### . "

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETS ;", ::,!

UNITED STATES OF AMERICA, 

### and THE COMMONWEATH OF MASSACHUSETTS,

# Plaintiffs

TOWN OF NORWOOD, MASSACHUSETTS 

## Defendant. i. :

CIVIL ACTION NO. --. :..

# II.



# III. IV.



## VI. 

## VII. 

## VIII. IX.



### XI. 

## XII. 

## XIII. XIV.


## xv. XVI. 

### XVII. 

## XVIII. XIX. 

# DI. 

# DII. 

# UIII. DIV. - 2 -

TABLE OF CONTENTS

BACKGROUN 

### JUISDICTIOII . 3
. 6 

### PARTIBS BOUN . 7 

### DBI'IIIITIONS . 7 

### PROVISION 01' SERVICBS BY SETTLING DBI'BHAR
NOTICB RBOUIREMBNTS . 12
. 15
PROPBRTY ACCBSS . 16 

### COVENANS.

### CONDITIONS. ANRESTRICTIOIIS 

### STIPULTBDPEIALTIES . 20
. 22 

### THE MEAOW BROOK PROPERTY . 25 

### COVENANS NOT TO

### SUE BY PLAINTII'I'S 

### COVBHASBY SBTTLING DEFENDAN . 27 . 34 

### EI'FBCT 01' SETTLEMENT: CONTRIBUTIOII PROTBCTIOII . 36


### OTHBR LAWS. . . 37

ACCBSS TO IHPORMTIOII . 38 

### RETBHION OF RECORDS 

### NOTICES AN SUBMISSIONS . 39 . 40

DISPUTB RBSOLUTION 

### RETENTION 01' JURISDICTION . 41 . 46 

### APPBHICES . 46 LODGING

## AN OPPORTUNITY FOR PUBLIC COXMBH . 46

SIGNATORIBS SERVICB 

### FIIIAL JUDGMENT . 47
. 48 MODIFICATIOII . 48- 3 - BACKGROmm The United states of America ("United States" ), on behalf of the Administrator of the United states Environmental 

## Protection Agency ("EPA" ), filed a complaint in this matter 

### against the Town of Norwood ("Settling Defendant" ) pursuant to Sections 106 and 107 of the Comprehensive Environmental Response 

### Compensation , and Liability Act of 1980 , as amended ("CERCLA" 

### 42 U. s. C. SS 9606 and 9607, for reimbursement of response costs ..,

incurred and to be incurred by EPA and the United States Department of Justice for response actions in connection with the release or threatened release of hazardous substances at the Norwood PCB Superfund site in Norwood , Massachusetts (the 

## Site" ), for a declaration of Settling Defendant' s liability for further response costs , and for implementation of response 

## actions.

In accordance with Section 122 

# (j) (1) of CERCLA, 42 C. S 9622 

# (j) (1), EPA notified the National Oceanographic and Atmospheric Administration and the Department of the Interior on April 28 , 1994 and May 9, 1994 , respectively, of negotiations with the Settling Defendant regarding the release of hazardous substances that may have resulted in injury to the natural resources under Federal trusteeship and encouraged the trustees to participate in the negotiation of this Consent Decree.

The Commonwealth of Massachusetts (the "Commonwealth" has filed a complaint against the Settling Defendant in this Court alleging that the Settling Defendant is liable to the. i

- 4 -

Commonwealth under Section 107 of CERCLA , 42 U. C. S 9607, L. c. 21E, and the common law of nuisance, for reimbursement of response costs incurred by the Commonwealth for the 

## assessment , containment , and removal of hazardous materials from and around the Site , for a declaration of liability for costs to be incurred, and for implementation of response actions.

The Settling Defendant does not admit any liability to the Plaintiffs arising out of the transactions or occurrences alleged in the complaints.

Pursuant to section 105 of CERCLA, 42 U. C. S 9605 , EPA placed the Site on the National Priorities List, set forth at
40 C. R. Part 300 , Appendix B , by publication in the Federal Register on June 10 , 1986 , 51 Fed. Reg. 21099;

In response to a release or a substantial threat of a release of hazardous substances at or from the Site , EPA commenced in September, 1987, a Remedial Investigation and Feasibility Study ("RIfFS" ) for the Site pursuant to 40 C. S 300. 

### 430;

EPA completed a Remedial Investigation ("RI" ) Report in 

## June , 1989 , and EPA completed a Feasibility Study ("FS" ) Report in August, 1989;

Pursuant to Section 117 of CERCLA, 42 U. C. S 9617, EPA published notice of the completion of the FS and of the proposed plan for remedial action on August 8 , 1989 , in a major local newspaper of general circulation. EPA provided an opportunity for written and oral comments from the pUblic on the proposed. i

- 5 -

plan for remedial action.

The decision by EPA selecting the initial remedial actions to have been implemented at the Site is embodied in a Record of Decision ("ROD" ), executed on September 29 , 1989 , on which the Commonwealth has given its concurrence. The ROD includes a discussion of the reasons EPA selected the remedy, an explanation of any significant differences between the final plan 'I :t... and the proposed plan, and a summary of responses to the public 

### comments. Notice of the final plan was published in accordance with Section 117 (b) of CERCLA.

On February 22 , 1996 , pursuant to Section 117 of CERCLA, 42 U. C. S 9617 , EPA published notice of an amended proposed plan for remedial action for the Site in a major local newspaper 

# of general circulation. EPA provided an opportunity for written and oral comments from the public on the amended proposed plan for remedial action. A copy of the transcript of the public " i" , .

meeting is available to the public as part of the administrative record upon which EPA based the selection of the amended remedial 

## action. The decision by EPA selecting the amended remedial action to be implemented at the site is embodied in an amended Record of Decision , executed on May 17, 1996, on which the Commonwealth has given its 

## concurrence. The amended ROD includes a discussion of the reasons EPA selected the amended remedy, documentation of any significant differences between the final plan and the proposed plan, and a responsiveness 

# sumary to the ": .;. .

- 6 -

public comments. Notice of the final plan for modified remedial action was published in accordance with section 117 (b) of CERCLA.

The purpose of this Consent Decree is to provide for settlement between EPA, the Commonwealth, and the Settling 

## Defendant. The Parties recognize , and the Court by entering this Consent Decree finds , that this Consent Decree has been negotiated by the Parties in good faith , that implementation of this Consent Decree will expedite the cleanup of the Site and will avoid prolonged and complicated litigation between the 

# Parties , and that this Consent Decree is fair, reasonable , and in 

# the public interest.

THEREFORE, with the consent of the parties to this ,-

Consent Decree, it is 

### ORDERED, ADJUGED, AND DECREED:



# II. JURISDICTION This Court has jurisdiction over the subject matter of this action pursuant to 28 U. C. SS 1331 and 1345 , and 42 U. SS 9606, 9607 and 9613 

### (b) . This Court has pendent jurisdiction This Court also has personal over the state law claims. jurisdiction over the Settling Defendant. Solely for the purposes of this Consent Decree and the underlying complaints, the Settling Defendant waives all objections and defenses that it may have to jurisdiction of the Court or to venue in this District, and shall not challenge the entry of this Consent Decree or this Court' s jurisdiction to enter and enforce this 

## Consent Decree.. i

# ..

- 7 - 

# III. PARTIES BOmm This Consent Decree is binding upon the Settling Defendant and its successors, agents , employees , and assigns, upon the United states on behalf of EPA , and upon the Commonwealth of Massachusetts on behalf of the Department of Environmental Protection. Any change in ownership or corporate ,,,,

or other legal status , including but not limited to any transfer of assets or real or personal property, shall in no way alter the status or responsibilities of the Settling Defendant under this 

## Consent Decree. IV. DEFINITIONS

Unless otherwise expressly provided herein , terms used in this Consent Decree which are defined in CERCLA or in regulations promulgated under CERCLA shall have the meaning assigned to them in CERCLA or in such regulations. 

### Whenever terms listed below are used in this Consent Decree or in any appendix or attachment attached hereto the following definitions 1,0.'

shall apply: "CERCLA" shall mean the Comprehensive Environmental 

### Response , Compensation, and Liability Act of 1980, as amended, 42

C. SS 9601 et sea

"Certification of Completion" shall mean EPA' Certification pursuant to Section 122 (f) (3) of CERCLA , 42 U. 

## S 9622 (f) (3), that the Remedial Action has been completed at the Site in accordance with the requirements of the NCP and the ROD.

"Chapter 21E" or "M. L. c. 21E" shall mean the. ,

- 8 -

Massachusetts oil and Hazardous Material Release Prevention and Response Act, M. L. c. 21E.

"Commonwealth" shall mean the Commonwealth of 

## Massachusetts.
"Commonwealth Interest" shall mean interest at the rate specified for interest in M. L. c. 21E.

"Commonwealth Response Costs" shall mean all 

## costs, including but not limited to direct and indirect costs together with accrued Commonwealth Interest , that the Commonwealth of Massachusetts has incurred or will incur in response to the release or threatened release of hazardous materials at or in connection with the Site , but not including amounts reimbursed to the Commonwealth by EPA.

"Consent Decree" shall mean this Consent Decree and 

## any appendices or attachments hereto.

"Day" shall mean a calendar day. In computing any period of time under this Consent Decree, where the last day would fall on a saturday, Sunday, or Federal HOliday, the period shall run until the close of business of the next working day.

"DEP" shall mean the Massachusetts Department of Environmental Protection , and any successor departments or agencies of the Commonwealth.

"Disposal Areas" shall mean the area or areas at the site where soils and/or sediments are disposed of or covered as a result of implementation of the Remedial Action selected by EPA in the Record of Decision for the site.. .

. I

- 9 - "Emergency Response Services" shall mean all regular and extraordinary services provided by the Town of Norwood in response to pUblic emergencies , includinq but not 

## limi ted to , responses by the Town of Norwood Police Department and/or its contractors or representatives , the Town of Norwood Fire Department and/or its contractors or representatives, and the Town of Norwood emergency medical personnel and/or their contractors or representatives. Such services shall include, but 

# not be limited to , responses to fires , explosions , spills medical emergencies , water or sewer main breaks , acts of vandalism, and other violations of 

### law.

IIEPA" shall mean the United states Environmental Protection Agency and any successor departments or agencies of 

## the United states.

"Hazardous Materials" shall mean (1) any "hazardous substance" under Section 101(14) of CERCLA , 42 U. C. S 9601(14); (2) any pollutant or contaminant under Section 101(33) of CERCLA, 42 U. 

### C. S 9601(33); and/or (3) any "hazardous material" under 

# L. c. 21E S 2.

"Meadow Brook Property" shall mean the narrow parcel, including all easements , privileges and appurtenances thereto, running between Pellana Road and West Border Road identified in the Compiled Plan of Land in Norwood, Massachusetts dated August 31, 1960, by Norwood Engineering Co., Inc. C. E. and recorded with Norfolk Deeds as Plan No. 1472 of 1960 in Plan Book 

### 210. The Meadow Brook Property shall also include all easements,. .

, .

