. 

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.

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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. AN RESTRICTIOIIS

STIPULTBD PEIALTIES

. 20

. 22

THE MEAOW BROOK PROPERTY . 25

COVENANS NOT TO SUE BY PLAINTII'I'S

COVBHAS BY 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
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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
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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
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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

: .;
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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

over the state law claims. This Court also has personal

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.
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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
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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.
. .

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"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,
, . . .

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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
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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.
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"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.
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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
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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
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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 acti vi 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,
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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
, 

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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,
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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
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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
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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. AK RBSTRICTIOll8

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
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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 Remedial

Action 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
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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

Days 15 and above of violation $1, 500 per day

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
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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 numer 01-51

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. COVBNAS NOT 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, MA 02203-2211

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, MA 02109

George B. Henderson, I I

Assistant united States Attorney United States Attorney' s Office

1107 J. W.. McCormack POCH

Boston, MA 02109
Date:

Date:

/;? /9C

- 50 

Assistant Regional Administrator

Patricia L. Meaney .;/y?Z

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 TH COMONWTH 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 Norwood PCB Superfund Site. , relating to the

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 remedial

measures 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. AN RESTRICTIONS

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 BDEPITTBD PARTY 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 COMMONWLTH OF 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, MA 02203

Agency

Reference: Superfund Docket No. 01-51
UNITED STATES DISTRICT C

DISTRICT OF MASSACHUS

) By: "

UNITED STATES OF AMERICA, ) Deputy

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 United States 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 Court finds
,...

- 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:-»'-----------"'-'-----"-"" ._ ..... . 

October 23, 1996 

THE SELECTMEN 

Thomas A. Riolo, Chairman 

Gary M. Lee 

Timothy J. McDonough 

Domenic J. Fruci 

Susan Wilson McQuaid 

Julia A. Liddy. Clerk 

To Whom It ~1ay Concern: 

The Board of Selectmen in meeting on Tuesday, October 22, 1996, on motion of 

Selectman Gary M. Lee, seconded by Domenic J. Fruci, voted as follows: 

VOTED: To authorize the General Manager Jo~ J. Carroll to sign the 

Consent Decree between the U.S. Department of Justice and the 

Environmental Protection Agency v. TUYln of Norwood, 

Massachusetts! This was a unanimous vot~ with four meml !<::u; 

present. 

Signed under the penalties of perjury this twenty third day ,of October, 1996. 

A True Copy. Attest: (]c{L: t1o~~?!" .'/ Clerk 

:/ Board of Selectmen 

566 Washington Street. P.O. Box 40. Norwood. MA 02062-0040 

(617) 762-1240 FAX (617) 762-9180