EPA v. PITTSFIELD ECONOMIC DEVELOPMENT AUTHORITY

Case summary

02/21/2012: Amendment to add an additional parcel of land. ON JANUARY 3, 2002, THE REGIONAL ADMINISTRATOR APPROVED A PROSPECTIVE PURCHASER AGREEMENT ( AGREEMENT ) BETWEEN THE UNITED STATES ON BEHALF OF EPA, AND THE PITTSFIELD ECONOMIC DEVELOPMENT AUTHORITY ( PEDA ). THE AGREEMENT IS A SIGNIFICANT STEP TOWARD EVENTUAL REDEVELOPMENT OF A 52 ACRE PORTION OF THE FORMER GENERAL ELECTRIC ( GE ) FACILITY IN PITTSFIELD IN OCTOBER 2000, EPA AND EIGHT OTHER GOVERNMENT AGENCIES ENTERED INTO A JUDICIAL CONSENT DECREE WITH GE TO RESPOND TO PCB CONTAMINATION IN PITTSFIELD AND THE HOUSATONIC RIVER. THE DECREE REQUIRES GE TO PERFORM AND/OR PAY FOR $300-700 MILLION IN REMEDIATION, COST RECOVERY AND NATURAL RESOURCE RESTORATION. AS A COMPANION AGREEMENT TO THE DECREE, GE, THE CITY OF PITTSFIELD, AND PEDA AGREED ON A $45 MILLION REDEVELOPMENT PACKAGE THAT INCLUDES, AMONG OTHER THINGS, TRANSFER OF 52 ACRES OF PROPERTY TO PEDA. THE EXECUTION OF THE AGREEMENT WILL ALLOW PEDA TO TAKE OWNERSHIP OF THE PROPERTY TO BE REDEVELOPED WITHOUT FEAR OF FEDERAL LIABILITY FOR EXISTING CONTAMINATION. FOLLOWING APPROVAL BY THE U.S. JUSTICE DEPARTMENT, THE AGREEMENT IS SUBJECT TO A 30-DAY PUBLIC COMMENT PERIOD. IN ADDITION TO THE CONTACTS BELOW, SIGNIFICANT ASSISTANCE WAS PROVIDED BY AUDREY ZUCKER OF OES, HELEN KEPLINGER OF EPA'S NATIONAL OFFICE OF SITE REMEDIATION ENFORCEMENT, AND ROSE HOWELL OF OSSR. CONTACTS: TIM CONWAY (8-1705 JOHN KILBORN (8-1893) BRYAN OLSON (8-1365) ******* THIS ACTION IS BROUGHT UNDER THE INHERENT AUTHORITY OF THE ATTORNEY GENERAL.

Defendants (1)

• PITTSFIELD ECONOMIC DEVELOPMENT AUTHNamed in complaintNamed in settlement

Facilities (1)

• GENERAL ELECTRIC ELECTRICAL DISTRIBUTION & CONTROL

  100 WOODLAWN AVENUE, PITTSFIELD, MA, 01201

  Registry ID: 110000308462

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (2)

• PITTSFIELD ECONOMIC DEVELOPMENT AUTHORITYentered 2002-01-03

  Primary law: CERCLA

• PITTSFIELD ECONOMIC DEVELOPMENT AUTHORITYentered 2012-02-21

  Primary law: CERCLA

Timeline (3 milestones)

• 2002-01-15Enforcement Action Data Entered
• 2012-02-21Final Order Issued
• 2012-02-21Amended Administrative Order