On March 30, 1999, a Consent Decree settling claims under CERCLA was entered by the United States District Court for the District of Maine which provided EPA with funding to pay for anticipated future EPA-lead cleanup actions. Under the Consent Decree, the Settling Federal Agencies paid EPA $11,287,000, which was deposited into the Special Account, and the Settling Federal Agencies are obligated to pay EPA 85% of all reimbursable costs over $11,977,000 plus certain interest amounts until 10 years after the Certification of Completion of the Remedial Action.
On January 10, 2017, EPA received $15,688,223.55 from the Judgment Fund, which represented payment from the Settling Federal Agencies as a result EPA's invocation of the 1999 Consent Decree's Cost Reopener for response costs through October 27, 2015 via invoices submitted to the Settling Federal Agencies on October 18, 2016.
THE PROPOSED ACTION IS THE SIGNING OF BOTH A CONSENT DECREE AND A REFERRAL LETTER TO DOJ REQUESTING CONCURRENCE AND LODGING OF THE CONSENT DECREE. THE CD IS A MAJOR ENFORCEMENT MILESTONE FOR THIS SITE. THE FUNDS RECOVERED BY THE CD WILL ALLOW EPA TO COMPLETE ALL FUTURE RESPONSE ACTIVITIES WITHOUT DELAYS DUE TO THE AVAILABILITY OF FUNDS IN A SITE SPECIFIC SPECIAL ACCOUNT. THE MAJOR CD COMPONENTS ARE: $11.287 MILLION IN REIMBUSEMENT OF EPA'S PAST AND FUTURE RESPONSE COSTS (FOR THE REMEDIAL INVESTIGATION/FEASIBILITY STUDY) ( RI/FS ), NON-TIME CRITICAL REMOVAL ACTION (NTCRA) AND FU