9/18/2013: The court approved the consent decree between the U.S., Massachusetts, as plaintiffs, and AVX Corporation, as defendant, for the New Bedford Harbor Site. Under the CD AVX will pay $366.25 million for the Harbor cleanup.
SUMMARY: THE NEW BEDFORD HARBOR IS A CERCLA NATIONAL PRIORITY LIST SITE INVOLVING PCB CONTAMINATION. THE SITE IS LOCATED IN SOUTHEASTERN MASS. THE CONTAMINATION WAS CAUSED BY MANY YEARS OF DISPOSAL & DISCHARGE OF PCB'S, PRINCIPALLY BY 2 FACILITIES WHICH FORMERLY PRODUCED CAPACITORS CONTAINING PCB'S. THE CASE WAS ORIGINALLY REFERRED FROM REG I TO HQ ON SEPT. 30, 1982, W/A DETAILED CASE DEVELOPMENT PLAN, BUT THE CASE WAS NOT REFERRED TO DOJ BECAUSE IT WAS DECIDED THAT A COURT ACTION SHOULD BE DEFERRED UNTIL COMPLETION OF THE RE- MEDIAL INVESTIGATION & FEASIBILITY STUDY (RI/FS). THE RI/FS IS SCHEDULED TO BE COMPLETED IN 3 PHASES, W/THE FIRST PHASE TO BE COMPLETED IN THE FALL OF 1984 & THE FINAL PHASE TO BE COMPLETED IN MID-1985. ON 9 DEC 1983, DOJ FILED A COMPLAINT ON BEHALF OF THE NATIONAL OCEANIC & ATMOSPHERIC ADMINISTRATION (NOAA), SEEKING RECOVERY FOR NATURAL RESOURCES DAMAGES UNDER SECT. 107(A)(4) (C) OF CERCLA. ON 10 DECEMBER 1983, A PARALLEL COMPLAINT WAS FILED BY THE MASS. ATTORNEY GENERAL'S OFFICE. THE ASSISTANT U.S. ATTY ASSIGNED TO THE CASE & ATTYS FROM DOJ HAVE EXPRESSED CONCERN THAT THE FILING OF THE NOAA SUIT RAISES THE POSSIBILITY THAT EPA MAY BE COLLATERALLY STOPPED FROM RAISING ISSUES IN ANY SUBSEQUENTLY FILED SUIT, IF THE