- 10 - 

# privileges , and appurtenances thereto owned and/or controlled by the Settling Defendant between West Border Road and Meadow 

### Brook' s confluence with the Neponset River running through parcels depicted on the Town of Norwood Assessor' s Map No. 17 as Sheet 10, Lot 1; Sheet 11, Lot 2A; Sheet 13 , Lot 2; Sheet 13, Lot 2A; Sheet 13 , Lot 12; Sheet 15, Lot 11; Sheet 16 , Lot 2; and 

## Assessor' s Map No. 15, Sheet 21, Lot 1 and Lot 9. (For title of the Town of Norwood 

## see instruments 

## recorded in the Norfolk 

## Registry of Deeds at 

### Book 

### 5670, 

## page 30; Book 

### 4485, page 681; Book 

### 4610, page 595; Book 

### 2291, page 092; Book 

### 4307 

### page 194; Book 

### 4485, page 679; Book 

### 4567 

### page 073; Book 

### 6113, page 282; Book 

### 4618, page 615; and Book 3932 

### page 293.

"National Contingency Plan" or "NCP" shall mean the National oil and Hazardous Substances Pollution contingency Plan promulgated pursuant to Section 105 of CERCLA, 42 U. C. S 9605, codified at 40 C. R. Part 300 , including, but not limited to, any amendments thereto.

"Operation and Maintenance" shall mean activities required to maintain the effectiveness of the Remedial Action as set forth in the ROD.

"Paragraph" shall mean a portion of this Consent Decree identified by an arabic numeral or an upper case 

# letter.

"Parties" shall mean the United States, the 

### Commonwealth , and Settling Defendant.

"Performing Parties" shall mean Federal Pacific Electric Company, Cornell-Dubilier Electronics, Inc., and/or any. .

- 11 -

other party authorized by EPA to perform remedial action at the Site, and (with respect to all of the above) their successors and assigns, and their contractor (s) performing any remedial actions 

# at the site.
"Plaintiffs" shall mean the United states of America and the Commonwealth of Massachusetts.

"Record of Decision" or "ROD" shall mean the EPA Record of Decision relating to the site signed on September 

### 29, 1989 , by the Regional Administrator, EPA Region I, and all attachments thereto, and including any amendments or formal modifications to the September 29, 1989 Record of Decision. 

## For purposes of this Consent Decree, the terms "Record of Decision" and "ROD" include as a formal modification of the September 

### 29, 1989 Record of Decision, the EPA Record of Decision relating to the Site signed on May 17, 1996 , by the Director of the Office of site Remediation and Restoration, EPA Region I, and all attachments thereto, and including any amendments or formal 

## modifications thereto.

"Remedial Action" shall mean the response actions at the site set forth in the Record of Decision, but not including Operation and Maintenance.

"Response Costs" shall mean all costs , including direct and indirect costs, that EPA and the United States Department of Justice on behalf of EPA have incurred and will incur for the Remedial Action and for Operation and Maintenance 

# at the site.. ,

- 12 - "Section" shall mean a portion of this Consent 

## Decree identif ied by a roman numeral.

"settling Defendant" shall mean the Town of Norwood, in the County of Norfolk, Massachusetts , and any 

## successor thereto.

"site" shall mean the Norwood PCB Superfund 

# Site, located in Norwood, Massachusetts, bounded by and including Meadow Brook to the north , and bounded by a residential neighborhood to the west along Pellana Road, Route 1 to the east and Dean Street to the 

## south. The site is generally depicted on the map attached as Appendix B to this Consent Decree.



## aa. "united States" shall mean the United states of 

## America. PROVISION OF SERVICES BY SETTLING DBI'BHAH

In the event of any action or occurrence which consti tutes an emergency situation or may present a threat to public health or welfare or the environment at or near the 

# Site, settling Defendant shall immediately provide Emergency Response Services as appropriate to the circumstances. The Settling Defendant shall ensure that such Emergency Response Services are not inconsistent with the ROD for the 

# site. The Settling Defendant shall bear all costs associated with the provision of Emergency Response Services, including but not limited to the costs and expenses of any equipment deemed necessary by EPA and/or the Town of Norwood for the provision of said Emergency Response services.. .

- 13 - EPA and/or its contractors shall provide settling Defendant with Health and Safety Plans for the site. 

### The Settling Defendant shall cooperate fully with EPA and its contractors and the Performing Parties in the implementation of said Health and Safety 

## Plans.

At the request of EPA, the Settling Defendant shall provide EPA, the commonwealth, and/or their authorized contractors, subcontractors , consul tants , employees, or agents, with meeting rooms and other facilities in the Town of Norwood, at no cost or expense to EPA or the Commonwealth, so that EPA or the Commonwealth can conduct community relations acti 

## vi ties relating to the site including, without limitation, public 

## meetings.The settling Defendant, at its sole cost and expense, shall maintain the fencing installed by the Settling Defendant adjacent to the Meadow Brook Property and shall replace or remove such fencing and shall install additional fencing if EPA determines, in its sole and absolute discretion , that such repair or additional fencing is necessary to secure the Meadow Brook 

## Property. Personnel providing Emergency Response Services for the site pursuant to this section shall be trained by the Settling Defendant in accordance with 40 C. R. Part 311 and 29 C. 

### 1910. 120, and any amendments thereto (the "Regulations" meet this requirement, Settling Defendant has sent four (4) fire fighters from the Town of Norwood Fire Department to a training, .

- 14 -



### course provided by EPA (the "EPA Course" 

### These four 

### (4) individuals will train all other Town of Norwood personnel who may provide Emergency Response Services at the Site, so as to ensure that such personnel have been trained in accordance with the Regulations. Settling Defendant will also fund and conduct refresher training based on the EPA Course on an annual basis to ensure that all personnel responsible for providing Emergency Response Services continue to meet the requirements of the 

## Regulations. Settling Defendant' s obligation under this Consent Decree to fund and conduct refresher training shall cease upon EPA' s certification of Completion of the Remedial Action provided however, that nothing in this sentence shall affect any of the Settling Defendant' s duties independent of this Consent Decree pursuant to any law or regulation, including, but not limited to, the Occupational safety and Health Act, 29 U.

S 651, 

## seq within sixty (60) days after receipt of notice of lOdging of this Consent Decree , the Settling Defendant shall submit written documentation to EPA and the Commonwealth of its compliance with this Paragraph. settling Defendant shall annually submit to EPA and the Commonwealth updated written docUMentation of its compliance with this Paragraph within thirty (30) days of its completion of the annual refresher training required hereunder.

The United states and the Commonwealth do not assume any liability by entering into this Consent Decree or by virtue of any designation of Settling Defendant for purposes of. I

- 15 -

performing services pursuant to this Consent Decree. 

# Settling Defendant shall indemnify, save, and hold harmless the United states and the Commonwealth and their officials, agents, 

## employees , contractors, subcontractors, or representatives, for or from any and all claims or causes of action arising from, or on account of, acts or omissions of settling Defendant , its 

# officers , directors, employees, agents, contractors, subcontractors, and any persons acting on its behalf or under its 

# control, in carrying out activi ties pursuant to this Consent 

## Decree. Further, the Settling Defendant shall pay the United States and the Commonwealth all costs they incur including, but not limited to, attorneys fees and other expenses of litigation and settlement arising from, or on account of, claims made against the United States or the Commonwealth based on acts or omissions of settling Defendant, its officers, directors, employees, agents, contractors, subcontractors, or any persons acting on its behalf or under its control, in carrying out activities pursuant to this Consent Decree. Neither the united states nor the Commonwealth shall be held out as a party to any contract entered into by or on behalf of settling Defendant in carrying out activities pursuant to this Consent Decree. the Settling Defendant nor any such contractor shall be 

## Neither

considered an agent of the United states or the Commonwealth.



## VI. NOTICE REQUIREMBNTS 

### 10. In the event that settling Defendant provides Emergency Response Services pursuant to Paragraph 4 of this Consent 

## Decree,- 16 -

settling Defendant shall immediately notify the EPA' s Project Coordinator, or, if the Project Coordinator is unavailable, EPA' 

### Alternate Project 

## Coordinator. If neither of these persons is available, Settling Defendant shall immediately notify the EPA Emergency Response unit, Region Settling Defendant shall also promptly notify the Commonwealth proj ect Coordinator and the DEP 

### Emergency Response Branch. Within five (5) days after the Emergency Response Services were provided, Settling Defendant shall notify EPA and the Commonwealth, in writing, of all Emergency Response Services provided to EPA, the commonwealth, their contractors , representatives , or agents performing the response actions at the 

# site. Said notice shall: (i) state the date and time Emergency Response Services were provided; 

# (ii) describe the Emergency Response Services provided; (iii) identify the persons performing the Emergency Response Services; and 

## (iv) state the current status of the matter regarding which the Emergency Response Services were provided.



## VII. PROPERTY ACCESS 

### 11. a. commencing upon the date of settling Defendant' signature of this Consent Decree, the Settling Defendant shall immediately grant the Commonwealth, the united States, and the United States' and the Commonwealth' s employees, agents, or 

## representatives , including contractors, and the Performing 

# Parties , an irrevocable right of access at all reasonable times to the Meadow Brook Property and any other property owned and/or controlled by settling Defendant to which access is required for, '

- 17 -

the implementation of the Remedial Action, Operation and Maintenance, and any other response actions determined by EPA or DEP to be appropriate for the 

# Site. Access includes, but is not limited to, access to any easement which Settling Defendant has at the site and/or other property, which EPA may deem necessary to implement, operate, and/or maintain the Remedial Action at the

Si te and any other response action that may need to be taken at 

# the site. The purposes for which access is required may 

## include, 

## but are not limited to:

Designing, implementing, and/or monitoring the Remedial Action selected by EPA pursuant to the ROD or any subsequent response actions selected by EPA for the Site or any additional work deemed necessary by EPA to meet the objectives of the ROD for this Site, including design and remedial activities performed on the site;

Verifying any data or information submitted to the united States or to the Commonwealth;

Conducting activities which EPA or the Commonwealth deems necessary for the operation and Maintenance of the Remedial Action selected for the 

## Site;

Implementing any removal action conducted or deemed necessary by EPA or the Commonwealth under Section 104 of CERCLA;

Verifying that no action is being taken in violation of this Consent Decree (including Appendix A hereof) or any other federal or state environmental laws or regulations;

Observing and monitoring any investigative,. .

