Superfund Records Center 

SITE: /^OriV60d PC&s 

BREAK: 8- 1 

T k TTODXWKJ (DW MODrnX^aDODnD OTHER: 41^»^<^ 

Commonwealth ofMassachusetts 

GENERAL MANAGER 

JOHN J. CARROLL 

TV/I u T ^A/^n (781)762-1240. 

March 3, 2009 

Daniel Keefe 

Remedial Project Manager 

United States E. P. A. - Region I 

One Congress Street - Suite 1100 

Bo,ston, MA 02114-2023 

Re: Recording Notices under Consent Decree for Norwood PCB Superfund Site 

Dear Mr. Keefe, 

As directed in youpkJner dated February 25, 2009, the Town of Norwood has recorded 

the court-certified copies of the Order and Consent Decree against the Meadow Brook 

property with the Norfolk County Registry of Deeds. The documents are recorded as 

Instrament No. 20510 in Book 26407, Page 127 and histrument No. 20511 in Book 

26407, Page 129. 

I have attached copies of the recorded documents along with a copy of the recording 

receipt from the Register of Deeds for your files. 

Please feel free to contact my office if any other information is required for the 

completion of the remedial site actions and the delisting of this site from the National 

Priorities List. 

GeH©«i] Manager 

Attach; Order - Civil Action No. 97-10700-T 

Consent Decree 

Receipt - Norfolk County Registry of Deeds 

SDMS DocID 475829 

566 Washington Street, RO. Box 40, Norwood, MA 02062-0040 

Fax No. (781) 278-3000A^OICE/TTY - Use Phone Relay 
• • • " . 

I herei 

UNITED STATES DISTRICT O 

DISTRICT OF MASSACHUS 

UNITED STATES OF AMERICA, 

Plaintiff, 

Civil Action No. 

97-10700-T^^/ 

TOWN OF NORWOOD, MASSACHUSETTS, 

Defendant. 

COMMONWEALTH OF MASSACHUSETTS, 

Plaintiff, 

V. 

TOWN OF NORWOOD, MASSACHUSETTS, 

Defendant. 

ORDER 

The Plaintiffs have moved for entry of a consent decree. The consent decree would 

settle claims 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 recognized in this 

Circuit. See United States v. Charles George Trucking. Inc.. 34 F.3d 1081 (1st Cir. 1994); 

United States v. Cannons Engineering Corp.. 899 F.2d 79 (1st Cir. 1990). The Court finds 

i^of 

that the 

correct copy of the 

,ptionedca?i 

i'led on,^_l 

tmj 

Civil Action No. 

97-10701-T 
- 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. 
" fete*! f 

IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF MASSACHUSETTS 

UNITED STATES OF AMERICA, 

and 

THE COMMONWEALTH OF 

MASSACHUSETTS, 

Plaintiffs, 

V. 

TOWN OF NORWOOD, 

MASSACHUSETTS, 

Defendant. 

r•-.^ 

CIVIL ACTION NO. 

CONSENT DEC 

lat the 

correct copy of the 

case 

on , 
1 

- 2 -

TABLE OF CONTENTS 

I. BACKGROUND 3 

IX- ^rpMPpiCTioy 6 

III. PARTIES BOUND 7 

IV. DEFINITIONS 7 

V. PROVISION OF SERVICES BY SETTLING DEyEMDANT ... . 12 

VI. NOTICE REQUIREMENTS 15 

VII. PROPERTY ACCESS 16 

VIII. COVENANTS» CONDITIONS. AND RESTRICTIONS 20 

IX. STIPULATED PENALTIES 22 

X. THE MEADOW BROOK PROPERTY 25 

XI. COVENANTS NOT TO SUE BY PLAINTIFFS 27 

XII. COVENANTS BY SETTLING DEFENDANT 34 

XIII. EFFECT OF SETTLEMENT: CONTRIBUTION PROTECTION .. . 36 

XIV. OTHER LAWS 37 

XV. ACCESS TO INFORMATION 38 

XVI. RETENTION OF RECORDS. 39 

XVII. NOTICES AND SUBMISSIONS 40 

XVIII. DISPUTE RESOLUTION 41 

XIX. RETENTION OF JURISDICTION 46 

XX. APPENDICES 46 

XXI. LODGING AND OPPORTUNITY FOR PUBLIC COMMENT 46 

XXII. SIGNATORIES/SERVICE 47 

XXIII. FINAL JUDGMENT .^ . . 48 

XXIV. MODIFICATION 48 
t 

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I. PftgKGROffllD 

A. 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. 

B. In accordance with Section 122(j)(l) of CERCLA, 42 

U.S.C. S 9622(j)(l), 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. 

