EPA v. AVX CORPORATION / NEW BEDFORD HARBOR UPPER & LOWER OPERABLE UNIT

Case summary

08/29/2013: Amendment to UAO to extend UAO until November 1, 2013. 06/18/2012: Amendment to UAO to extend UAO until July, 17,2012 ON APRIL 18, 2012 EPA REGION 1 ISSUED A UNILATERAL ADMINISTRATIVE ORDER DIRECTING AVX CORPORATION TO IMPLEMENT THE ONGOING CLEANUP AT THE SITE, IN PARTICULAR, TO PERFORM REMEDIAL DESIGN, AND TO IMPLEMENT THE REMEDIAL DESIGN BY PERFORMING THE REMEDIAL ACTION AND PERFORMING OPERATION AND MAINTENANCE OF SUCH REMEDIAL ACTION FOR THE REMEDY DESCRIBED IN THE RECORD OF DECISION FOR THE UPPER AND LOWER HARBOR OPERABLE UNIT OF THE NEW BEDFORD HARBOR SUPERFUND SITE, DATED SEPTEMBER 25, 1998, AS THAT REMEDY HAS BEEN MODIFIED BY FOUR EXPLANATION OF SIGNIFICANT DIFFERENCES (ESDs). AVX's CORPORATE PREDECESSOR, AEROVOX CORP., OWNED AND OPERATED WHAT IS KNOWN AS THE AEROVOX MILL, AN ELECTRICAL CAPACITOR MANUFACTURING FACILITY LOCATED ON THE WESTERN SHORE OF NEW BEDFORD HARBOR, FROM WHICH IT DISCHARGED HAZARDOUS SUBSTANCES INCLUDING PCB's (POLYCHLORINATED BIPHENYLS) INTO THE HARBOR. EPA HAS DETERMINED THAT AEROVOX CORP'S FACILITY WAS THE PRIMARY SOURCE OF PCBs RELEASED AT AND TO THE HARBOR. UNDER THE ORDER, AVX IS REQUIRED TO COMPLETE ALL CONSTRUCTION IN EIGHT YEARS. EPA ESTIMATES THAT THE NET PRESENT VALUE OF ADDITIONAL COSTS REQUIRED TO COMPLETE THE UPPER AND LOWER HARBOR CLEANUP MAY BE AS MUCH AS $401 MILLION.

Defendants (1)

• AVX CORPORATIONNamed in complaintNamed in settlement

Facilities (1)

• NEW BEDFORD HARBOR UPPER & LOWER OPERABLE UNIT

  103 SAWYER STREET, NEW BEDFORD, MA, 02746-2448

  Registry ID: 110045471823

Statutes cited

• CERCLA 106A — Imminent & Substantial Endangerment Order

Enforcement conclusions (3)

• AVX CORPORATION / NEW BEDFORD HARBOR UPPER & LOWER OPERABLE UNITentered 2013-08-29

  Primary law: CERCLA

• AVX CORPORATION / NEW BEDFORD HARBOR UPPER & LOWER OPERABLE UNITentered 2012-06-18

  Primary law: CERCLA

• AVX CORPORATION / NEW BEDFORD HARBOR UPPER & LOWER OPERABLE UNITentered 2012-04-18

  Primary law: CERCLA

Timeline (2 milestones)

• 2012-04-23Enforcement Action Data Entered
• 2013-08-29Final Order Issued