EPA v. DAVIS LIQUID WASTE SUPERFUND SITE

Case summary

9/16/21 CD lodged with court. On August 3, 2021, Region 1 issued a request to the Department of Justice to lodge an Amendment to the Remedial Design/Remedial Action (RD/RA) Consent Decree (CD), entered by the district court on February 17, 2012, concerning the Davis Liquid Waste Superfund Site (Site) in Smithfield, RI (CD Amendment). The State of Rhode Island is also a party to this settlement. The CD Amendment provides for performance by the Settling Defendants of the interim remedy selected in the Record of Decision Amendment 2 (Interim Remedy) for groundwater at the Site, dated September 14, 2020, estimated to cost $6.7 million. Most of the 2012 Consent Decree remains in effect, including the Settling Defendants agreement to pay for all of EPA's and the State of Rhode Island's future response costs. ON AUGUST 10, 2011, REGION 1 REFERRED TO THE DEPARTMENT OF JUSTICE AN RD/RA CONSENT DECREE FOR THE DAVIS LIQUID WASTE SUPERFUND SITE IN SMITHFIELD, RI. PURSUANT TO THE DECREE, FIVE SETTLING DEFENDANTS (PLUS RELATED CORPORATIONS) AGREE TO PERFORM GROUNDWATER REMEDIAL DESIGN/REMEDIAL ACTION AT THE SITE FOR OPERABLE UNIT-2, WITH AN ESTIMATED COST OF$13.7 MILLION AND TO PAY ALL FUTURE COSTS, INCLUDING OVERSIGHT COSTS. EPA AGREES TO COMPROMISE APPROXIMATELY $8.8 MILLION IN PAST COSTAS AND CONTRIBUTE UP TO A TOTAL OF $9.5 MILLION FOR THE PERFORMANCE OF OU12, WITH SPECIAL ACCOUNT FUNDS.

Defendants (7)

• FKI IND f/k/a ACCO-BRISTOL DIV OF BABCOCK IND INCNamed in complaintNamed in settlement
• BRISTOL INCNamed in complaintNamed in settlement
• ASHLAND INCNamed in complaintNamed in settlement
• BLACK AND DECKER CORPORATION THENamed in complaintNamed in settlement
• LIFE TECHNOLOGIES CORPORATIONNamed in complaintNamed in settlement
• ROHM AND HAAS COMPANYNamed in complaintNamed in settlement
• MORTON INTERNATIONAL LLCNamed in complaintNamed in settlement

Facilities (1)

• DAVIS LIQUID WASTE

  TARKILN ROAD, SMITHFIELD, RI, 02917

  Registry ID: 110007825363

Statutes cited

• CERCLA 106A — Imminent & Substantial Endangerment Order
• CERCLA 107A — Cost Recovery

Enforcement conclusions (2)

• DAVIS LIQUID WASTE SUPERFUND SITEentered 2012-02-17

  Primary law: CERCLA

• DAVIS LIQUID WASTE SUPERFUND SITEentered 2021-11-09

  Primary law: CERCLA

Timeline (5 milestones)

• 2011-08-10Referred To Dept Of Justice
• 2011-08-16Enforcement Action Data Entered
• 2011-11-16Complaint Filed With Court
• 2021-09-16Final Order Lodged
• 2021-11-09Final Order Entered