EPA v. LANDFILL & RESOURCE RECOVERY (OU2)

Case summary

On January 20, 2023, the U.S. District Court for the District of Rhode Island approved and entered a consent decree for Operable Unit 2 (OU2) of the Landfill & Resource Recovery, Inc. Superfund Site. The Site includes a 28-acre capped landfill in a mostly undeveloped area of North Smithfield, Rhode Island. The remedy will address contaminated groundwater stemming from the Site's former use as a solid and hazardous waste landfill from 1969 to 1979. Prior to its use as a landfill, the area was excavated for its sand and gravel. Under the consent decree, settling defendants have agreed to finance and conduct all remedial design and remedial action activities for OU2 estimated to cost $11.7 million. The State of Rhode Island participated in negotiations and is a party to the consent decree. In addition to performing the remedy, the settling defendants will also pay EPA future response costs and a percentage of EPA oversight costs.

Defendants (13)

• Stanley-Bostitch, Inc.Named in complaintNamed in settlement
• Avnet, Inc.Named in complaintNamed in settlement
• Clean Harbors of Braintree, Inc.Named in complaintNamed in settlement
• Corning IncorporatedNamed in complaintNamed in settlement
• SPX CorporationNamed in complaintNamed in settlement
• OCG Microelectronics Materials, Inc.,Named in complaintNamed in settlement
• NSTAR Electric CompanyNamed in complaintNamed in settlement
• Electric Boat CorporationNamed in complaintNamed in settlement
• Life Technologies CorporationNamed in complaintNamed in settlement
• Waste Management of Massachusetts, Inc.Named in complaintNamed in settlement
• Waste Management of Rhode Island, Inc.Named in complaintNamed in settlement
• Aerosols Danville, Inc.Named in complaintNamed in settlement
• Bixby International CorporationNamed in complaintNamed in settlement

Facilities (1)

• LANDFILL & RESOURCE RECOVERY SITE

  OXFORD RD, NORTH SMITHFIELD, RI, 02896

  Registry ID: 110060810145

Statutes cited

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

Enforcement conclusions (1)

• LANDFILL & RESOURCE RECOVERY (OU2)entered 2023-01-20

  Primary law: CERCLA

Timeline (5 milestones)

• 2022-09-28Referred To Dept Of Justice
• 2022-11-09Complaint Filed With Court
• 2022-11-09Final Order Lodged
• 2023-01-20Final Order Entered
• 2023-02-07Enforcement Action Data Entered