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Federal Judge Approves Cleanup Plan for Housatonic River and Berkshire County

Release Date: 10/27/2000
Contact Information: Peyton Fleming, EPA Press Office (617-918-1008)

BOSTON - In a major boost to one of the most far-reaching cleanup plans of its kind, U.S. District Court Judge Michael A. Ponsor today gave final court approval to a 400-page Consent Decree that serves as a blueprint for the massive PCB cleanup of the Housatonic River and Berkshire County in western Massachusetts.

Ponsor finalized the cleanup document - detailing the cleanup and restoration of the Housatonic River, the cleanup of the former GE facility in Pittsfield, the cleanup of PCB-contaminated residential, commercial and recreational properties, as well as other remediation projects - at a hearing this afternoon attended by government agencies, General Electric and several intervenor groups. Ponsor's action in federal court in Springfield makes the cleanup plan legally binding. (For more information about the Consent Decree and the overall cleanup, visit EPA's website at www.epa.gov/region01/ge/)

Today's approval also allows a separate agreement between GE and the City of Pittsfield regarding the large-scale redevelopment of GE's 254-acre property in Pittsfield to move forward. The lion's share of the redevelopment costs will be borne by GE.

"Judge Ponsor's ruling is a huge victory for Berkshire County and the Housatonic River," said Mindy S. Lubber, regional administrator of the U.S. Environmental Protection Agency's New England Office, which has spearheaded the PCB cleanup effort over the past three years. "Today's decision is the green light we've been looking for to bring about a cleanup that is aggressive, comprehensive and fully protective of public health and the environment. We now have a golden opportunity to erase this PCB chapter in western Massachusetts and Housatonic Valley once and for all."

"I applaud the court's decision today to enter this landmark agreement, which provides for a full-scale cleanup, restoration of damaged natural resources, and the economic rebirth of the GE plant site," added Massachusetts Attorney General Tom Reilly, whose office helped negotiate the Consent Decree. "General Electric finally will clean up the PCBs that have plagued the community for years."

The judge's ruling comes after EPA and the U.S. Department of Justice requested in July that the Consent Decree receive final court approval. The government's request came after an extensive review of more than 100 public comment letters - and numerous follow-up meetings in response to those comments - regarding the proposed 400-page cleanup plan which was first unveiled last fall.

"Now that the intervening parties and others in the community have had extensive opportunities to be heard, first during the public comment period and now by the deciding court, I believe it is time to stop challenging and begin championing the Consent Decree and the comprehensive and expeditious cleanup it represents," Lubber said. "We have a great deal of work still to do and we look forward to working cooperatively with all members of the public to finish the job."

While awaiting final court approval, much progress has been made in the PCB cleanup over the past year. Among the highlights:

• Cleanup of First Half-Mile of the Housatonic: Excavation of river sediments and bank soils in several segments of the top half-mile of the river in Pittsfield have been completed. To date, 5,500 cubic yards of sediments and bank soils have been removed. The project is expected to be finished next summer.
  
• Cleaning the Next 1½ Miles of River: The agency's preferred cleanup plan for remediating the next 1½ miles of the river in Pittsfield, between the Lyman Street Bridge and the confluence of the river's east and west branches, was announced in July. The cleanup plan would involve excavating about 94,000 cubic yards of PCB-contaminated sediments and bank soils. Following a review of extensive oral and written comments, the agency expects to make a final decision on a cleanup plan by mid-November.
  
• Evaluating the ‘Rest of River': EPA has been performing a substantial investigation to characterize the remaining downstream portions of the river. As part of that effort, EPA last week put out to public review a modeling document that will provide the basic framework for assessing, through complex computer models, baseline conditions in the river and how the river will respond based on various cleanup scenarios. The modeling effort will focus exclusively on the river below the top two miles earmarked for cleanup. The modeling document will be evaluated by a panel of independent scientists on a peer review panel, which is now being formed. The public has until Nov. 16 to submit nominations for the panel.