- 18 -

remedial, or other activities at the Site;

conducting investigations relating to contamination at or near the site, including, without limitation, sampling of air, water, sediments , or soi 

### ls ;

Assessing the need for, or planning or implementing additional response actions at or near the site;

Inspecting records , related to or covered by this 

### Consent Decree;



### 10. obtaining access , as requested by the united states or the Commonwealth, to other portions of the site and/or 

# off-si te property that is not owned or controlled by the settling Defendant; and



### 11. any other lawful purpose. Nothing in this Paragraph or in the grant of access described herein shall limit or otherwise affect EPA' s or the 

### Commonwealth' s rights of entry and access otherwise provided by law or regulation.

The right of access to be provided by the Town, pursuant to Paragraph 11. a. and Appendix A hereof, is set forth in Appendix A hereof, which Settling Defendant shall record in order to assure an enforceable right of access pursuant to local and Commonweal th law. The right of access to be provided to the United states and the Commonwealth pursuant to this Consent Decree is for the benefit of the united states and the
Commonweal th. Prior to the filing and/or recording of any additional document regarding the united states' or the- 19 -



### commonwealth' s right of access, the form and substance of such document shall have the prior approval of the United 

# states. the event that any recorded document establishing a right of access is determined by EPA, after opportunity for review and comment by the Commonwealth, to require modification, Settling Defendant agrees to promptly provide the requested right of access and to obtain the approval of the United states prior to the prompt recordation of any documentation required to establish an enforceable right of access pursuant to local and Commonwealth 

### law. 12. Nothing in this Consent Decree shall in any manner restrict or limit the nature or scope of response actions which may be taken or ordered by EPA or taken by the Commonwealth in fulfilling their responsibilities under federal 

## law. 

# settling Defendant shall cooperate fully with EPA and the Commonwealth in the implementation of all response actions at the Site, and recognizes that response actions may be performed by contractors, consultants, agents or authorized representatives of EPA, the Commonwealth, or other potentially responsible parties under the terms of a consent decree or an administrative order. 

# Settlinq Defendant further agrees that it shall not interfere with such response actions nor take actions at the Site that are inconsistent with or adversely affect any response action selected by EPA and carried out by any person. 

# Settlinq Defendant recognizes that the implementation of response actions at the site may interfere with Settling Defendant' s use of the. .

- 20 -

Meadow Brook Property, and that certain activities at the site and on the Meadow Brook Property may interrupt or interfere with the use of or activities on the Meadow Brook Property. 

## VIII. 

# COVES. CONDITIONS. AKRBSTRICTIOll8 

### 13. commencing upon the date of Settling Defendant' signature of the Consent Decree, the Settling Defendant shall provide covenants, conditions, and restrictions on the Meadow Brook Property and any other property owned or controlled by the Settling Defendant on which covenants , conditions, and restrictions are required for the implementation of the Remedial Action, operation and Maintenance, and other response actions that may need to be taken at the 

# site. The covenants, conditions, and restrictions to be provided to the United States and the Commonwealth pursuant to this Consent Decree are for the benefit of the United states and the Commonwealth. 

### These covenants, conditions, and restrictions are part of the Remedial Action selected for the Site, and shall affect and/or restrict the use of the site property by the Settling Defendant and any successors- in-title. Settling Defendant agrees to the following covenants, conditions, and restrictions on use of the Meadow 

## Brook Property:

The Meadow Brook Property shall never be used to extract groundwater, except for the limited purpose of monitoring groundwater contamination 

# levels. Groundwater wells installed for such purpose shall only be installed pursuant to a plan approved by EPA after a reasonable opportunity for review by the. .

- 21 -

Commonwealth, in accordance with the procedure set forth in the Notice of Right of Access and Declaration of Covenants, 

## Conditions, and Restrictions.

The soils or other ground-covering materials that cover the Disposal Areas as part of the Remedial Action ("Cover" ) and the soils underlying such Cover shall not be disturbed or modified in any manner, and no action shall be taken which could affect or disturb in any manner the integrity or effectiveness of the Cover, except pursuant to a plan approved

## ' in writing by EPA prior to initiation of any activity, after a reasonable opportunity for review by the Commonwealth, in accordance with the procedure set forth in the Notice of Right of Access and Declaration of Covenants , Conditions , and Restrictions.

No use or activity shall be permitted on any portion of the Meadow Brook Property which may disturb or adversely affect any of the remedial measures implemented or to be implemented at the site, which measures may include , without limitation: systems to collect, contain, treat , and discharge groundwater; systems or containment areas to excavate, dewater , store, treat, and dispose of soils and sediments; capping of contaminated soils and sediments, and systems to monitor implementation of the RemedialAction and to provide long-term environmental monitoring of onsite groundwater, soils , and sediments. 

### 14. The Notice of Right of Access and Declaration of Covenants, Conditions, and Restrictions shall run with the land and shall remain in effect (and shall so state) unless and until. .

- 22 -

there is recorded a notice, approved and signed by EPA stating that the Meadow Brook Property is not subject to a right of access or one or more of the enumerated covenants, condi tions, or restrictions or stating that one or more of the enumerated covenants, conditions , or restrictions is modified as specified in a recorded notice.



### IX. STIPULTBD PENATIBS 

### 15. For each day that Settling Defendant fails to comply 

### with the Property Access (Section VII and Appendix A) or Covenants, conditions, and Restrictions (Section 

### VIII and Appendix A) provisions of this Consent Decree, the Settling Defendant shall pay to the United states, as a stipulated penal ty, the following amounts: Days 1-14 of violation Days 15-30 of violation 

### $3,750 per day 

### 500 per day 

### $11,250 per day that has not been 

## complied Days 31 and above of violation for each requirement of those Sections 

## with. For each day that Settling Defendant fails to comply with any other requirement of this Consent Decree, the Settling Defendant shall pay to the United States, as a stipulated penalty, the following 

### amounts: Days 1-14 of violation $750 per day 

### $1, 500 per day Days 15 and above of violation for each requirement of the Consent Decree that has not been 

## complied with. Stipulated penalties are due and payable within 

# thirty (30) days of demand for payment by the United States. 

## All- 23 -

payments under this Paragraph shall be paid by certified check made payable to "EPA Hazardous Substance Superfund, " shall be mailed to EPA Region I, P. O. Box 360197M, Pittsburgh, PA 

### 15251, and shall reference CERCLA Site/spill Identification 

# numer01-51 and DOJ Case Number 90-11-2-372D. Copies of checks paid pursuant to this Paragraph, and any accompanying transmittal letter, shall be sent to the united states and to EPA as provided in Section 

## XVII hereof (Notices and SUbmissions). Penalties shall accrue regardless of whether EPA or the Commonwealth has notified the settling Defendant of the violation or made a demand for 

### payment. 

### 16. For each day that Settling Defendant fails to comply 

### with the Property Access (Section VII and Appendix A) or Covenants, conditions, and Restrictions (Section VIII and Appendix A) provisions of this Consent Decree, the Settling Defendant shall pay to the Commonwealth, as a stipulated penalty, the following amounts: Days 1-14 of violation Days 15-30 of violation Days 31 and above of violation 

### $1, 250 per day 

### $2, 500 per day 

### $3, 750 per day for each requirement of those sections that has not been complied 

## with. For each day that Settling Defendant fails to comply with any other requirement of this Consent Decree, the Settling Defendant shall pay to the Commonwealth as a stipulated penalty the following amounts: Days 1-14 of violation Days 15 and above of violation $250 per day $500 per day- 24 -

stipulated penal ties are due and payable wi 

### thin thirty (30) days of demand for payment by the Commonwealth. 

## Unless the Commonwealth has provided Settling Defendant with different instructions in writinq prior to the time stipulated penalties become due , payment of stipulated penalties to the Commonwealth shall be paid by certified check made payable to "The Commonwealth of Massachusetts, " shall be mailed to Nancy Harper, Assistant Attorney General, Environmental Protection Division, 200 Portland Street, Boston , MA 02114, and shall

reference Commonwealth of Massachusetts v. Town of Norwood. 

## Massachusetts Copies of checks paid pursuant to this Paragraph, and any accompanying transmittal letter, shall be sent to the Commonwealth as provided in Section XVII hereof (Notices and 

### SUbmissions) . Penalties shall accrue regardless of whether the Commonwealth has notified the Settling Defendant of the violation or made a demand for 

### payment. 17. In the event Settling Defendant fails to pay a stipulated penalty, the United States and/or the Commonwealth may 

## insti tute proceedings in this action or in a new action in the United States District Court for the District of Massachusetts to recover such stipulated penalty, for injunctive relief, for contempt, and/or for any other appropriate relief. 

# I f the United States or the Commonwealth must bring an action to collect any payment required by this Consent Decree , the Settling Defendant shall reimburse the United States and the Commonwealth for all costs of such action, including but not limited to costs of- 25 -

attorney time. Notwithstanding any other provision of this section, the United states and the Commonwealth may 

## each, in their unreviewable discretion , waive any portion of stipulated penalties that have accrued pursuant to this Consent Decree. 

### 18. Payments made pursuant to Paragraphs 15-17 shall be in addition to any other relief, remedies or sanctions available to Plaintiffs by virtue of settling Defendant' s failure to comply
wi th the terms of this Consent Decree. 

### THB MEAW BROOK PROPERTY 

### 19. Within thirty (30) days of the date of entry of this Consent Decree, Settling Defendant shall record the Notice of Right of Access and Declaration of Covenants , Condi tions, 

### and 

# Restrictions (attached as Appendix A to this Consent Decree) and the Attachment to Appendix A with the Norfolk County Registry of Deeds, Norfolk County, Massachusetts. 

## 20. Any interest in the Meadow Brook Property may be transferred only upon prior written approval of EPA, after opportuni ty for review and comment by the Commonwealth. 

# At least 

# sixty (60) days prior to the date of any proposed transfer, Settling Defendant shall notify EPA and the Commonwealth in writing of such proposed transfer, including the name of the grantee, a description of the grantee' s proposed use of the Meadow Brook Property or interest therein, a description of the terms and obligations of the settling Defendant under this Consent Decree proposed to be performed by such grantee, and a 

### wri tten agreement signed by the grantee to assume those proposed- 26 -

terms and obligations of the Settling Defendant under this 

## Consent Decree. If the settling Defendant has timely provided the foregoing information to EPA and the Commonwealth, EPA may disapprove of the transfer of any interest in the Meadow Brook Property if EPA, after opportunity for review and comment by the Commonwealth, determines that the contemplated use of the Meadow Brook Property by the grantee may interfere with or is inconsistent with the response actions taken or to be taken at 

# the site. EPA' s approval of any transfer shall not constitute a finding or warranty that the planned or actual subsequent use of the Meadow Brook Property by the grantee will not interfere with the response actions taken or to be taken at the 

# site. In the event of such transfer, all of Settling Defendant' s obligations pursuant to this Consent Decree shall continue to be met by Settling Defendant , or, if EPA, after opportunity for review and comment by the Commonwealth, approves in writing, shall continue to be met by Settling Defendant and the grantee. 

