EPA v. EMHART INDUSTRIES INC / CENTREDALE MANOR RESTORATION PROJECT SUPERFUND SITE

Case summary

The Region has requested that the Department of Justice file a counterclaim against Emhart Industries, Inc. under Section 107(a) of CERCLA for the recovery of approximately $21 million in past costs incurred at the Centredale Manor Restoration Project Superfund Site in North Providence, Rhode Island. Emhart is the legal successor to a chemical company that operated at the Site. In February 2011, Emhart filed a lawsuit against the U.S. Navy, the U.S. Air Force and the Department of Defense for cost recovery and contribution to Emhart?s costs at the Site. This referral recommends the filing of a counterclaim, on behalf of EPA, in the lawsuit Emhart filed in February. If EPA's claim for past costs is deemed compulsory, then it must be filed when the government?s answer is due in that lawsuit, or EPA will be barred from pursuing its claim in the future.

Defendants (4)

• EMHART INDUSTRIES INCNamed in complaintNamed in settlement
• United States Air ForceNamed in complaintNamed in settlement
• United States NavyNamed in complaintNamed in settlement
• Black & Decker Inc.Named in complaintNamed in settlement

Facilities (1)

• CENTREDALE MANOR RESTORATION PROJECT

  2072 AND 2074 SMITH STREET (ROUTE 44), N PROVIDENCE, RI, 02911

  Registry ID: 110009310450

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• EMHART INDUSTRIES INC / CENTREDALE MANOR RESTORATION PROJECT SUPERFUND SITEentered 2019-04-08

  Primary law: CERCLA

Timeline (6 milestones)

• 2011-08-30Referred To Dept Of Justice
• 2011-09-08Enforcement Action Data Entered
• 2012-02-24Complaint Filed With Court
• 2014-09-04Supplemental Referral-Other
• 2018-07-09Final Order Lodged
• 2019-04-08Final Order Entered