C. 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 
_ 4 _ 

Commonwealth under Section 107 of CERCLA, 42 U.S.C. S 9607, 

M.G.L. c. 2IE/ 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. 

D. The Settling Defendant does not admit any liability to 

the Plaintiffs arising out of the transactions or occurrences 

alleged in the complaints. 

E. Pursuant to Section 105 of CERCLA, 42 U.S.C. S 9605, EPA 

placed the Site on the National Priorities List, set forth at 

40 C.F.R. Part 300, Appendix B, by publication in the Federal 

Register on June 10, 1986, 51 Fed. Reg. 21099; 

F. 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 ("RI/FS") for the Site pursuant to 40 C.F.R. 

S 300.430; 

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

June, 1989, and EPA completed a Feasibility Study ("FS") Report 

in August, 1989; 

H. Pursuant to Section 117 of CERCLA, 42 U.S.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. 

I. 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 

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. 

J. On February 22, 1996, pursuant to Section 117 of CERCLA, 

42 U.S.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 

meeting is available to the public as part of the administrative 

record upon which EPA based the selection of the amended remedial 

action. 

K. 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 summary 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. 

L. 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, tihat 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, ADJUDGED, AND DECREED: 

II. JURISDICTION 

1. This Court has jurisdiction over the subject matter of 

this action pursuant to 28 U.S.C. §S 1331 and 1345, and 42 U.S.C. 

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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H I . PARTIES BOUND 

2. 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 

Commonwealt:h of Massachusetts on behalf of 1:he Department of 

Enviromnental 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 

3. 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 

shall apply: 

a. "CERCLA" shall mean the Comprehensive Enviroimental 

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

U.S.C. SS 9601 e£ sea. 

b. "Certification of Completion" shall mean EPA's 

Certification pursuant to Section 122(f)(3) of CERCLA, 42 U.S.C. 

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. 

c. "Chapter 21E" or "M.G.L. c. 21E" shall mean the 
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Massachusetts Oil and Hazardous Material Release Prevention and 

Response Act, M.G.L. c. 21E. 

d. "Commonwealth" shall mean the Commonwealth of 

Massachusetts. 

e. "Commonwealth Interest" shall mean interest at the 

rate specified for interest in M.G.L. c. 21E. 

f. "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. 

g. "Consent Decree" shall mean this Consent Decree and 

any appendices or attachments hereto. 

h. "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. 

i. "DEP" shall mean the Massachusetts Department of 

Environmental Protection, and any successor departments or 

agencies of the Commonwealth. 

j. "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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k. "Emergency Response Services" shall mean all 

regular and extraordinary services provided by the Town of 

Norwood in response to public emergencies, including but not 

limited 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. 

1. "EPA'' shall mean the United States Environmental 

Protection Agency and any successor departments or agencies of 

the United States. 

m. "Hazardous Materials" shall mean (1) any "hazardous 

substance" under Section 101(14) of CERCLA, 42 U.S.C. S 9601(14); 

(2) any pollutant or contaminant under Section 101(33) of CERCLA, 

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

M.G.L. c. 21E S 2. 

n. "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. CE . 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.) 

o. "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.S.C. S 9605, 

codified at 40 C.F.R. Part 300, including, but not limited to, 

any amendments thereto. 

p. "Operation and Maintenance" shall mean activities 

required to maintain the effectiveness of the Remedial Action as 

set forth in the ROD. 

q. "Paragraph" shall mean a portion of this Consent 

Decree identified by an arable numeral or an upper case letter. 

r. "Parties" shall mean the United States, the 

Commonwealth, and Settling Defendant. 

s. "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. 

t. "Plaintiffs" shall mean the United States of 

America and the Commonwealth of Massachusetts. 

u. "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. 