### However, ( 1) in no event shall the transfer of any interest in the Meadow Brook Property by settling Defendant relieve Settling Defendant of its obligations under section V of this Consent Decree, and (2) any transfer of the Meadow Brook Property, or any portion thereof, shall take place only if the grantee agrees, as a part of the agreement to purchase or otherwise obtain the Meadow Brook Property, that it will provide access and comply with the covenants, conditions , and restrictions , as set forth in Appendix A to this Consent Decree, with respect to the Meadow Brook- 27 -



## Property transferred. Any deed

# , title , or other instrument of conveyance shall contain a notice that the Meadow Brook Property is the subj ect of this Consent Decree and is subj ect to the Notice of Right of Access and Declaration of Covenants, Conditions, and Restrictions. said notice (contained in the deed, title, or other instrument of conveyance) shall also 

### contain a copy of 

### ( 1) the Notice of Right of Access and Declaration of Covenants, Conditions , and Restrictions (Appendix 

### A to this Consent 

## Decree), and (2) the Notice of Consent Decree (Attachment 1 to Appendix 

### A) .



## XI. COVBNASNOT TO SUB BY 

### PLAIIlIFI'S 

### 21. Covenant not to sue bv the United states In consideration of the actions that will be performed by the settling Defendant under the terms of the Consent Decree, and except as specifically provided in Paragraphs 23, 24, and 29 hereof, the United states on behalf of EPA covenants not to sue or to take administrative action against Settling Defendant pursuant to sections 106 and 107(a) of CERCLA, 42 U. C. SS 9606 and 9607, for reimbursement of Response Costs and implementation of the ROD for the 

# site. These covenants not to sue by the United states shall take effect upon Certification of Completion of the Remedial Action by EPA. These covenants not to sue by the United states are conditioned upon the complete and satisfactory performance by Settling Defendant of its obligations under this 

## Consent Decree. These covenants not to sue by the United states extend only to the Settling Defendant and do not extend to any- 28 -

other person. 

### 22. Covenant not to sue bv the Commonwealth In consideration of the actions that will be performed by the settling Defendant under the terms of the Consent Decree, and except as specifically provided in Paragraphs 26, 27, and 29 hereof, the Commonwealth, on behalf of the DEP, covenants not to sue or to take administrative action against the settling Defendant pursuant to section 107(a) of CERCLA, 42 U. C. S 9607, L. c. 21E, and the common law of nuisance, for reimbursement of Commonwealth Response Costs , provided however, that the Commonwealth reserves its right to pursue Settling Defendant for any response costs to be incurred in connection with any additional response actions that EPA determines are necessary to meet performance standards or to carry out the remedy selected in the ROD. These covenants not to sue by the Commonwealth shall take effect upon certification of completion of the Remedial Action by EPA. These covenants not to sue by the Commonwealth are conditioned upon the complete and satisfactory performance by settling Defendant of its obligations under this Consent Decree. These covenants not to sue by the Commonwealth extend only to the Settling Defendant and do not extend to any other person. 

### 23. United States' Pre-certification reservations. Notwithstanding any other provision of this Consent 

## Decree, the United States reserves , and this Consent Decree is without prejudice to, the right to institute proceedings in this action or in a new action , or to issue an administrative order, seeking- 29 -



### to compel settling Defendant (1) to perform further response 

### actions relating to the site or (2) to reimburse the united states for additional costs of response if, prior to certification of completion of the Remedial Action:



## (i) conditions at the Site , previously unknown to EPA, 

## are discovered, or (ii) information, previously unknown to EPA, is received, in whole or in 

# part, and EPA determines based on these previously unknown conditions or information together with any other relevant information that the Remedial Action is not protective of human health or the 

## environment. 24. United States' Post-certification reservations. Notwithstanding any other provision of this Consent 

## Decree, the United states reserves , and this Consent Decree is without prejudice to, the right to institute proceedings in this action or in a new action , or to issue an administrative order seeking to compel Settling Defendant (1) to perform further response actions relating to the Site, or (2) to reimburse the United states for additional costs of response if, subsequent to certification of Completion of the Remedial Action:



### ( i) conditions at the Site, previously unknown to EPA are discovered, or (ii) information, previously unknown to EPA, is 

## received , in whole or in part, and EPA determines based on these previously unknown conditions- 30 -

or this information together with other relevant information that the Remedial Action is not protective of human health or the 

## environment. 25. For purposes of Paragraph 23, the information and the conditions known to EPA shall include only that information and those conditions set forth in the Record of Decision for the site and the administrative record supporting the Record of 

## Decision. For purposes of Paragraph 24, the information and the conditions known to EPA shall include only that information and those 

### condi tions set forth in the Record of Decision, the administrative record supporting the Record of Decision, and the record for the site compiled by EPA pursuant to the NCP following issuance of the Record of Decision but prior to issuance of the certification of completion of the Remedial Action. 

### 26. The Commonwealth' s Pre-certif ication 

# reservations. Notwithstanding any other provisions of this Consent 

## Decree,
the Commonwealth on behalf of the DEP, reserves, and this Consent Decree is without prejudice to, any right jointly with, or separately from , the united states to institute proceedings in this action or in a new action under Section 107 of CERCLA, 42 C. S 9607, or under M. L. c. 21E, seeking to compel the 

### Settling Defendant (1) to perform other response actions at the 

# site, or (2) to reimburse the Commonwealth for additional response costs for response actions at the Site, to the extent that EPA has determined that any response actions required or 

# taken under (1) and (2) above in this Paragraph will not- 31 -

significantly delay or be inconsistent with the Remedial Action, if, prior to certification of Completion of the Remedial Action:



## (i) conditions at the site, previously 

### unnown to 

## the Commonwealth, are discovered or become known to the commonwealth, or (ii) information previously unknown to the Commonwealth is received by the Commonwealth, in whole or in 

# part, and the Commissioner of the Massachusetts Department of Environmental Protection, or his or her delegate determines, pursuant to M. L. c. 21E, based on these previously unknown conditions or this information together with any other relevant information that the Remedial Action fails to protect against a significant risk to health, safety, public welfare , and the environment during any foreseeable period of time. The united states reserves all rights it may have under applicable law to oppose any determinations made or any actions taken, ordered or proposed by the Commonwealth pursuant to this Paragraph. 

### 27. The Commonwealth' s post-certification reservations. Notwithstanding any other provisions of this Consent 

## Decree, the Commonwealth on behalf of the DEP, reserves, and this Consent Decree is without prejudice to, any right jointly with, or separately from, the united states to institute proceedings in this action or in a new action under section 107 of CERCLA, 42 C. S 9607, or under M. L. c. 21E, seeking to compel the 

### Settling Defendant (1) to perform other response actions at the- 32 -



# site, or (2) to reimburse the commonwealth for additional response costs for response actions at the site, to the extent that EPA has determined that any response actions required or 

# taken under

# (1) and (2) above in this Paragraph will not significantly delay or be inconsistent with the Remedial Action, if, subsequent to certification of completion of the Remedial 

## Action: 

## (i) conditions at the site, previously unknown to the

commonwealth, are discovered or become known , or (ii) information previously unknown to the Commonwealth is received by the Commonwealth, in whole or in 

# part, and the Commissioner of the Department of Environmental Protection, or his or her delegate determines, pursuant to M. c. 21E, based on these previously unknown conditions or this information together with any other relevant information, that the Remedial Action fails to protect against a significant risk to health, safety, public welfare , and the environment during any foreseeable period of time. The United States reserves all rights it may have under applicable law to oppose any determinations made or any actions taken, ordered or proposed by the Commonwealth pursuant to this Paragraph. 

### 28. For purposes of Paragraph 26, the information and the conditions known to the Commonwealth shall include only that information and those conditions set forth in the Record of Decision for the site and the administrative record supporting- 33 -

the Record of Decision. For purposes of Paragraph 27, the information and the conditions known to the Commonwealth shall include only that information and those conditions set forth in the Record of Decision, the administrative record supporting the Record of Decision, the DEP site file, and the record for the site compiled by EPA pursuant to the NCP, following issuance of the Record of Decision but prior to issuance of the certification of completion of the Remedial Action. 

### 29. General reservations of riahts The covenants not to sue set forth above do not pertain to any matters other than those expressly specified in Paragraphs 21 

### and 22. The United states and the Commonwealth reserve, and this Consent Decree is without prejudice to, all rights against Settling Defendant with respect to all other matters, 

## including, but not limited to, the 

## following: ( 1) claims based on a failure by Settling Defendant to meet a requirement of this Consent Decree; 

### (2) liability arising from the past , present , or future disposal, release, or threat of release of Hazardous Materials 

# outside of the Site; (3 ) liability for damages for injury to, destruction of, or loss of natural resources, including the reasonable costs of assessing such injury, destruction , or loss; (4 ) liability for response costs that have been or may be incurred by any federal agencies other than EPA or the Department of Justice on behalf of EPA, or by any Commonwealth agency other- 34 -

than the DEP; 

### (5) ( 6) criminal liability; liability, if any, for violations of federal or state law; and 

### (7) liability arising from the future disposal, release, or threat of release of Hazardous Materials at the site.



## XII. 

# COVES BY SBTTLIIIG DBFBHAH 

### 30. settling Defendant hereby covenants not to sue and agrees not to assert any claims or causes of action against the United states or the Commonwealth, including any department, agency, or instrumentality of the united states or the Commonwealth, with respect to the Site or this Consent Decree, including, but not limited to: any direct or indirect claim for reimbursement from the Hazardous Substance Superfund (established pursuant to the Internal Revenue Code, 26 U. C. S 9507), under CERCLA sections 106 (b) (2), 107, 111, 112, or 113, and M. 

# L. c. 21E, or any other provision of law; any claim pursuant to CERCLA sections 107 or 113 or M. L. c. 21E related to the site; any tort claim; any claims for costs, attorneys fees, other fees, or expenses incurred in this action, including claims under 28 

## C. S 2412 (including claims under the Equal Access to Justice Act, as amended, 28 U. C. S 2412(d)); any claim under the United states or Commonwealth Constitutions, the Tucker Act, 28 U. S 1491, Massachusetts law or common law , or claims arising out of or relating to past or future access to, imposition of covenants, conditions, and restrictions on, or other restrictions on the use- 35 -

or enjoyment of the Meadow Brook Property, the site, or any property owned or controlled by the Settling Defendant adjacent to the site affected by the covenants, conditions, and restrictions and access rights herein, or response activities at the site; or any claims

## . arising out of the release or

## threatened

release of Hazardous Materials into the environment at the site or on the Meadow Brook Property.

The Settling Defendant acknowledges that performance of the Remedial Action may require the excavation of the sediments and the banks of the Meadow Brook Property, and restoration of the same as specified in the ROD.

The Settling Defendant acknowledges that it shall be responsible for, and that neither EPA nor the Commonwealth shall bear any responsibility for, maintainance of Meadow Brook subsequent to the completion of that portion of the Remedial Action addressing contaminated Meadow Brook soils and 

## sediments.

Nothing in this Consent Decree shall be deemed to constitute preauthorization of a claim within the meaning of section 111 of CERCLA, 42 

## u. S. C.S 9611, or 40 C. F .

S 300. 

## 700(d). 31. As provided in section 121(e) (1) of 

### CERCLA, 42 U.
S 9621(e) (1), and 40 C. R. S 300. 400(e) of the NCP, no permit shall be required for any portion of the Remedial Action or Operation and Maintenance conducted within the areal extent of contamination or in very close proximity to the contamination and necessary for implementation of the Remedial Action or Operation- 36 -



### and Maintenance. Therefore, actions taken pursuant to and/or in furtherance of the Remedial Action or operation and Maintenance will not be subj ect to any permit or inspection requirements set forth by the Settling Defendant. 

