MASSACHUSETTS AG: COURT APPROVES $366M SETTLEMENT WITH AVX

     (The following press release from the Massachusetts Attorney General's 
Office was received by e-mail and was reformatted. The sender verified the 
statement.)                                                                      
FOR IMMEDIATE RELEASE       September 18, 2013                                   
COURT APPROVES $366 MILLION SETTLEMENT WITH AVX CORP. TO ACCELERATE CLEANUP OF 
NEW BEDFORD HARBOR
Settlement will Remedy Contaminated Site in 5-7 Years 
BOSTON - Today, Attorney General Martha Coakley issued the following statement 
on the decision by the United States District Court for the District of 
Massachusetts to enter a $366.25 million settlement with AVX Corporation that 
will expedite the cleanup of polychlorinated biphenyl (PCB) contamination from 
New Bedford Harbor and achieve cleanup goals within five to seven years, rather 
than 40 years under current funding levels.                                      
"We are pleased that the federal court has accepted this important settlement 
to fund and accelerate a proper environmental cleanup of New Bedford harbor," 
AG Coakley said. "This decision is an important step for the economic 
development of the harbor, and will help realize significant public health 
benefits for the community."                                                     
BACKGROUND:
A joint motion to enter a supplemental consent decree was filed in 
June<http://www.mass.gov/ago/news-and-updates/press-releases/2013/2013-06-11-avx
-motion.html> with the United States District Court for the District of 
Massachusetts. After announcing the 
settlement<http://www.justice.gov/opa/pr/2012/October/12-enrd-1219.html> with 
AVX in October, the AG's Office, along with the Massachusetts Department of 
Environmental Protection (MassDEP), Department of Justice (DOJ) and U.S. 
Environmental Protection Agency (EPA) carefully reviewed and considered public 
comments prior to filing the motion.
The "cash-out" agreement with AVX Corp, a total of $366.25 million, plus 
interest, will be paid to the United States and the Commonwealth to provide 
more than 90 percent of estimated funding needed to complete the PCB cleanup at 
the New Bedford Harbor Superfund site. The cleanup includes dredging the PCB 
sediments and disposing of them at a mix of confined disposal facilities 
on-site, confined aquatic facilities on the harbor floor, and at off-site 
facilities.                                                                      
Prior to the settlement's approval, EPA has been performing the remedy with 
close to $15 million of funding per year, including $1.5 million in 
cost-sharing funds provided by MassDEP. PCBs are suspected carcinogens and have 
other adverse human health and ecological impacts.                               
The 18,000-acre New Bedford Harbor Superfund site extends from the Acushnet 
River estuary, through the City of New Bedford commercial harbor, and into 
17,000 acres of Buzzards Bay. The site is adjacent to former Aerovox facility, 
located along the Acushnet River, which was for decades a manufacturing 
facility utilizing PCBs for electrical equipment. AVX is a corporate successor 
to Aerovox Corporation, which operated at the facility from 1938 to 1973.
The settlement with AVX Corp. modifies the joint consent decree entered with 
AVX in 1992, in which AVX paid $66 million plus interest for response costs and 
natural resource damages at the site. 
MEDIA CONTACT:
Jillian Fennimore
617-727-2543 
(kgt)NY 
 
 
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