The Commonwealth, in cooperation with the Federal Trustees, has successfully negotiated NRD case settlements and is committed to implementing a comprehensive NRD program which requires polluters to restore injured resources and to compensate the public for the inability to use and enjoy those resources.
MA NRD All Case Settlements
To date, the Commonwealth has successfully negotiated NRD settlements with industrial polluters at 14 hazardous waste sites.
Buzzards Bay Oil Spill/Bouchard B-120
In 2010, State and Federal Trustees reached a settlement with Bouchard Transportation Co. Inc. and its affiliates for more than $6 million to settle a portion of the NRD claims for the April 2003 spill of up to 98,000 gallons of oil into Buzzards Bay. Specifically, claims for injuries to lost recreational uses, aquatic and shoreline resources, and plovers are included in this settlement; claims for injuries to birds other than plover and for reimbursement of certain damage assessment costs continue to be pursued by Trustees.
Restoration is underway at the New Bedford Harbor Superfund site to address injuries to sediments, water column, wildlife, and fisheries, which have been highly contaminated with polychlorinated biphenyls (PCBs) as a result of industrial discharges into the harbor. Restoration projects are funded via the $20.2 million NRD payment made to the Trustees by the responsible parties.
In 1992 the State and Federal Trustees settled natural resource damage claims with the potentially responsible parties at the Charles George Reclamation Trust Landfill Superfund Site. The total recovery of damages and future oversight expenses for all the Trustees was $1,353,440.
In 1995, the U.S. Fish and Wildlife Service (USFWS) as Trustee settled NRD claims with the Potentially Responsible Parties and recovered $157,256.00 for site restoration, site assessment, and future oversight expenses, which was to be expended jointly with the Commonwealth of Massachusetts for wetland creation or enhancement activities and performance monitoring of the sites to assure success.
In 1998, State and Federal natural resource Trustees entered into a NRD settlement, recovering approximately $3 million for natural resources injured, destroyed, or lost by the release of hazardous substances from or at the Nyanza Site.
In 1999, the Commonwealth of Massachusetts reached a settlement agreement with Hallmark Health System, d/b/a Lawrence Memorial Hospital for a total of $26,801.97 associated with a release of No. 6 fuel oil into the Lower Mystic River.
In an October 2000 Consent Decree, General Electric agreed to clean up and/or pay for the actual remediation of polychlorinated biphenyls (PCB) releases from the General Electric facility to the Housatonic River. As part of this Consent Decree, General Electric paid over $15 million in natural resource damages (NRD).
In 2003, the Commonwealth of Massachusetts reached a settlement agreement with operator of the tank truck, Normand Simard Transport, Inc., and the company that supplied the chemical tank, Somavrav, Inc., for a total of $150,000. As natural resource Trustee, EEA recovered $30,000.
In 2004, State and Federal natural resource Trustees entered into a proposed settlement with Sociedad Naviera Ultragas, Ltd., the Responsible Party under OPA for the T/V Posavina oil spill, to implement restoration projects.
In 2004, state and federal natural resource Trustees reached a settlement agreement with the Holyoke Gas & Electric Department and the Holyoke Water Company for natural resource damages in the amount of $345,000.
In October 2007, State and Federal Trustees entered into a $1.3 Million Natural Resource Damages (NRD) settlement with Textron Systems Corporation (TSC) , a defense contractor that conducted weapons testing in a section of the Massachusetts Military Reservation.
By order of the Suffolk Superior Court entered on March 10, 2010, cash assets totaling $747,000 were transferred to the Massachusetts NRD Trust for the purpose of identifying and implementing projects to restore blighted properties located in Essex County communities with Environmental Justice neighborhoods into "pocket parks," recreational amenities, community gardens or like uses.
In 2008, state natural resource trustees reached a settlement agreement with the Irving Oil Corporation, Irving Oil Terminals Inc. (together, Irving), and Global Petroleum Corporation in the amount of $312,500. Of this settlement, $12,500 compensates for natural resource injuries to Chelsea River and Mill Creek waters and wetland areas, and $200,000 to help mitigate the environmental impacts of spills at and around the site.