## XIII. BI'FBCT OF SBTTLEMBH: CONTRIBUTIOII PROTBCTIOH 

### 32. Nothing in this Consent Decree shall be construed to create any rights in, or grant any cause of action to, any person not a party to this Consent Decree. Each of the Parties expressly reserves any and all rights (including, but not limited to, any right to contribution), defenses, claims, demands, and causes of action which it may have with respect to any matter, transaction, or occurrence relating in any way to the site 

# against any person not a party hereto. 33. with regard to claims for contribution against Settling Defendant for Response Costs, commonwealth Response Costs, and implementation of the ROD at the Site , the Parties hereto agree that the Settling Defendant is entitled to such protection from contribution actions or claims as is provided by CERCLA section 113 (f) (2), 

## S 3A(j) (2). S 9613 (f) (2), and M. L. c. 21E,



### 34. Settling Defendant agrees that with respect to any suit or claim for contribution brought by it for matters related to this Consent Decree it will notify the united States in writing 

### no later than sixty (60) days prior to the initiation of such suit or claim. Settling Defendant also agrees that with respect to any suit or claim for contribution brought against it for- 37 -

matters related to this Consent Decree, it will notify in writing the united states and the Commonwealth within ten (10) days of service of the complaint on 

# it. In addition, Settling Defendant shall notify the United states within ten (10) days of service or receipt of any Motion for 

## sumary Judgment and within ten 

### (10) days of receipt of any order from a court setting a case for trial for matters related to this Consent Decree. 

### 35. In any subsequent administrative or judicial proceeding initiated by the united states or the Commonwealth for injunctive relief, recovery of response costs, or other appropriate relief relating to the Site, Settling Defendant shall not assert, and may not maintain, any defense or claim based upon the principles

of waiver, res iudicata , collateral estoppel, issue preclusion, claim-spli tting, or other defenses based upon any contention that the claims raised by the united states or the Commonwealth in the subsequent proceeding were or should have been brought in the instant case; provided, however, that nothing in this Paragraph affects the enforceability of the covenants not to sue set forth 

### in section XI hereof (Covenants Not to Sue by Plaintiffs). 

### XIV. OTHER LAWS 

### 36. settling Defendant shall undertake all activities pursuant to this Consent Decree and all actions at the site in accordance with the requirements of all applicable or relevant and appropriate state and federal laws and regulations and permi ts issued thereunder, including laws relating to 

## occupational safety and health.- 38 - 

## xv. ACCESS TO IHIORMTIOH 

### 37. Settling Defendant shall provide to EPA and the Commonwealth, upon request, copies of all documents and information within its possession or control or that of its contractors or agents relating to activities at the site or the liability of any person for response actions at the site, including, but not limited to, sampling, analysis, chain of custody records, manifests, trucking logs, receipts, reports, sample traffic routing, correspondence, or other documents or information related to the 

# site.

The Settling Defendant may assert that certain documents, records and other information requested under or required to be produced pursuant to this Consent Decree are privileged under the attorney-client privilege or any other privilege recognized by federal or state 

### law. If the Settling Defendant asserts such a privilege in lieu of providing documents, it shall provide the Plaintiffs with the following: (1) the title of the document, record, or information; (2) the date of the document, record, or 

# information; (3) the name and title of the author of the document, record, or information; 

### (4) the name and title of each addressee and recipient; (5) a description of the subject of the document, record, or 

## information; and (6) the privilege asserted. However, no documents, reports or other information created or generated pursuant to the requirements of this or any other consent decree with the united States or the Commonwealth relating to the site- 39 -

shall be withheld from the united states or the Commonwealth on the grounds that they are privileged. If a claim of privilege applies only to a portion of a document, the document shall be provided to Plaintiffs in redacted form to mask the privileged 

## information only. Settling Defendant shall retain all documents, records, and other information that it claims to be privileged until the United States or the Commonwealth has had a reasonable opportunity to dispute the privilege claim and any such dispute has been resolved in settling Defendant' s favor. 

### XVI. RETENTION 01' RBCORDS 

### 38. 

# Until ten (10) years after the entry of this Consent Decree, Settling Defendant shall preserve and retain all records and documents now in its possession or control or which come into its possession or control that relate in any manner to response actions taken at the site or the liability of any person for response actions conducted and to be conducted at the 

# site. 39. At the conclusion of this document retention period, settling Defendant shall notify the United States and the Commonwealth at least ninety (90) days prior to the destruction of any such records or documents, and, upon request by the united States or the Commonwealth, Settling Defendant shall deliver any such records or documents to the EPA or the Commonwealth. 

### 40. settling Defendant hereby certifies that it has not altered, mutilated, discarded, destroyed or otherwise disposed of any records, documents , or other information relating to its potential liability regarding the Site since notification of- 40 -

potential liability by the United states or the Commonwealth or the filing of suit against it regarding the site and that it has fully complied with any and all EPA requests for information pursuant to sections 104 (e) and 122 (e) of CERCLA and section 3007

of RCRA. 

### XVII. BOTICES AN SUBMISSIOBS 

## 41. Whenever, under the terms of this Consent Decree, notice is required to be given or a document is required to be sent by one party to another, it shall be directed to the individuals at the addresses specified below, unless those individuals or their successors give notice of a change to the 

## other Parties in writing. Written notice as specified herein shall constitute complete satisfaction of any written notice requirement of the Consent Decree with respect to the united states, EPA, the Commonwealth, and the Settling Defendant. As to the united states: Chief, Environmental Enforcement Section Environment and Natural Resources Division U. s. Department of Justice o. Box 7611 Ben Franklin station Washington, D.

# C. 20044 Re: 90-11-2-372D 

## Director , Office of site Remediation and Restoration United States Environmental Protection Agency 

## Region I JFK Federal Building 

## Boston, MA02203-2211 Re: 01-51

# --" 

# ----

- 41 -

As to EPA: Remedial Project Manager Norwood PCB Superfund Site U. S. Environmental Protection

J. F . 

### K. Federal Building (HBO) Boston, Massachusetts 02203 Re: 01-51 Agency - Region I

As to the Commonwealth: Nancy Elizabeth Harper Assistant Attorney General Environmental Protection Division Office of the Attorney General 200 Portland Street Boston, MA 02114 Environmental Engineer Norwood PCB Superfund Site Department of Environmental Protection Bureau of Waste site Cleanup Superfund section One winter Street - Fifth Floor Boston, MA 02109 As to Settlina Defendant: John J. Carroll General Manager 566 Washington st. Norwood, MA 02062 

## XVIII. DISPUTE RESOLUTIOB 

### 42. Unless otherwise expressly provided for in this Consent Decree, the dispute resolution procedures of this section shall be the exclusive mechanism to resolve disputes between EPA and Settling Defendant or between the Commonwealth and settling Defendant arising under or with respect to this Consent Decree. The procedures for resolution of disputes which involve EPA are 

## governed by Paragraphs 43 to 50. The Commonwealth may participate in such dispute resolution proceedings to the extent specified in Paragraphs 43 to 

### 50. Disputes between the- 42 -

Commonwealth and the Settling Defendant to which EPA is not a party are governed by Paragraph 

### 51. However, the procedures set forth in this Section shall not apply to actions by the United States or the Commonwealth to enforce obligations of Settling Defendant that have not been disputed in accordance with this 

## Section. In addition, the provisions of this Section shall not apply to, and there shall be no right of dispute resolution with respect to, issues relating to Property Access (Section VII) and imposition of Covenants, Conditions , and Restrictions (section VIII and Appendix A) The Settling Defendant agrees that any disputes with respect to Property Access and imposition of Covenants, Conditions , and Restrictions will be subject only to administrative or judicial resolution. 

### 43. Any dispute which arises under or with respect to this Consent Decree shall in the first instance be the subject of informal negotiations between the parties to the dispute.. The period for informal negotiations shall not exceed 20 days from the time the dispute arises , unless this time period is modified by written agreement of the parties to the dispute. The dispute shall be considered to have arisen when one party sends the other party a written Notice of Dispute. 

### 44. In the event that the parties cannot resolve a dispute by informal negotiations under the preceding Paragraph, then the 

## position. advanced by EPA, after reasonable opportunity for review and comment by the Commonwealth, shall be considered binding unless, within 10 days after the conclusion of the informal- 43 -

negotiation period, settling Defendant invokes the formal dispute resolution procedures of this section by serving on the United states and the Commonwealth a written statement of Position on the matter in dispute, including, but not limited to, any factual data, analysis or opinion supporting that position and any supporting documentation relied upon by settling Defendant. 

### 45. wi

### thin thirty 

## (J 0) days after receipt of the Settling 

## Defendant' s Statement of position, EPA, after reasonable opportunity for review and comment by the Commonwealth, shall serve on the Settling Defendant its statement of Position, including, but not limited to, any factual data, analysis, or opinion supporting that position and all supporting documentation relied upon by EPA. The Commonwealth may also serve a Statement of position within the thirty (30) day time limit set forth above in this Paragraph. 

### 46. 

## An administrative record of the. dispute shall be maintained by EPA and shall contain all statements of Position, including supporting documentation, submitted pursuant to this 

## section. Where appropriate , EPA may allow submission of supplemental statements of position by the settling Defendant, EPA, or the Commonwealth. Nothing in this Consent Decree shall be construed to allow any dispute by the Settling Defendant regarding the provisions of the ROD. 

### 47. The Director of the Office of site Remediation and 

## Restoration , EPA Region I , will issue, after reasonable opportunity for review and comment by the commonwealth, a final- 44 -

administrative decision resolving the dispute based on the administrative record described in Paragraph 46. This decision shall be binding upon the settling Defendant, subject only to the right to seek judicial review pursuant to Paragraph 

### 48. 

## 48. Any administrative decision made by EPA pursuant to Paragraph 47 shall be reviewable by this Court, provided that a notice of judicial appeal is filed by the Settling Defendant with the Court and served on all Parties within 10 days of receipt of EPA' s decision. The notice of jUdicial appeal shall include a description of the matter in dispute , the efforts made by the parties to resolve it, the relief requested, and the schedule, if any, wi thin which the dispute must be resolved to ensure orderly implementation of this Consent Decree. The United States and the Commonwealth each may, within 30 days , file a response to the Settling Defendant' s notice of judicial appeal. 

