EPA v. NEW ENGLAND CONTAINER COMPANY / CENTREDALE MANOR SITE

Case summary

Region 1 sent a referral to the Department of Justice proposing the filing of a crossclaim under CERCLA Section 107(a) against New England Container Company ( NECC ) for the recovery of approximately $21 million. In February 2011, Emhart Industries, Inc. ( Emhart ) filed suit against the U.S. Navy, the U.S. Air Force, and the Department of Defense under CERCLA Sections 107 and 113 for cost recovery and contribution to the costs Emhart has incurred at the Site. DOJ filed an answer on behalf of the federal agencies and counterclaims on behalf of both the federal agencies and EPA. The lawsuit, Emhart v. Air Force, was later consolidated with a lawsuit Emhart filed against NECC under CERCLA Sections 107 and 113 in 2006. This referral recommends the filing of a crossclaim, on behalf of EPA, against NECC in the consolidated lawsuit. This is an ability to pay settlement in the form of a Consent Decree between EPA and New England Container Company. New England Container will pay $8.75 million in return for a covenant not to sue.

Defendants (28)

• NEW ENGLAND CONTAINER COMPANYNamed in complaintNamed in settlement
• PHIBRO ANIMAL HEALTH CORP
• ORGANIC DYESTUFFS CORPORATION
• OLIN CORP
• NORTHEAST PRODUCTS INC
• LONZA INC
• INDUSOL INC
• EXXON MOBIL CORP
• ELI LILLY AND COMPANY
• EASTERN COLOR & CHEMICAL COMPANY
• EASTERN RESINS CORP
• WOBURN STEEL DRUM INC
• UNIVAR USA INC
• THBC INC
• REFINITY CORPORATION
• SEQUA CORPORATION
• THE ORIGINAL BRADFORD SOAP WORKS INC
• TEKNOR APEX COMPANY
• DURO INDUSTRIES, DIVISION OF DURO TEXTILES LLC
• CRANSTON PRINT WORKS COMPANY
• CONOCO PHILLIPS COMPANY
• CNA HOLDINGS INC
• CAL CHEMICAL CORPORATION
• CIBA SPECIALTY CHEMICALS CORP
• BNS CO
• …and 3 more

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)

• NEW ENGLAND CONTAINER COMPANYentered 2015-06-23

  Primary law: CERCLA

Timeline (6 milestones)

• 2012-08-22Referred To Dept Of Justice
• 2012-09-06Enforcement Action Data Entered
• 2012-09-13Supplemental Referral-Adding parties, counts
• 2015-04-23Complaint Filed With Court
• 2015-06-23Final Order Entered
• 2015-06-23Final Order Lodged