Cleanup
Agreements
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Consent Decree
The comprehensive remediation and restoration of
the GE-Pittsfield/Housatonic River Site is being performed pursuant
to a court-ordered Consent Decree. The parties to the Decree include
EPA, the U.S. Department of Justice, the Commonwealth of Massachusetts’
Attorney General’s Office, Executive Office of Environmental
Affairs, and Department of Environmental Protection, the State of
Connecticut’s Attorney General’s Office and Department
of Environmental Protection, the U.S. Department of Interior, the
National Oceanic and Atmospheric Administration, the City of Pittsfield
(“City”), the Pittsfield Economic Development Authority
("PEDA"), and the General Electric Company. The Decree
was approved by the U.S. District Court on October 27, 2000.
The Consent Decree provides for cleanup of the Housatonic River,
the former General Electric facility, several former oxbows of the
river, contaminated floodplain properties along the river, contaminated
groundwater, Allendale School, Silver Lake and Unkamet Brook. The
Decree also provides for recovery by the governments from GE of
costs incurred in implementing the Decree cleanups, and provides
for activities and funding by GE to address damage to natural resources.
In addition, a Definitive Economic Development Agreement among
GE, the City, and PEDA became effective as of the entry of the Decree,
and provides for economic redevelopment of the GE facility. Moreover,
to facilitate successful redevelopment, on April 30, 2002, EPA entered
into a Prospective Purchaser agreement with the City and PEDA to
eliminate potential legal hurdles to PEDA’s redevelopment.
| Appendix A |
Set of maps related to the Site:
A-1. GE-Pittsfield/Housatonic
River Site
A-2. GE Plant Area
A-3. Building
71 Consolidation Area
A-4. Hill 78 Consolidation
Area
A-5. Unkamet Brook Area
A-6. Former
Oxbow Areas
A-7. Silver Lake Area
A-8.
GE Plastics Area |
|
| Appendix B |
EPA's Combined Action and EE/CA Approval Memorandum for the Upper Reach, dated and approved May 26, 1998. (PDF)
(45 pp., 663 KB) |
|
| Appendix C |
EPA's Action Memorandum
for the Allendale School Removal Action, dated and approved
July 12, 1999. (PDF)
(27 pp., 1.22 MB) |
|
| Appendix D |
EPA's Action Memorandum
for Removal Actions Outside the River, dated August 4, 1999,
and approved August 5, 1999. (PDF)
(67 pp., 3.69 MB) |
|
| Appendix E |
SOW for the Removal Actions Outside the River:
|
|
| Appendix F |
Removal Action Work
Plan for Upper ½ Mile Reach of Housatonic River, dated August
1999, and EPA's approval letter dated August 5, 1999. |
|
| Appendix G |
Draft Reissued RCRA Permit. (PDF)
(38 pp., 477 KB) |
|
| Appendix H |
Administrative Consent Order
to be executed by MADEP and Settling Defendant. (PDF)
(30 pp., 221 KB) |
|
| Appendix I |
List of Property to Be Transferred
to PEDA Pursuant to Definitive Economic Development Agreement. (PDF)
(2 pp., 145 KB) |
|
| Appendix J |
Protocol for EPA
Peer Review Process - Housatonic River. (PDF)
(12 pp., 854 KB) |
|
| Appendix K |
Access and Services Agreement. (PDF)
(12 pp., 101 KB) |
|
| Appendix L |
Model Grant of Environmental
Restriction and Easement for Settling Defendant Property. (PDF)
(29 pp., 67 KB) |
|
| Appendix M |
Model Subordination Agreement. (PDF)
(3 pp., 8 KB) |
|
| Appendix N |
Model Grant of Conservation
Easement and Restriction for Unkamet Brook Wetlands Area. (PDF)
(11 pp., 79 KB) |
|
| Appendix O |
Model Grant of Environmental
Restriction and Easement for Non-Settling Defendant Property. (PDF)
(28 pp., 63 KB) |
|
| Appendix P |
Notice of Activity and Use
Limitation. (PDF)
(4 pp., 12 KB) |
|
| Appendix Q |
EREs, CERs and Conditional
Solution Inspection Criteria and Requirements. (PDF)
(4 pp., 200 KB) |
|
| Appendix R |
Model for Consent to Access
to Property. (PDF)
(3 pp., 33 KB) |
|
| Appendix S |
Model Confidentiality Agreement
for Mediation, referenced in Section XXIV (Dispute Resolution). (PDF)
(1 p., 5 KB) |
|
| Appendix T |
List of Designated Fill Properties. (PDF)
(10 pp., 107 KB) |
|
| Appendix U |
List of Properties Owned by
the City Subject to this Consent Decree. (PDF)
(1 p., 11 KB) |
|
| Appendix V |
List of GE Documents Submitted
to USEPA and MADEP from 1/1/98 through 7/31/99 Relating to Investigations
and Response Actions Conducted by GE at the Site in that Time
Period, Excluding Documents Submitted Under RCRA Permit, State
ACOs, and Building 68 UAO. (PDF)
(4 pp., 100 KB) |
|
| Appendix W |
List of GE Documents Submitted
to Connecticut Department of Environmental Protection, Which
Conveyed Site-Related Information: 1984 to Present. (PDF)
(3 pp., 62 KB) |
|
| Exhibit C |
Health and Safety Protocal. (PDF)
(3 pp., 8 KB) |
|
| Exhibit D |
Soil Management Protocol (For
Settling Defendant Property). (PDF)
(3 pp., 9 KB)
Soil Management Protocol (For
Non-Settling Defendant Property). (PDF)
(2 pp., 9 KB) |
|
| Exhibit E |
To Grant of Environmental Restriction
and Easement (For Settling Defendant Property). (PDF)
(3 pp., 14 KB)
To Grant of Environmental Restriction
and Easement (For Non-Settling Defendant Property). (PDF)
(3 pp., 14 KB) |
|
United States' July 2000 Motion to Enter the Consent Decree |
| United
States Motion to Enter Consent Decree. (PDF)
(4 pp., 26 KB) |
|
| U.S.