### 49. In proceedings on any dispute appealed to this 

## Court, Settling Defendant shall have the burden of demonstrating that the decision of the Office of site Remediation and Restoration Director is arbitrary and capricious or otherwise not in accordance with 

### law. Judicial review of EPA' s decision shall be on the administrative record compiled pursuant to Paragraph 

### 46. 

### 50. The invocation of formal dispute resolution procedures under this section shall not extend, postpone or affect in any way any obligation of the Settling Defendant under this Consent Decree not directly in dispute , unless EPA, after reasonable opportunity for review and comment by the Commonwealth, or the- 45 -

Court, agrees otherwise. stipulated penalties with respect to the disputed matter shall continue to accrue but payment shall be stayed pending resolution of the dispute pursuant to the procedures set forth in this 

## section. Notwithstanding the stay of payment, stipulated penalties shall accrue from the first day of noncompliance with any applicable provision of this Consent 

## Decree. In the event that settling Defendant does not prevail on the disputed issue, stipulated penalties shall be assessed and 

# paid as provided in Section IX (stipulated

# penalties). 51. DisDutes solelv between the Commonwealth and the Town Disputes arising qnder the Consent Decree between the Commonwealth and the settling Defendant that relate solely to a failure by the Settling Defendant to grant access only to the Commonweal th or its employees, agents, or representatives including its contractors , to the Meadow Brook Property, and assessment of stipulated penalties by the Commonwealth with regard to the Settling Defendant' s failure to provide such access shall be governed in the following manner. The procedures for resolving the disputes mentioned in this Paragraph shall be the same as provided for in Paragraphs 43 to 50, except that each reference to EPA shall read as a reference to DEP, each reference to the Director of the Office of site Remediation and Restoration, EPA Region I, shall be read as a reference to the Commissioner of DEP, each reference to the united states shall be read as a reference to the Commonwealth, and each reference to the Commonwealth' s reasonable opportunity for review and comment- 46 -

shall be deleted. 

### XIX. RETBNTIOB OP JURZSDICTIOB 

## 52. This Court shall retain jurisdiction of this matter for the purpose of enforcing the terms of this Consent Decree. XX. APPENDICBS 

## 53. The following appendices are attached to and incorporated into this Consent Decree: Appendix A -- Notice of Right of Access and Declaration of 

## Covenants , Conditions, and Restrictions Appendix A, Attachment 1 -- Notice of Consent Decree Appendix B -- General Depiction of Norwood PCB Superfund 

# Site. 

# DI. LODGIBG

## AN OPPORTUNITY POR PUBLIC 

## COMK 54. This Consent Decree shall be subject to a thirty 

### (30) day public comment period consistent with section 122 

## (d) (2) of CERCLA, 42 U. C. S 9622(d) (2), and 28 C. R. S 50. The United states reserves the right to withdraw or withhold its consent to this Consent Decree if comments received regarding this Consent Decree disclose facts or considerations which indicate that the Consent Decree is inappropriate, improper or inadequate within the meaning of Section 122 

## (d) (2) of CERCLA, 42 U. 

### S 9622 (d) (2) . The Commonwealth may withdraw or withhold its consent to the entry of the Consent Decree if comments received disclose facts or considerations which indicate that the Consent Decree violates state 

### law. The united States reserves the right to challenge in Court the Commonwealth' s withdrawal from the Consent Decree, including the right to argue that the- 47 -

requirements of state law have been waived, pre-empted or otherwise rendered inapplicable by federal 

## law. The Commonwealth reserves the right to oppose the united states' position taken in opposition to the proposed withdrawal. In addition, in the event of the united states' withdrawal from this Consent Decree, the Commonwealth reserves its right to withdraw from this Consent 

## Decree. settling Defendant consents to the entry of this Consent Decree without further 

## notice. 55. If for any reason this Court should decline to approve this Consent Decree in the form presented , this Consent Decree is voidable at the sole discretion of any Party. 

## 56. The terms of this Consent Decree may not be used as evidence in any litigation, except in any action to resolve a dispute under this Consent Decree ( or to enforce any provision of this Consent Decree.

## DIX. SXGHATORIES SERVICB 

## 57. The undersigned Settling Defendant , Commonwealth Representative, and the Assistant Attorney General for the Environment and Natural Resources Division of the United states Department of Justice each certify that he or she is fully authorized to enter into the terms and conditions of this Consent Decree and to execute and legally bind such party to this 

### document. 

### 58. The settling Defendant shall identify, on the attached signature page, the name, address and telephone 

# numer of agent who is authorized to accept service of process by mail on- 48 -

its behalf with respect to all matters arising under or relating to this Consent Decree. Settling Defendant hereby agrees to accept service in that manner and to waive the formal service requirements set forth in Rule 4 of the Federal Rules of civil Procedure and any applicable local rules of this Court, including, but not limited to, service of a 

## sumons.



# DIll. PXHA JUDGMEN 

## 59. Upon entry by the Court , this Consent Decree shall constitute a final judgment by and between the united states, the Commonweal th of Massachusetts, and the Settling Defendant for purposes of Rule 54 of the Federal Rules of Civil Procedure.



# uxv. MODIFICATIOB 

### 60. No material modification shall be made to this Consent Decree without the written agreement of the Parties and the written approval of the 

## Court. Modifications to this Consent Decree that do not materially alter the Consent Decree may be made by written agreement of the Parties and will become effective upon filing with the Court. Nothing in this Consent Decree shall be deemed to alter the Court' s power to enforce, supervise or approve modifications to this Consent Decree.

so ORDERED THIS DAY OF , 1996.

united States District Judge- 49 -

THE UNDERSIGNED PARTY enters into this Consent Decree in the

matter of United States of America and the Commonwealth of Massachusetts v. Town of 

### Norwood. Massachusetts , relating to the Norwood PCB Superfund 

# site.

FOR THE UNITED STATES OF AMERICA



## Date: 

# 17A7

Date: 

## IIf7 

# Loi J. Sc ffer As istant ttorney General Environment and Natural Resources 

## Division u. S. Department of Justice

Jhington. D.

# C. 20530 

# M1: Trial Attorney 

## Environmental Enforcement Section Environment and Natural Resources Di

## vision Uni ted States Department of Justice O. Box 7611 Ben Franklin station washington, D.

# C. 20044

Donald K. Stern Uni ted 

## States Attorney united States Attorney' s Office 1107 J. W. McCormack Building 

## Boston, MA02109 

## George B. Henderson, I I Assistant united States Attorney 

## United States Attorney' s Office 

## 1107 J. W.. McCormack POCH 

## Boston, MA02109

## Date:

Date: 

# /;? /9C - 50 

# .;/y?Z

Patricia L. Meaney Assistant Regional Administrator 

## Region I U. S. Environmental Protection 

### Agency 

### J. F . K. Federal Building Boston, Massachusetts 02203

) '7 LeAnn W. Jens



## Enforcement C nsel, Office of Environmental Stewardship U. S. Environmental Protection 

### Agency 

## Region I J . F. K. Federal Bui

# lding ( SEL) 

## Boston , Massachusetts 02203- 51 -

THE UNER8TGNRD PARTY enters into this Consent Decree in the

matter ot united S es ot America and the Commonweal 

## Ma.saehu.. . v. Town o Horwood r M8 

## gAehu..tts , relatinq to the Norwood PCB Sup. fund site.


## Foa THCOMONWTH OF MASSACHSETTS SCOTT

## HAHBGER Attorney Can8ra 

## Date:

# 4. By: A-1f IJ 

### Nanoy E. 

## rp8r Assistant Attorney General 

## Environmntal Prot.c ion Division 200 Portland Street Boston. JI 02114- 52 -



### THE UNDERSIGNED PARTY enters into this Consent Decree in the

matter of 

### United states of America and the Commonwealth of Massachusetts v. Town of Norwood. Massachusetts , relating to the 

# Norwood PCB Superfund Site.

Date: 

# -fO. qrp TOWN OF NORWOOD

Agent Authorized to Accept Servic 

## Party: Name: 

# Title: Address: Telephone: John J. Carroll

Genera I Manager 

### 566 Washlngton Street (617) 762 124()I..

APPENDIX A Botice of Riqht of Acce.. and Declaration of Covenants, conditions, and Re.trictions UDder the Consent Decr.e in unit.d stat.. and the co..onvea1th of

...sachus.tt. v. Town of Borwood NOTICE OF RIGHT OF ACCESS AND COVENANTS, CONDITIONS, AND RESTRICTIONS IS HEREBY GIVEN by the owner of certain Property

located in the Commonwealth of Massachusetts 

## acquired by the
Town of Norwood, Massachusetts ("Town" ) in 1983, pursuant to an Order of Taking, as recorded by deed dated February 9, 1983 in Book 6116, page 492, at the Norfolk County Registry of Deeds, and shown on a plan of land entitled "compiled Plan of Land in Norwood, Massachusetts, dated August 31, 1960 by Norwood Engineering Co., Inc., C. E. " and recorded with the Norfolk Registry of Deeds as Plan No. 1472 of 1960 in Plan Book 

### 210. (This real property shall be referred to hereinafter as the 

## "Property") .

WHEREAS, this Notice of Right of Access and Declaration of Covenants, Conditions , and Restrictions (the "Notice" ) defines rights, covenants, conditions, and restrictions imposed on the Owners, as defined below, and on " operators" of the Property, as that term is defined under the Comprehensive Environmental Response, compensation, and Liability Act of 1980 ("CERCLA" ), as 

### amended, 42 U.

### S . C. S 9601 et seg This Notice further describes the conditions, requirements, and procedures that such Owners and operators must follow in order to remove or modify the rights, covenants, conditions, and restrictions imposed under this Notice or to take restricted action consistently therewith; WHEREAS, the Property is part of the Norwood PCB Superfund. .

- 2 -

site ("site" ) which the u. s. Environmental Protection Agency 

### ("EPA" ), pursuant to section 105 of CERCLA, 42 U. C. S 9605, placed on the National Priorities List, set forth at 40 C. Part 300, Appendix B, by publication in the Federal Register on 

### June 10, 1986, 51 Fed. Reg. 21099; WHEREAS, in a Record of Decision dated September 29, 1989 (the "ROD" ), the EPA Regional Administrator selected a remedial action for the Site, with the concurrence of the Massachusetts Department of Environmental Protection ("DEP" WHEREAS, in an amended Record of Decision, executed on May 17, 1996, EPA selected an amended remedial action to be implemented at the site on which the Commonwealth gave its 

## concurrence; WHEREAS, the Town has entered into a Consent Decree with the United States and the Commonwealth of Massachusetts 

### ("Commonwealth" ), in United States and Commonwealth of Massachusetts v. Town of Norwood , civil Action No. 96- , in the United states District Court for the District of Massachusetts, which provides for the Town to record this Notice with the Norfolk County Registry of Deeds. A Notice of Consent Decree, which describes terms of the Consent Decree, is attached hereto as Attachment A copy of the Consent Decree may be 

### obtained by writing either (1) EPA at the following address: Office of Regional Counsel, u. s. EPA, JFK Federal Building -- RRC, Boston, MA 

### 02203, or (2) the Commonwealth of Massachusetts at the following address: Nancy E. Harper, Assistant Attorney

### . '

- 3 -

General, Office of the Attorney General, 200 Portland street, Boston, MA 02114; referencing Superfund Docket No. 01-51 and the civil Action 

## Numer; NOW, THERFORE, the Town, for itself, its lessees, and its 

### successors and assigns (collectively, the "Owners" ), does hereby declare and covenant as 

## follows: DBPIHITIOHS Unless expressly provided herein, terms used in this Notice shall have the meaning assigned to them in the Consent Decree to which this Notice is appended as Appendix

As used in this Notice, the term "hazardous substance" shall mean any substance meeting the definition of: 

### (1) "hazardous substance" under section 101(14) of CERCLA, 42 U. 

### S 9601(14); or 

## (2) "

## pollutant" or "contaminant" under section 101(33) of CERCLA, 42 U. 

### C. S 9601(33); and/or (3) any "hazardous material" under M. G. L. c. 21E S

As used in this Notice, the term "owners" shall mean the Town, the Town' s lessees, and the Town' s successors and assigns.