V. "Remedial Action" shall mean the response actions 

at the Site set forth in the Record of Decision, but not 

including Operation and Maintenance. 

w. "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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X. "Section" shall mean a portion of this Consent 

Decree identified by a roman numeral. 

y. "Settling Defendant" shall mean the Town of 

Norwood, in the County of Norfolk, Massachusetts, and any 

successor thereto. 

z. "Site" shall mean the Norwood PCB Superfund Site, 

located in Norwood, Massachusetts, bounded by and includi^ng 

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. 

V. PROVISION OF SERVICES BY SETTLING DEFENDANT 

4. In the event of any action or occurrence which 

constitutes 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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5. 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. 

6. At the reguest of EPA, the Settling Defendant shall 

provide EPA, the Commonwealth, and/or their authorized 

contractors, subcontractors, consultants, 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 activities 

relating to the Site including, without limitation, public 

meetings. 

7. 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. 

8. Personnel providing Emergency Response Services for the 

Site pursuant to this Section shall be trained by the Settling 

Defendant in accordance with 40 C.F.R. Part 311 and 29 C.F.R. 

1910.120, and any amendments thereto (the "Regulations"). To 

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.C. 

S 651, et. 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. 

9. 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 activities 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. Neither 

the Settling Defendant nor any such contractor shall be 

considered an agent of the United States or the Commonwealth. 

VI. NOTICE REQUIREMENTS 

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's 

Alternate Project Coordinator. If neither of these persons is 

available. Settling Defendant shall immediately notify the EPA 

Emergency Response Unit, Region I. Settling Defendant shall also 

promptly notify the Commonwealth Project 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's 

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 

Site 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: 

1. 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; 

2. Verifying any data or information submitted to the 

United States or to the Commonwealth; 

3. Conducting activities which EPA or the Commonwealth 

deems necessary for the Operation and Maintenance of the Remedial 

Action selected for the Site; 

4. Implementing any removal action conducted or deemed 

necessary by EPA or the Commonwealth under Section 104 of CERCLA; 

5. 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; 

6. Observing and monitoring any investigative. 
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remedial, or other activities at the Site; 

7. Conducting investigations relating to contamination 

at or near the Site, including, without limitation, sampling of 

air, water, sediments, or soils; 

8. Assessing the need for, or planning or implementing 

additional response actions at or near the Site; 

9. 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-Site 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. 

b. 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 

Commonwealth 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 

Commonwealth. 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. In 

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. Settling 

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. Settling 

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. G0VEMAMT8. CONDITIONS. AND RESTRICTIONS 

13. Commencing upon the date of Settling Defendant's 

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: 

a. 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. 

b. 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. 

c. 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 

contairunent 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 
- 22 -

there is recorded a notice, approved and signed by EPA stating 

that the Meadow Brook Property is not subject to a right of 

access or one or more of the enumerated covenants, conditions, or 

restrictions or stating that one or more of the entmerated 

covenants, conditions, or restrictions is modified as specified 

in a recorded notice. 

IX. STIPULATED PENALTIES 

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 

penalty, the following amounts: 

Days 1-14 of violation $3,750 per day 

Days 15-30 of violation $7,500 per day 

Days 31 and above of violation $11,250 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 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 
- 23 -

payments under this Paragraph shall be paid by certified check 

made payable to "EPA Hazardous Substance Superfund," shall be 

mailed to EPA Region I, P.O. Box 360197M, Pittsburgh, PA 15251, 

and shall reference CERCLA Site/Spill Identification number 01-51 

and DOJ Case Number 90-11-2-372D. Copies of checks paid pursuant 

to tJiis 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 $1,250 per day 

Days 15-30 of violation $2,500 per day 

Days 31 and above of violation $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 $250 per day 

Days 15 and above of violation $500 per day 
- 24 -

Stipulated penalties are due and payable within thirty (30) days 

of demand for payment by the Commonwealth. Unless the 

Commonwealth has provided Settling Defendant with different 

instructions in writing prior to the time stipulated penalties 

become due> payment of stipulated penalties to the Commonwealth 

shall be paid by cezrtified check made payable to "The 

Commonwealth of Massachusetts," shall be mailed to Nancy E. 