Motion for Leave to File Memorandum in Excess of Page Limit. (PDF)
(3 pp., 18 KB) |
|
| United
States Memorandum in Support of Motion to Enter Consent Decree. (PDF)
(84 pp., 653 KB) |
|
| Exhibit 1 |
Public Comments Submitted on
Proposed Consent Decree. (PDF)
(341 pp., 7.22 MB) |
|
| Exhibit 2 |
United States' Responses to
Comments on Proposed Consent Decree. (PDF)
(151 pp., 1.04 MB) |
|
| Exhibit 3 |
Declarations relating to the
Responses to Comments (Olson, Tagliaferro, Janowski, Cutler,
Fredette). (PDF)
(36 pp., 343 KB) |
|
| Exhibit 4 |
Charts listing comments, commenters
and responses to comments. (PDF)
(24 pp., 276 KB) |
|
| Exhibit 5 |
Maps of the Site. (PDF)
(3 pp., 216 KB) |
|
| Exhibit 6 |
Definitive Economic Development
Agreement. (PDF)
(68 pp., 612 KB) |
|
| Exhibit 7 |
April 2000 EPA Assurances to
Public. (PDF)
(4 pp., 49 KB) |
|
| Exhibit 8 |
Government Efforts to Obtain
Public Input In Connection with the GE-Pittsfield/Housatonic
River Site. (PDF)
(6 pp., 56 KB) |
|
| Exhibit 9 |
Preliminary Estimate of Natural
Resource Damages ("NRD") prepared by Industrial Economics. (PDF)
(170 pp., 3.26 MB) |
|
| Exhibit 10 |
Evaluation Materials Summarizing
NRD and Explaining Proposed NRD Settlement. (PDF)
(80 pp., 1.26 MB) |
|
| Exhibit 11 |
Index to Administrative Record
for Settlement. (PDF)
(3 pp., 45 KB) |
|
| Exhibit 12 |
Index to Administrative Record
for Reissued RCRA Permit. (PDF)
(2 pp., 14 KB) |
|
| Exhibit 13 |
Affidavit of Chief Richard
Velky. (PDF)
(8 pp., 205 KB) |
|
| Exhibit 14 |
Transcript of Public Hearing
re: Permit under the Resource Conservation and Recovery Act
as Amended, dated December 2, 1999. (PDF)
(36 pp., 208 KB) |
|
| Exhibit 15 |
EPA Guidance on Non-Time-Critical
Removal Actions. (PDF)
(7 pp., 76 KB) |
|
| Exhibit 16 |
EPA Guidance on Principal
Threat and Low Level Threat Wastes. (PDF)
(4 pp., 165 KB) |
|
| Exhibit 17 |
Final Reissued RCRA Permit,
signed July 18, 2000. (PDF)
(36 pp., 371 KB) |
|
| Exhibit 18 |
Letter from Remo Del Gallo
to Bryan Olson, June 9, 2000. (PDF)
(1 p., 34 KB) |
|
| Memorandum of Law in Opposition of
Entry of the Consent Decree
|
| United
States' Reply Memorandum in Support of Motion to Enter Consent
Decree (PDF)
(47 pp., 3.86 MB)
Memorandum and Order Re Entry
of Consent Decree and Final Judgment, October 31, 2000 (PDF)
(4 pp., 203 KB)
Submission of Agreed-to Non-Material
Modifications of Consent Decree and Appendicies, First Modication
of Consent Decree, Notice of Appearance (PDF)
(29 pp., 1.5 MB)
(the oversized maps are in the Notice of appearance section)
Stipulated Settlement of Dispute
Resolution Proceeding and Second Modification of Consent
Decree (PDF)
(18 pp., 589 KB)
Motion of Plaintiff United
States to Modify Consent Decree and Statement of Work;
and the proposed Third Modification of Consent Decree. March 2005
Motion of Plaintiff United
States to Modify Consent Decree and Statement of Work;
and the proposed Fourth Modification of Consent
Decree.
Fifth Modification of Consent
Decree (PDF)
(29 pp., 679 KB)
Summary of Soil PCB Performance
Standards (PDF)
(2 pp., 92 KB)
Sixth Modification to the Consent Decree, RCRA Permit Modification (PDF) (9 pp., 45 KB)
Seventh Modification to the Consent Decree (PDF) (17 pp., 186 KB)
Eighth Modification of Consent Decree (PDF) (12 pp., 97 KB)
|
RCRA Agreements
Definitive Economic Development Agreement
1½ Mile Berkshire Gas Settlement Agreement
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