# COVES. CONDITIOBS.

# AI RBSTRICTIOBS The following covenants, conditions, and restrictions on use of the property by the Owners and any operators, are part of the Remedial Action selected for the site. 

## The covenants, conditions, and restrictions to be provided to the united states and the Commonwealth pursuant to this Consent Decree are for the benefit of the united states and the Commonwealth.

The Property shall never be used to extract groundwater,- 4 -

except for the limited purpose of monitoring groundwater 

## contamination levels. Groundwater wells installed for such purpose shall only be installed pursuant to a plan approved by EPA after a reasonable opportunity for review by the Commonwealth, in accordance with the procedure set forth in this 

## Notice. The soils or other ground-covering material that cover the Disposal Areas as part of the Remedial Action ("cover" ) and the soils underlying such Cover shall not be disturbed or modified in any manner, and no action shall

## ' be taken which

## could affect or disturb in any manner the integrity or effectiveness of the Cover, except pursuant to a plan approved by EPA in writing prior to initiation of any activity, after a reasonable opportunity for review by the Commonwealth, in accordance with the procedure set forth in this 

## Notice.

No use or activity shall be permitted on any portion of the Property which may disturb or adversely affect any of the remedial measures implemented or to be implemented at the 

# Site, which measures may include, without limitation: systems to collect, contain, treat, and discharge groundwater; systems or containment areas to excavate, dewater, store, treat, and dispose of soils and sediments; capping of contaminated soils and sediments, and systems to monitor implementation of the remedialmeasures and to provide long-term environmental monitoring of onsite groundwater, soils, and sediments.- 5 - PROPOSALS TO TAKB ACTIOBS RESTRICTBD BY THIS BOTICB Before taking or authorizing any activity or action restricted by Paragraph 1 of this Notice , the Owners shall obtain approval from EPA in writing, after a reasonable opportunity for review and comment by the commonwealth, pursuant to Paragraphs 3 and 4 of this Notice. In seeking such approval, the Owners shall notify EPA and the commonwealth in writing of the proposed 

## action. The Owners shall include in their written notice to EPA and the Commonwealth the information described in Paragraphs 

### 3. a. 

## through 3. h of this Notice.

The Owners shall provide the following information to EPA and the Commonwealth in writing, as required by Paragraph 2 of this Notice:

The nature of the action Owners propose to undertake, including objectives, plans, specifications, schedules, construction, or other activities to be undertaken in order to implement the proposed action;

The location, areal extent, and depth below the surface of any proposed excavation, identification of all contaminated media, and the volume of soils, sediments, wastewater, groundwater, and building structures that will be affected by such proposed action, including the effect that such proposed action will have on soils, sediments, wastewater, or 

## groundwater;A description of all proposed actions and practices to be implemented to prevent the release of hazardous substances. '

- 6 -

and possible recontamination of any medium, and to ensure the continued effectiveness of any remedial measures implemented at the site as well as the protection of human health and the 

## environment;A plan demonstrating how the proposed action will be performed in compliance with all applicable laws and regulations;

A monitoring and sampling plan, including quality assurance/quality control procedures 

### , which (i) describes all monitoring and analysis methodologies, detection limits, and 

## parameters, 

# (ii) ,describes all sampling locations which will be used during and after the proposed action (including a description of how the sampling locations were chosen), and (iii) sets forth a schedule indicating the submittal date(s) for the full results of all sampling and analysis conducted pursuant to the monitoring and sampling plan;



## A health and safety plan; If the proposed action involves the transfer of any hazardous substance off-site, identification of the anticipated treatment or disposal facility; and

The name and qualifications of the proposed contractor who will perform the proposed action. 

## RBVIn, APPROVAL,

### AN/OR

# AJMD 01' PROPOSALS TO TAKB ACTIOBS RESTRICTED BY THIS BOTICB Upon receipt of any notice of proposed action submitted pursuant to Paragraph 2 of this Notice, EPA, after a reasonable opportunity for review and comment by the Commonwealth, may approve or disapprove any proposed actions as follows:- 7 - After review of any notice of proposed action submitted for approval, EPA, after a reasonable opportunity for review and comment by the Commonwealth, shall either: (1) approve 

### the proposed action; or 

## (2) disapprove the proposed action, notifying the Owners of the reasons for disapproving the proposed action or of deficiencies in the submission.

EPA reserves the right to disapprove the proposed action based upon any of the information presented pursuant to the requirements of Paragraphs 3. a .

## through 3. h. of this Notice, including the proposed contractor provided pursuant to the requirement of Paragraph 

### 3.h., or to disapprove the proposed action on the ground that additional information is needed. EPA disapproves any proposed action on the ground that additional information is needed, the Owners may submit for approval such additional information. Upon receipt of a notice of disapproval with a notice of deficiencies, the Owners may correct the deficiencies and resubmit the notice of proposed action to EPA and the Commonwealth for approval.

Following receipt by the Owners of a notice of EPA' approval of a proposed action, the Owners shall provide notice to EPA and the Commonwealth of their intention to commence performance of such action ten (10) days prior to the date on which the Owners intend to perform the proposed activity or 

## action.

PROPERTY ACCBSS

The Owners shall provide the united states, the- 8 -

Commonwealth, and the United states' and the Commonwealth' employees, agents, or representatives, including contractors, and the Performing Parties, an irrevocable right of access at all reasonable times to the Property. The right of access to be provided to the united states and the Commonwealth pursuant to this Consent Decree is for the benefit of the united states and the Commonwealth. The purposes for such access shall 

## include, 

## but are not limited to:

Designing, implementing, and/or monitoring the Remedial Action selected by EPA pursuant to the ROD or any subsequent response actions selected by EPA for the Site or any 

### addi tional work deemed necessary by EPA to meet the obj 

## ecti ves of any ROD, including design and remedial activities performed on 

# the site. verifying any data or information submitted to the united states or to the Commonwealth;

Conducting activities which EPA or the Commonwealth deems necessary for the Operation and Maintenance of the Remedial Action selected for the 

# site;

Implementing any removal action conducted or deemed necessary by EPA under section 104 of CERCLA;

verifying that no action is being taken in violation of the Consent Decree (including this Appendix A) entered into between the Town, the united states, and the

commonwealth in united states and the Commonwealth of Massachusetts v. Town of Norwood , civil Action No. 96- , or- 9 -

any other federal or state environmental laws or regulations;

Observing and monitoring any investigative, remedial or other activities at the site;

Conducting investigations relating to contamination at or near the Site , including, without limitation, sampling of air, water, sediments, soils, and specifically, without limitation, obtaining split or duplicate samples;

Assessing the need for or planning or implementing additional response actions at or near the Site;

Inspecting records, related to or covered by the Consent Decree entered into between the Town, the United 

## States,

and the Commonwealth in united States and the Commonwealth of Massachusetts v. Town of Norwood , Civil Action No. 96-

Obtaining access to other portions of the site that are not owned or controlled by the Owners; and

Any other lawful purpose. Nothing in this paragraph or in the grant of access described herein shall limit or otherwise affect EPA' s or the 

### Commonwealth' s rights of entry and access otherwise provided by law or regulation. The Owners shall cooperate fully with EPA and the Commonwealth in the implementation of all response actions at the Site and shall neither interfere with such response actions nor take actions at the site that are inconsistent with any 

## response action selected ,by EPA and carried out by any person. 

### PARTIES BOUN All covenants, conditions, and restrictions contained in- 10 -

this Notice shall run with the Property. The right of access and all rights, covenants, condi tions, and restrictions set forth in this Appendix shall be binding upon the Owners and any operators on the Property, and shall inure to the benefit of the United states and the Commonwealth of Massachusetts, either of which may enforce these rights, covenants, conditions, and restrictions by resort to legal process if such action becomes necessary. If EPA determines, in its sole discretion, that the access rights that the settling Defendant hereby provides pursuant to this Consent Decree should run with the land with respect to all or part of the Property, EPA shall notify the Owners of its determination in 

## writing. within thirty (30) days of receipt of this determination, the Owners shall undertake such actions necessary, (including the filing with the Norfolk County Registry of Deeds of an amended Notice that is enforceable under local and Commonwealth law), to ensure that the access rights run with the land with respect to the Property.

Any transfer of the Property, or any portion thereof, shall take place only if the grantee agrees, as a part of the agreement to purchase or otherwise obtain the Property, that it will provide access and comply with the covenants, conditions, and restrictions, as set forth in this Appendix A, with respect to the Property transferred.

MODIPICATIOB OR WITHDRAWAL OP 

# COVBS, COBDITIOBS. ANRESTRICTIONS If information becomes available which demonstrates that the rights, covenants, conditions , and restrictions contained in- 11 -

this Notice may, in whole or in part, be modif ied or withdrawn consistent with the public interest and the public purpose of protecting human health and the environment, the Owners may submit to EPA and the Commonwealth a proposal for modifying or withdrawing any such rights, covenants, conditions, and 

# restrictions. After written approval by EPA, after reasonable opportunity for review and comment by the Commonwealth, of any modification or withdrawal of any rights, covenants, 

## conditions, and restrictions, the Owners shall record an Amended Notice of Right of Access and Declaration of Covenants, Condi tions, and Restrictions, approved by EPA, after reasonable opportunity for review and comment by the Commonwealth, with the Norfolk County Registry of Deeds, Norfolk County, Massachusetts. The Owners may not seek modification or withdrawal of the rights, covenants, conditions, and restrictions contained in this Notice for a period of five years from the date of entry of the Consent 

## Decree. Any modification to these rights, covenants, conditions, and restrictions shall be effective only upon the written approval of EPA, and after an Amended Notice of Right of Access and Declaration of Covenants , Conditions, and Restrictions, approved by EPA, after a reasonable opportunity for review and comment by the commonwealth, is recorded with the Norfolk County Registry of Deeds specifying which of the enumerated rights, covenants, conditions , or restrictions is modified and the nature of the approved modification.

