• CLAIROL, INC.Named in complaint
• DAVIS, ELEANORNamed in complaint
• DAVIS, WILLIAMNamed in complaintNamed in settlement
• PFIZER, INC.Named in complaint
• THE PROVIDENCE JOURNAL COMPANYNamed in complaint
• UNITED SANITATION, INC.Named in complaint
• UNITED TECH. CORP. - PRATT WHITNEY GROUPNamed in complaint

Facilities (1)

• DAVIS LIQUID WASTE

  TARKILN ROAD, SMITHFIELD, RI, 02917

  Registry ID: 110007825363

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• DAVIS, WILLIAM (DAVIS LIQUID WASTE)entered 1998-02-13

  Primary law: CERCLA

Timeline (6 milestones)

• 1990-04-15Enforcement Action Data Entered
• 1990-09-14Referred To Dept Of Justice
• 1990-09-27Complaint Filed With Court
• 1996-12-31Final Order Lodged
• 1998-02-13Final Order Entered
• 1998-02-13Concluded