Harper, Assistant Attorney General, Enviroimental Protection 

Division, 200 Portland Street, Boston, HA 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 

institute 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. If 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 

with the terms of this Consent Decree. 

X. THE MEADOW 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, Conditions, 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 

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 
- 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 subject 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 instrtiment 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. COVENANTS NOT TO SUE BY PLAINTIFFS 

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.S.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.S.C. S 9607, 

M.G.L. c. 2IE, 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 

conditions 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-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 

U.S.C. S 9607, or under M.G.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 unknown to the 

Commonwealth, are discovered or become known to 

the Conunonwealth, 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.G.L. c. 2IE, 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 

U.S.C. S 9607, or under M.G.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 Conmonwealth 

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.G.L. 

c. 2IE, 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 -

t:he 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 rights. 

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 t:he DEP; 

(5) criminal liability; 

(6) 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. COVENANTS BY SETTLING DEFENDANT 

30. a. Settling Defendant hereby covenants not to sue and 

agrees not to assert any claims or causes of action against the 

United States or the Coounonwealth, 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.S.C. S 9507), under 

CERCLA Sections 106(b)(2), 107, 111, 112, or 113, and M.G.L. c. 

2IE, or any other provision of law; any claim pursuant to CERCLA 

Sections 107 or 113 or M.G.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 

U.S.C. S 2412 (including claims under the Equal Access to Justice 

Act, as amended, 28 U.S.C. S 2412(d)); any claim under the United 

States or Commonwealth Constitutions, the Tucker Act, 28 U.S.C. 

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, th6 Site, or any 

propierty 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. 

b. 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. 

c. 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. 

d. 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.R. 

S 300.700(d). 

31. As provided in Section 121(e)(1) of CERCLA, 42 U.S.C. 

S 9621(e)(1), and 40 C.F.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 subject to any permit or inspection requirements set 

forth by the Settling Defendant. 

XIII. EFFECT OF SETTLEMENT? CONTRIBUTION PROTECTION 

32. Notching 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 

thiat the Settling Defendant is entitled to such protection from 

contribution actions or claims as is provided by CERCLA Section 

113(f)(2), 42 U.S.C. S 9613(f)(2), and M.G.L. c. 21E, 

S 3A(j)(2). 

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 Summary 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 judicata, collateral estoppel, issue preclusion, 

claim-splitting, 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 

permits issued thereunder, including laws relating to 

occupational safety and health. 
- 38 -

XV. ACCESS TO INFORMATION 

37. a. 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. 

b. 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 OF RECORDS 

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. NOTICES AND SUBMISSIONS 

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 

P.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 Agency - Region I 

J.F.K. Federal Building (HBO) 

Boston, Massachusetts 02203 

Re: 01-51 

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 Settling Defendant: 

John J. Carroll 

General Manager 

566 Washington St. 

Norwood, MA 02062 

XVIII. DISPUTE RESOLUTION 

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 docvmentation relied upon by Settling Defendant. 

45. Within thirty (30) days after receipt of the Settling 

Defendant's Statement of Position, EPA, after rieasonable 

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 Deifendant 

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, within which the dispute must be resolved to ensure orderly 

implementation of this Consent Decree. The United States and the 

Commonwealth each may, within 3 0 days, file a response to the 

Se1:tling 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. Disputes solelv between the Commonwealth and the Town 

Disputes arising under 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 

Commonwealth 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. RETENTION OF JURIBDICTIOH 

52. This Court shall retain jurisdiction of this matter for 

the purpose of enforcing the terms of this Consent Decree. 

XX. APPENDICES 

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. 

XXI. LODGING AND OPPORTUNITY FOR PUBLIC COMMENT 

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.S.C. S 9622(d)(2), and 28 C.F.R. S 50.7. 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.C. 

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. 

XXII. SIGNATORIES/SERVICE 

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 number of an 

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

its behalf wi ^ 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 summons. 