# ,--..-..

- 12 - 

## DFORCBM 10. All of the rights of access and covenants, conditions, and restrictions required to be filed by this Notice shall conform with local and Commonwealth law in order to assure that they are enforceable and run with the 

## land. If a question arises as to the enforceability of a right of access, covenant condition, or restr ction under local or Commonwealth law after it has been filed, EPA may require the settling Defendant to file an amended Notice that is enforceable under local and 

### Commonwealth law. 

### 11. The united states of America and/or the Commonwealth of Massachusetts shall be entitled to enforce this Notice, any amended Notice, any notice recorded to extend or modify the time, scope, or other terms of this Notice, and the rights, covenants, conditions, and restrictions imposed herein by bringing an action under federal or state law, including but not limited to, CERCLA
and M. L. c. 21E. All costs and expenses of the United states and the Commonwealth, including, but not limited to , attorneys' 

## fees , incurred in any such enforcement action shall be borne by the Owners. All remedies available hereunder shall be in addition to any and all other remedies at law or in 

## equity, including CERCLA. The united states and the Commonwealth expressly reserve the right to enforce the rights, covenants, 

## conditions , and restrictions imposed herein as a failure to

comply with the terms of the Consent Decree in united states and the Commonwealth of Massachusetts v. Town of Norwood , Civil- 13 -

Action No. 96- , in the United states District Court for the District of Massachusetts. The United states' interest in the Covenants, Conditions, and Restrictions, and in the right of Property Access provided in this Notice shall terminate at such time as EPA determines that the Remedial Action is complete 

### pursuant to section 104(j) of CERCLA, 42 U. C. S 9604(j). BXPlRATIOB DATE 

### 12. The rights, covenants, conditions, and restrictions set forth in this Notice are established in the public interest and for the public purpose of protecting human health and the 

## environment. These rights, covenants, conditions, and restrictions are intended to be effective and enforceable under the provisions of CERCLA, M. L. c. 184 , S 26, ., and local 

### and Commonwealth law. Accordingly, before the expiration of 

# thirty (30) years from the date of this Notice and before the expiration of each succeeding twenty (20) year period, pursuant

to M. L. c. 184, S 27, the Owners shall duly record in accordance with the laws of Norfolk County and the Commonwealth of Massachusetts such materials as to ensure that the rights, covenants, conditions, and restrictions of this Notice or any Amended Notice that was approved by EPA and the Commonwealth, shall be extended.

IN WITNESS WHEREOF, The Town of Norwood, Massachusetts, by its authorized representative , has caused this Notice to be signed in its name.- 14 -

FOR THE TOWN OF NORWOOD

Executed under seal this 

### 18th 

## day of March , 1997.

General Manager 

### Ti

# tle

COMMONWEALTH OF MASSACHUSETTS

County of 

### Norfolk , ss.

On this 

### 18th day of March , 1997 , before me appeared

John J. Carroll , to me personally known, who, being by me duly sworn, acknowledged the execution of said instrument to be his free act and deed.

My commission expires: 

### MY COMMISSION EXPIRES JUNE 16..."

- 15 -



## HB POLLOWIBG PARTY IS A 

### BDEPITTBDPARTY PURSUAI 

### TO JI.

c. 184 S 27:

FOR THE UNITED STATES OF AMERICA Lois J. Schiffer Assistant Attorney General Environment and Natural Resources 

## vision

Date: 

# ,r ((17 By: pe er K. Kautsky Trial Attorney 

### Environmental 'Enforcement section Environment and Natural Resources Di

## vision united States Department of Justice O. Box 7611 Ben Franklin Station Washington, D.

# C. 20044

Donald K. Stern united States Attorney united states Attorney' s Office 1107 J. W. McCormack Building 

## Boston, MA 02109 George B. Henderson, II Assistant United States Attorney 

## United States Attorney' s Office 

## 1107 J. W.. McCormack POCH 

## Boston, MA 02109

## Date:

Date: - 16



## /2-

# /11/1(, Patricia L. Meaney Assistant Regional Administrator 

## Region I U. S. Environmental Protection 

### Agency 

### J. F . K. Federal Building Boston, Massachusetts 02203 

# dL tJ_

n W. Jensen Enforcement Counsel, Office of Environmental Stewardship 

### U . S. Environmental Protection 

### Agency J . 

## K. Federal Building (SEL) Boston, Massachusetts 02203 

## 1:J!/7!1(D

# , .

- 17 - FOLLOWING PARTY IS A 

### BEH TED PARTY PURSUAN H. G.L. C. 18. 5 27:

FOR THE COMMONWLTHOF MASSACHUSETTS 

### SCOTT HASHBAGER Attorney General 

## Date: c2)11)C By. y.

Nancy E. Harper Assistant AttornAY G.n.ral Environmental Protection Division 200 Portland StrAAt 

### Boston , MA 02114,.".

Botice of consent Decree

Attacbaent 1 Botice of aiqht of Access and Dec1aratioD of CovenaDts, ConditioDs, aDd .e.trictioDs under the COD.ent Decree iD united state. and the co--oDyealth of Mas.achusetts v. Town of Horwood NOTICE IS HEREBY GIVEN of the Consent Decree ("consent Decree" entered into by the united states of America and the Commonwealth of Massachusetts, as plaintiffs and as benefitted parties under Commonwealth law, and the Town of Norwood, Norfolk County, Massachusetts as Defendant, in civil Action No. 96- filed in the united states District court in the Distr ct of 

# Massachusetts. This Consent Decree was entered on 

# 1996. This Consent Decree addresses, among other matters, the 

## following: 

# 1. The Defendant' s grant of a right of access on the 

## Defendant' s property to the United states, the Commonwealth of Massachusetts ("commonwealth" ), the united states' and the 

### Commonwealth' s authorized representatives, and the Performing 

# Parties;
2 . Imposition of covenants, condi tions, and restrictions restricting certain uses of the Defendant' s property; 

# 3. Settlement of the Defendant' s liabilities to the United states on behalf of the united states Environmental Protection 

### Agency ("EPA" ) under sections 106 and 107 of CERCLA, 42 U. S5 9606 and 9607, and to the commonwealth under section 107 of CERCLA, 42 U. C. S 9607, M. L. c. 21E, and the common law of 

## nuisance; 

# 4. conditions on the Defendant' s transfer of the 

## Defendant' s property, including paragraph 20 of the Consent Decree which provides, in pertinent part, that: Any interest in the Meadow Brook property may be transferred only upon prior written approval of EPA, after opportunity 

### for review and comment by the commonwealth. 

## At least sixty (60) days prior to the date of any proposed transfer, Settling Defendant shall notify EPA and the Commonwealth in writing of such proposed transfer, including the name of the grantee, a description of the grantee' s proposed use of the Meadow Brook property or interest therein, a description of the terms and obligations of the Settling Defendant under this Consent Decree proposed to be performed by such grantee, and a written agreement signed by the grantee to assume those proposed terms and obligations of the Settling 

### Defendant under this Consent Decree. If the Settling, . - .

- 2 - Defendant has timely provided the foregoing information to EPA and the commonwealth, EPA may disapprove of the transfer of any interest in the Meadow Brook property if EPA, after opportunity for review and comment by the Commonwealth, determines that the contemplated use of the Meadow Brook property by the grantee may interfere with or is inconsistent with the response actions taken or to be taken 

### at the site. EPA's approval of any transfer shall not constitute a finding or warranty that the planned or actual subsequent use of the Meadow Brook Property by the grantee will not interfere with the response actions taken or to be 

### taken at the site. In the event of such transfer, all of Settling Defendant' s obligations pursuant to this consent Decree shall continue to be met by Settling Defendant, 

## or, if EPA, after opportunity for review and comment by the commonwealth, approves in writing, shall continue to be met 

### by settling Defendant and the grantee. However, (1) in no event shall the transfer of any interest in the Meadow Brook Property by Settling Defendant relieve Settling Defendant of its obligations under section V of this consent Decree, and (2) any transfer of the Meadow Brook Property, or any portion thereof, shall take place only if the grantee agrees, as a part of the agreement to purchase or otherwise obtain the Meadow Brook Property, that it will provide access and comply with the covenants, conditions, and restrictions, as set forth in Appendix A to this consent Decree, with respect to the Meadow Brook Property 

### transferred. Any deed, title, or other instrument of conveyance shall contain a notice that the Meadow Brook Property is the subj ect of this Consent Decree and is subject to the Notice of Right of Access and Declaration of Covenants , Conditions, 

### and Restrictions. Said 

## notice (contained in the deed, title, or other instrument of conveyance) shall also contain a copy of (1) the Notice of Right of Access and Declaration of Covenants, Conditions, 

### and Restrictions (Appendix A to this Consent Decree), and (2) the Notice of Consent Decree (Attachment 1 to Appendix 

### A) . Covenants not to sue; and Reservations of rights. copies of the Consent Decree may be obtained by writing: u. S. Environmental Protection Office of Regional Counsel 

## J. F. K. Federal Building -- RRC 

## Boston, MA02203 

### Agency

Reference: Superfund Docket No. 01-51

### UNITED STATES DISTRICT C DISTRICT OF MASSACHUS



## ) By: " ) Deputy 

### UNITED STATES OF AMERICA,

Plaintiff,

TOWN OF NORWOOD, MASSACHUSETTS,

Defendant.



### COMMONWEALTH OF MASSACHUSETTS



### Plaintiff

TOWN OF NORWOOD, MASSACHUSETTS,

Defendant.



### ORDER Civil Action No. 97-10701-



### Civil Action No. 97-10700-



### The Plaintiffs have moved for

### entr of a consent decree. The consent decree would 

### settle claim of the UnitedStates and the Commonwealth of Massachusetts against the Town of
Norwood , Massachusetts in this matter. 

### The Town of Norwood assents to the Motion. The Court has considered the merits of the motion pursuant to the standards recognied in ths

Circuit. 

### United States v. Charles Georee Truckine. Inc. , 34 F.3d 1081 (1st Cir. 1994); 

### United States v. Cannons Eneineerine Co(p. , 899 F.

### 2d 79 (1st Cir. 1990). The Courtfinds,...



### - 2-

that the consent decree is fair, reasonable, consistent with the goals of the applicable statute, and in the public interest. Accordingly, the Plaintiffs

### ' Motion to Enter Consent Decree is 

### hereby ALLOWED and the Clerk is hereby directed to enter the consent decree as a final judgment..-. ",**~** - 1 • , '\..

.....omtr.**~1); H'~** l:;! i:**l~i** )\;**":::.\~,,,~",** ,_.-:..::::**~~K:-»'-----------"'-'-----"-""** ._......



### October23, 1996 THESELECTMEN Thomas A. Riolo, Chairman Gary M. Lee Timothy J. McDonough DomenicJ. Fruci Susan Wilson McQuaid

JuliaA. Liddy. Clerk



### To Whom It**~1ay**

### Concern: The Board of Selectmen in meeting on Tuesday, October 22, 1996, on motion of SelectmanGaryM. Lee, secondedbyDomenicJ. Fruci,

### voted asfollows:

VOTED: To authorize the General Manager**Jo~** 

### J. Carroll to signthe ConsentDecreebetweentheU.S. DepartmentofJusticeandthe Environmental Protection Agency v. TUYln of Norwood, Massachusetts! This was a unanimous**vot~** 

### withfour

### meml!<::u; 

### present. Signedunderthepenalties ofperjurythistwentythirdday,ofOctober, 1996.

A 

### True Copy. 

### Attest:

# (]c{L:

# t1o~~?!" .'/ Clerk :/ BoardofSelectmen

566Washington Street. P.O. Box40.Norwood.MA02062-0040 (617) 762-1240 FAX (617) 762-9180