EPA v. HONEYWELL INTERNATIONAL, INC. AND MACK TRUCKS, INC. (DWYER SUPERFUND SITE)

Case summary

On February 11, 2016, Region III issued the Second Modification to a CERCLA ? 106 Unilateral Administrative Order (UAO) to Honeywell International, Inc. (Honeywell) and Mack Trucks, Inc. (Mack) for the RI/FS at the Dwyer Property Groundwater Plume NPL Site in Elkton, Cecil County Maryland (Site). Region III initially issued the UAO on September 23, 2015 and, after a November 30, 2015 conference requested by Honeywell and Mack, issued the First Modification to the UAO which extended by 60 days the UAO Effective Date in order for the parties to negotiate an Administrative Settlement Agreement and Order on Consent (AOC). Since the parties have not yet reached agreement on an AOC, the UAO became effective on February 12, 2016. Honeywell is the successor to Triumph Explosives, Inc. (Triumph), which manufactured various ordnance and munitions products at the Site in the 1930s and 1940s. Honeywell notified Region III that it intends to comply with the UAO. Mack voluntarily assumed the liabilities arising from Triumph?s activities at the Site. Mack has declined to comply with the UAO.

Defendants (1)

• HONEYWELL INTERNAL, INC. AND MACK TRUCKS, INC.Named in settlement

Facilities (1)

• DWYER PROPERTY GROUND WATER PLUME

  NE OF INT. OF MD RTE 545 AND MD RTE 279, ELKTON, MD, 21921

  Registry ID: 110013801840

Statutes cited

• CERCLA 106A — Imminent & Substantial Endangerment Order

Enforcement conclusions (4)

• HONEYWELL INTERNATIONAL, INC. AND MACK TRUCKS, INC. (DWYER SUPERFUND SITE) (MODIFICATION TO AO)entered 2015-12-10

  Primary law: CERCLA

• HONEYWELL INTERNATIONAL, INC. AND MACK TRUCKS, INC. (DWYER SUPERFUND SITE)entered 2016-02-12

  Primary law: CERCLA

• HONEYWELL INTERNATIONAL, INC. AND MACK TRUCKS, INC. (DWYER SUPERFUND SITE)(SECOND MOD TO UAO)entered 2016-02-11

  Primary law: CERCLA

• HONEYWELL INTERNATIONAL, INC. AND MACK TRUCKS, INC. (DWYER SUPERFUND SITE)entered 2015-09-23

  Primary law: CERCLA

Timeline (2 milestones)

• 2015-10-08Enforcement Action Data Entered
• 2016-02-12Final Order Issued