XXIII. FINAL JUDGMENT 

59. Upon entry.by the Court, this Consent Decree shall 

constitute a final judgment by and between the United States, the 

Commonwealth of Massachusetts, and the Settling Defendant for 

purposes of Rule 54 of the Federal Rules of Civil Procedure. 

XXIV. MODIFICATION 

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: 7/17 

Date: jkAMJ. i f If91 

Lois' J. Schdf f er 

As^stant Attorney General 

Environment and Natural Resources 

Division 

U.S. Department of Justice 

Washington, D.C. 20530 

Peter K. Kautsky 

Trial Attorney 

Enviroimental Enforcement Section 

Environment and Natural Resources 

Division 

United States Department of Justice 

P.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 
50 

Date: /T- /j^M 

Date - i°-/'7 h e 

Patricia L. Meaney / 

Assistant Regional Administrator 

Region I 

U.S, Environmental Protection 

Agency 

J.F.K. Federal Building 

Bosl:pn, Massachusetts 02203 

^x-y — ULeAnn W. Jenss 

Enforcement c4dnsel, Office of 

Environmental Stewardship 

U.S. Environmental Protection 

Agency 

Region I 

J.F.K. Federal Building (SEL) 

Boston, Massachusetts 02203 
- 51 -

THE UNDERSTGNED PARTY enters Into this Consent Decree in the 

natter of united states of America and the Commonwealth of 

Mftgeachuc>*r».g V. Town of Norwood. Massatshugftttfi. relating to the 

Norwood PCB Superfund Site. 

FOR THI COMMONWEALTH OF MASSACHUSETTS 

SCOTT HARSHBARGER 

Attorney Ganaral 

Date: ^ \ i"^ H i By: /VjUv-<lx..j 7- rJcUuQJA-^ 

Nanoy E. Harper ' 

Assistant Attorney Ganaral 

Environmantal Protaction Division 

200 Portland street 

Boston, HA 03114 
- 52 -

THE UNDERSIGNED PARTY enters into this Consent Decree in the 

matter of United states of America and the Commonwealth of 

t^aspachusetts v. Town of Norwood. Massachusetts, relating to the 

Norwood PCB Superfund Site. 

FOR DEFENDANT TOWN OF NORWOOD, 

MASSACHUS 

Date: fQ.^?>'^(f 

Agent Authorized to Accept Servic\jDn^^half of Above-signed 

Party: 

Name: ' John J• Carrol 1 

Title: Genera I Manager 

Address: 566 Washington street 

Telephone: (617) 762-ik:4iJ 
APPENDIX A 

Notice of Right of Aooess and Deoleretion 

of Covenants, Conditions, and Restr lotions under tlie 

Conaant Decree in United Statea and the Cowaoavealth of 

Massachusetts v. Town of Norwood 

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., CE." 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 seq. 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.S.C. S 9605, 

placed on the National Priorities List, set forth at 40 C.F.R. 

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 1. 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 
'Q 

' " 3 -

General, Office of the Attorney General, 200 Portland Street, 

Boston, MA 02114; referencing Superfund Docket No. 01-51 and the 

Civil Action Number; 

NOW, THEREFORE, the Town, for itself, its lessees, and its 

successors and assigns (collectively, the "Owners"), does hereby 

declare and covenant as follows; 

DEFINITIONS 

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 A. 

A. 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.C. 

S 9601(14); or (2) "pollutant" or "contaminant" under Section 

101(33) of CERCLA, 42 U.S.C. S 9601(33); and/or (3) any 

"hazardous material" under M.G.L. c. 21E S 2. 

B. As used in this Notice, the term "Owners" shall mean the 

Town, the Town's lessees, and the Town's successors and assigns. 

COVENANTS. CONDITIONS. AND RESTRICTIONS 

1. 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. 

a. 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. 

b. The soils or other ground-covering materials that cover 

t h e 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. 

c. 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 TAKE ACTIONS RESTRICTED BY THIS NOTICE 

2. 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. 

