Region 1 sent a referral to the Department of Justice proposing the filing of a crossclaim under CERCLA Section 107(a) against New England Container Company ( NECC ) for the recovery of approximately $21 million. In February 2011, Emhart Industries, Inc. ( Emhart ) filed suit against the U.S. Navy, the U.S. Air Force, and the Department of Defense under CERCLA Sections 107 and 113 for cost recovery and contribution to the costs Emhart has incurred at the Site. DOJ filed an answer on behalf of the federal agencies and counterclaims on behalf of both the federal agencies and EPA. The lawsuit, Emhart v. Air Force, was later consolidated with a lawsuit Emhart filed against NECC under CERCLA Sections 107 and 113 in 2006. This referral recommends the filing of a crossclaim, on behalf of EPA, against NECC in the consolidated lawsuit.
This is an ability to pay settlement in the form of a Consent Decree between EPA and New England Container Company. New England Container will pay $8.75 million in return for a covenant not to sue.