EPA v. AEROVOX INCORPORATED

Case summary

ON NOVEMBER 9/ 2001, EPA-NEW ENGLAND REQUESTED IN A REFERRAL REPORT THAT THE U.S. DEPARTMENT OF JUSTICE FILE A PROOF OF CLAIM IN THE BANKRUPTCY PROCEEDINGS FOR AEROVOX INC ( AEROVOX ). FROM 1978 TO 2001, AEROVOX OPERATED A CAPACITOR MANUFACTURING OPERATION IN NEW BEDFORD, MASSACHUSETTS. (IN EARLY 2001, AEROVOX CLOSED THIS FACILITY AND MOVED TO A NEW FACILITY IN NEW BEDFORD.) IN THE 1980S, PURSUANT TO A CERCLA CONSENT ORDER, AEROVOX CONSTRUCTED A STEEL PILE WALL ADJACENT TO THE ACUSHNET RIVER AND INSTALLED A CAP OVER SOIL CONTAMINATED WITH POLYCHLORINATED BIPHENYLS ( PCBS ). IN A SUPPLEMENTAL CONSENT ORDER, AEROVOX AGREED TO MONITOR GROUNDWATER AND INSPECT THE WALL AND CAP TWICE A YEAR UNTIL 2014. IN 1991, AEROVOX SETTLED ITS LIABILITY IN CONNECTION WITH THE NEW BEDFORD HARBOR SITE WITH A CASH PAYMENT AND AGREED TO PROVIDE EPA WITH ACCESS AND FILE AND ABIDE BY INSTITUTIONAL CONTROLS PLACED ON PROPERTY OWNED BY AEROVOX WITHIN THE NEW BEDFORD HARBOR SITE FINALLY, IN 1999, AFTER EPA DISCOVERED WIDESPREAD PCB CONTAMINATION INSIDE THE AEROVOX FACILITY, THE COMPANY AGREED, PURSUANT TO A CONSENT ORDER UNDER SECTION 7003 OF RCRA, TO (I) IMPLEMENT ADDITIONAL EMPLOYEE PROTECTIVE MEASURES; (II) RELOCATE TO A NEW FACILITY. (III) IMPLEMENT A SECURITY PLAN AT THE CLOSED FACILITY; (IV) ESTABLISH A TRUST FUND AND MAKE ANNUAL DEPOSITS; AND (V) WHEN APPROXIMATELY $4.8 MILLION IS ACCUMULATED IN THE FUND, DEMOLISH THE FACILITY AND PLACE A CAP OVER THE SITE. AEROVOX MADE ITS FIRST DEPOSIT INTO THE FUND AND LOCATED TO THE NEW FACILITY. HOWEVER, IN JUNE 2001, AEROVOX FILED A VOLUNTARY CHAPTER 11 BANKRUPTCY PETITION. AEROVOX HAS NOT MADE ANY ADDITIONAL PAYMENTS INTO THE TRUST FUND. DOJ FILED THE PROOF OF CLAIM ON NOVEMBER 15, 2001. THE PURPOSE OF THE PROOF OF CLAIM IS TO ALERT THE BANKRUPTCY COURT TO THESE ONGOING OBLIGATIONS.

Defendants (1)

• AEROVOX INCORPORATEDNamed in complaintNamed in settlement

Facilities (1)

• AEROVOX INCORPORATED

  740 BELLEVILLE AVE., NEW BEDFORD, MA, 027456194

  Registry ID: 110000311886

Statutes cited

• TSCA 6-PCBS — PCBS
• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• AEROVOX INCORPORATEDentered 2003-09-30

  Primary law: CERCLA

  Federal penalty: $250,000

Timeline (6 milestones)

• 2001-11-09Referred To Dept Of Justice
• 2001-11-15Complaint Filed With Court
• 2001-11-27Enforcement Action Data Entered
• 2003-08-11Final Order Lodged
• 2003-09-30Concluded
• 2003-09-30Final Order Entered