3. The Owners shall provide the following information to 

EPA and the Commonwealth in writing, as required by Paragraph 2 

of this Notice: 

a. 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; 

b. 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; 

c. A description of all proposed actions and practices 

to be implemented to prevent the release of hazardous substances 
- 6 -

and possible recontamination of any mediim, 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; 

d. A plan demonstrating how the proposed action will be 

performed in compliance with all applicable laws and regulations; 

e. 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; 

f. A health and safety plan; 

g. If the proposed action involves the transfer of any 

hazardous substance off-Site, identification of the anticipated 

treatment or disposal facility; and 

h. The name and qualifications of the proposed 

contractor who will perform the proposed action. 

REVIEW, APPROVAL, AND/OR AMENDMENT OF PROPOSALS 

TO TAKE ACTIONS RESTRICTED BY THIS NOTICE 

4. 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 -

a. 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. 

b. 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 

recpiirement of Paragraph 3.h., or to disapprove the proposed 

action on the ground that additional information is needed. If 

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. 

c. Following receipt by the Owners of a notice of EPA's 

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 ACCESS 

5. The Owners shall provide the United States, the 
- 8 -

Commonwealth, 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 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; 

a. 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 

any ROD, Including design and remedial activities performed on 

the Site. 

b. Verifying any data or information submitted to the 

United States or to the Commonwealth; 

c. Conducting activities which EPA or the Commonwealth 

deems necessary for the Operation and Maintenance of the Remedial 

Action selected for the Site; 

d. Implementing any removal action conducted or deemed 

necessary by EPA under Section 104 of CERCLA; 

e. 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; 

f. Observing and monitoring any investigative, 

remedial or other activities at the Site; 

g. 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; 

h. Assessing the need for or planning or implementing 

additional response actions at or near the Site; 

i. 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- ; 

j. Obtaining access to other portions of the Site that 

are not owned or controlled by the Owners; and 

k. 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 BOUND 

6. All covenants, conditions, and restrictions contained in 
- 10 -

this Notice shall riin with the Property. The right of access and 

all rights, covenants, conditions, 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. 

7. 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. 

MODIFICATION OR WITHDRAWAL OF COVENANTS, 

CONDITIONS. AND RESTRICTIONS 

8. 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 modified or withdrawn 

consistent with the public interest and the public purpose of 

protecting hvman 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, Conditions, 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. 

9. 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 -

ENFORCEMENT 

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 restriction 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.G.L. c. 2IE. 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.S.C. S 9604(j). 

EXPIRATION 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.G.L. c. 184, S 26, s t seq., 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.G.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. 
a ' 

- 14 -

FOR THE TOWN OF NORWOOD 

Executed under seal this isth day of March / 1997. 

[insert Name] 

General Manager 

Title 

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. Witness my hand andoofficial seal. 

:< 

Notary Public 

My commission expires: 

MY COMMISSION EXPIRES 

JUNE 16,2000 
- 15 -

TBE FOLLOWING PARTY IS A BENEFITTED PARTY PURSUANT TO M.G.L. 

C. 184 S 27t 

Date: j/iju^ i r (m By: 

FOR THE UNITED STATES OF AMERICA 

Lois J. Schiffer 

Assistant Attorney General 

Environment and Natural Resources 

[vision 

Peter K. Kautsky 

Trial Attorney 

Environmental Enforcement Section 

Environment and Natural Resources 

Division 

United States Department of Justice 

P.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 
/r~ T 

- 16 -

Date: / ^ 

Date: 

//sr/^6 

/ ^ in jii. 

Patricia L. Meaney /' ^ 

Assistant Regional Administrator 

Region I 

U.S. Environmental Protection 

Agency 

J.F.K. Federal Building 

Boston, Massachusetts 02203 

Leiim W. Jensen (J 

Enforcement Counsel, Office of 

Environmental Stewardship 

U.S. Environmental Protection 

Agency 

J.F.K. Federal Building (SEL) 

Boston, Massachusetts 02203 
• , . - 17 -

XBS FOLLOWING PARTY IS A BENEFITTED PARTY PURSUANT TO 

M.G.L. C. 184 $ 27: 

FOR THE COMMONWEALTH OF MAS.SACHUSETTS 

SCOTT HARSHBARGER 

Attorney General 

Date: ^l/'^j'^/l By: ""tUU ^ f• f-huU^^ ^ 

Nancy E.'Harper 

Assistant Attornny Ganaral 

Environmental Protection Division 

200 Portland Strnnt 

Boston, HA 02114 
ADDENDUM TO "APPENDIX A, NOTICE OF ACCESS AND DECLARATION OF 

COVENANTS, CONDITIONS, AND RESTRICTIONS UNDER THE CONSENT DECREE IN 

UNITED STATES AND COMMONWEALTH OF MASSACHUSETTS v. TOWN OF 

NORWOOD" 

Page 2, fourth paragraph, first sentence: replace "Civil Action No. 96- " with "Civil Action 

No. 97-10701-T." 

