'ON SEPTEMBER 30, EPA REQUESTED THAT THE DEPT OF JUSTICE FILE A COMPLAINT AND A CONSENT DECREE TO RESOLVE CLAIMS UNDER THE COMPREHENSIVE ENVIRONMENTAL RESPONSE COMPENSATION AND LIABILITY ACT IN CONNECTION WITH THE BARKHAMSTED-NEW HARTFORD SUPERFUND SITE IN BARKHAMSTED, CT ( THE SITE ). PURSUANT TO THE CONSENT DECREE, 13 SETTLING DEFENDANTS AGREE TO PERFORM THE REMEDIAL DESIGN AND REMEDIAL ACTION AT THE SITE AND TO REIMBURSE THE UNITED STATES FOR PAST AND FUTURE COSTS. THIS SETTLEMENT RESOLVES CLAIMS BY EPA AND THE STATE OF CONNECTICUT WITH RESPECT TO GROUNDWATER CONTAMINATION INCLUDING VOLATILE AND SEMI-VOLATIVE ORGANIC COMPOUNDS, AND LOW CONCENTRATIONS OF METALS.
BASED ON TERMS OF THE PROPOSED CONSENT DECREE, THE SETTLING DEFENDANTS WILL PAY FOR AND PERFORM THE REMEDY AT THE SITE. THE SELECTED REMEDY IS MONITORED NATURAL ATTENUATION WHICH IS ESTIMATED TO COST $1.2 MILLION. THE SETTLING DEFENDANTS HAVE AGREED TO PAY FOR 100% OF EPA'S AND THE STATE OF CONNECTICUT'S FUTURE RESPONSE COSTS (ESTIMATED TO COST $300,000) AND INTERIM RESPONSE COSTS. EPA WILL ALSO BE COLLECTING 100% OF ITS PAST RESPONSE COSTS, AFTER THE MAXIMUM AMOUNT OF ORPHAN SHARE COMPENSATION IS APPLIED TO THOSE PAST RESPONSE COSTS. THE AMOUNT OF ORPHAN SHARE COMPENSATION WAS CALCULATED IN ACCORDANCE WITH EPA''S GUIDANCE DOCUMENTS, RESULTING IN AN AMOUNT OF $300,000 (25% OF THE FUTURE ROD COSTS OF $1.2 MILLION). THUS, THIS PROPOSED SETTLEMENT EQUALS A RECOVERY OF 100% OF EPA''S PAST COSTS AND FUTURE RD/RA COSTS A