DURHAM MEADOWS SUPERFUND SITE / DURHAM MANUFACTURING COMPANY

On November 12, 2013, the federal District Court approved a Consent Decree between the United States, the State of Connecticut, and the Durham Manufacturing Company (DMC and the Settling Defendant) for the Durham Meadows Superfund Site (Site) in Durham, Connecticut. The Consent Decree resolves EPA’s enforcement effort against DMC under Sections 106 and 107 of CERCLA, 42 U.S.C. §§ 9606 and 9607, concerning the Site. The settlement between the parties is based upon Settling Defendant’s limited ability-to-pay. Under the Consent Decree, the Settling Defendant agrees to make cash payments to the United States and to perform certain work obligations. The Settling Defendant agrees to make cash payments in the amount of $2.9 million, to be paid in four installments over three years. The Settling Defendant also agrees to perform certain work obligations at the DMC portion of the Site that EPA has valued at $1.1 million. In return for these payments and work obligations, the United States will grant the Settling Defendant a covenant not to sue pursuant to Sections 106 and 107(a) of CERCLA with regard to the Site. The CD will also resolve the claims of the State of Connecticut against the Settling Defendant for the Site, but it does not resolve any claims for natural resources damages