EPA v. AVX CORPORATION ET AL (NEW BEDFORD HARBOR)

Case summary

In the early 1990s, the United States entered into Consent Decrees with five defendants, including AVX, through which these defendants paid sums in settlement of a civil action filed against them in 1983. Since then, EPA has performed response actions at the Site totaling approximately $318.5 million (including indirect costs) as of December 6, 2007. The Region is interested in invoking Paragraph 18 ( Cost Reopener Provision ) of the 1992 Consent Decree that was entered among the United States, the Commonwealth of Massachusetts, and AVX (United States v. AVX Corp., et al., Civil Action No. 83-3882-Y (D.Mass.)). Under the Cost Reopener Provision, after Remedial Costs exceed $130.5 million, the United States can compel AVX to perform response actions or reimburse the United States for Remedial Costs over and above the first $130.5 million. On September 19, 2013, the U.S. District Court for the District of Massachusetts approved the Supplemental Consent Decree between the US and Massachusetts, as plaintiffs, and AVX Corporation, as defendant, for the New Bedford Harbor Site. Under the Supplemental CD, AVX will pay $366.25 million plus interest for the Harbor cleanup. The payment will mean that the cleanup, which under current funding would otherwise have taken 40 years, will be completed in about 5-7 years. This is the largest single-site cash-out settlement in the history of the Superfund program. The governments invoked two reopeners from a 1992 Consent Decree with AVX to initiate and conclude this action--an unknown conditions reopener and a cost reopener (remedial costs exceeding $130.5 million).

Defendants (1)

• AVX CORPORATIONNamed in complaintNamed in settlement

Facilities (1)

• NEW BEDFORD HARBOR SUPERFUND SITE

  NEW BEDFORD HARBOR, NEW BEDFORD, MA, 02746

  Registry ID: 110067643134

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• AVX CORPORATION ET AL (NEW BEDFORD HARBOR)entered 2013-09-19

  Primary law: CERCLA

Timeline (5 milestones)

• 2008-03-10Referred To Dept Of Justice
• 2008-03-10Enforcement Action Data Entered
• 2012-10-10Final Order Lodged
• 2012-10-10Complaint Filed With Court
• 2013-09-19Final Order Entered