EPA v. WILLIAM DAVIS ET AL

Case summary

THIS IS THE 5TH PARTIAL CONSENT DECREE IN COST RECOVERY AT THIS SITE. THE ACTION IS THE SIGNING OF A CONSENT DECREE IN WHICH MALLINCKRODT BAKER INC., MALLLINCKRODT INC., HONEYWELL INTERNATIONAL INC., AND EXXON MOBIL INC. AGREE TO PAY $1,400,000 IN SETTLEMENT OF THE UNITED STATES, STATE OF RHODE ISLAND, AND THE CONTRIBUTION PLAINTIFF NATIONAL STARCH'S CLAIMS. THESE PARTIES WERE SUED BY NATIONAL STARCH AND CHEMICAL CO ( NATIONAL STARCH ) FOR CONTRIBUTIONAT THE DAVIS SITE UNDER SECTIONS 107 AND 113 OF CERCLA, U.S.C. SECTIONS 9607, 9613. NATIONAL STARCH ALLEGED THAT IT PAID MORE THAN ITS FAIR SHARE OF RESPONSE COSTS AT THE SITE WHEN IT SETTLED WITH UNITED STATES FOR $5 MILLION IN 1998. THE CONTRIBUTION DEFENDANTS WOULD NOT SETTLE WITH NATIONAL STARCH UNLESS THE UNITED STATES WAS INCLUDED IN THE SETTLEMENT AND THEY RECEIVED CONTRIBUTION PROTECTION. THESE SETTLEMENTS INCREASE THE UNITED STATES OVERALL RECOVERY FOR THE SITE TO APPROXIMATELY $40 MILLION OUT OF EXPECTED PAST AND FUTURE COSTS OF $60 MILLION (OR A 69% TOTAL RECOVERY TO DATE.

Defendants (5)

• WILLIAM DAVIS ET ALNamed in complaintNamed in settlement
• MALLINCKRODT bAKER INCNamed in complaintNamed in settlement
• MALLINCKRODT INCNamed in complaintNamed in settlement
• HONEYWELL INTERNATIONAL INCNamed in complaintNamed in settlement
• EXXON MOBIL INCNamed in complaintNamed in settlement

Facilities (1)

• DAVIS LIQUID WASTE SITE

  TARKILN ROAD, SMITHFIELD, RI, 02917

  Registry ID: 110071099900

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• WILLIAM DAVIS ET ALentered 2004-03-02

  Primary law: CERCLA

Timeline (5 milestones)

• 2003-06-18Referred To Dept Of Justice
• 2003-06-19Enforcement Action Data Entered
• 2003-09-15Final Order Lodged
• 2003-09-15Complaint Filed With Court
• 2004-03-02Final Order Entered