Page 2, fourth paragraph, third sentence: replace "Office of Regional Counsel, U.S. EPA, JFK 

Federal Building - RRC, Boston, MA 02203" with "Superfund Records Center, U.S. EPA 

Region 1, One Congress Street, Suite 1100, Boston, MA 02114." 

Page 8, subparagraph "e": replace "Civil Action No. 96- " with "Civil Action No. 97-

10701-T." 

Page 9, subparagraph "i": replace "Civil Action No. 96- " with "Civil Action No. 97-

10701-T." 

Page 13, first paragraph, first sentence: replace "Action No. 96- " with "Action No. 97-

10701-T." 
> " II 'il" 

1 ..rNotice of conaant Decraa 

Attachment 1 

to 

Notice of Right of Aooess and Declaration of Covenaats, 

Conditions, and Rastrlctlons under the Consent Decree 

in United Statea and tbe Commonwealth of 

Maasachusetta v. Town of Norwood 

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 District 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, conditions, 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.S.C. 

SS 9606 and 9607, and to the Commonwealth under Section 107 of 

CERCLA, 42 U.S.C. S 9607, M.G.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 tiie 

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 subject 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 ). 

5. Covenants not to sue; and 

6. Reservations of rights. 

Copies of the Consent Decree may be obtained by writing: 

U. S. Environmental Protection Agency 

Office of Regional Counsel 

J.F.K. Federal Building ~ RRC 

Boston, MA 02203 

Reference: Superfund Docket No. 01-51 
ADDENDUM TO "NOTICE OF CONSENT DECREE, ATTACHMENT 1 to NOTICE OF 

ACCESS AND DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS 

UNDER THE CONSENT DECREE IN UNITED STATES AND COMMONWEALTH OF 

MASSACHUSETTS v. TOWN OF NORWOOD" 

Page 1, first paragraph, first sentence: replace "Civil Action No. 96- " with "Civil Action 

No. 97-10701-T." 

Page 1, first paragraph, second sentence: replace " , 1996" with "May 30, 1997." 

Page 2, last paragraph: change address to "Superfund Records Center, U.S. EPA Regiofi 1, One 

Congress Street, Suite 1100, Boston, MA 02114." 
RECEIP T 

Printed:03-03-2009 ® 10:44;40 

Norfolk Registry of Deeds 

William P O'Donnel 1 

Register 

Trans#: 60600 0per:SH0WE 

X .;^ir 

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^ 7 - / 0 7<;r^,., -7 -

Book: 26407 Page; 127 Inst#; 20510 

Ctl#: 674 Rec:3-03-2009 i 10;44:40a 

NRWD 

DOC DESCRIPTION 

JUDGMENT 

10-. 00 rec fee 

20.00 Surcharge 

5.00 Tech.Surcharge 

Postage/Handl'i ng Fee 

State Fee $40.00 

Total fees; 

TRANS AMT 

,00 

.00 

.00 

.00 

.00 

.00 

£?/<?£?C~/^i_. 

Book: 26407 Page: 129 Inst#: 20511 

Ctl#: 675 Rec;3-03-2009 ® 

NRWD - -

DOC DESCRIPTION 

DECREE 

10.00 rec fee 

20.00 Surcharge 

5.00 Tech.Surcharge 

STATE PG ADJ 

Postage/Handling Fee 

State Fee $40.00 

Total fees: 

10:44:40a 

TRANS AMT 

.00 

.00 

.00 

.00 

.00 

.00 

,00 

C o /-^ .j e. r^-^ 7' 

^.r^ye-ti^ ^ 

**x Total charges: .00