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Consent Decrees and Pepco Project Milestones

Friday, April 20, 2012

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Between 1985 and 2003 there were six (6) documented releases of polychlorinated biphenyls (“PCBs”) (hereinafter collectively referred to as the “1985-2003 PCB releases”) into the environment at Pepco’s facility, located at 3400 Benning Road, N.E., Washington, D.C. 20019 (the “Facility”). Although Pepco conducted remedial actions in response to each of these releases in accordance with applicable legal requirements, because of the Facility’s proximate location to the Anacostia River, the PCBs released at the Facility may have migrated from the property into the sediment of the adjacent Anacostia River via the storm water system, overland flow or groundwater discharge.

Pepco’s discharge of PCBs into the Anacostia has contributed to conditions which may pose an imminent and substantial endangerment to aquatic life in the Anacostia River, and to human health. On October 8, 2010, the District issued a Notice of Intent to Sue to Defendant, pursuant to 7002(a)(1)(B) of the Resource Conservation and Recovery Act, 42 U.S.C. § 6972(a)(1)(B). In mid-December 2010, the District of Columbia and Pepco reached an agreement in principle to perform a Remedial Investigation and Feasibility Study (“RI/FS”) at the Pepco facility located at 3400 Benning Road N.E., Washington, D.C. 20019. The Parties finalized and executed a consent decree in early January, 2011. On February 1, 2011, the District filed its complaint in this action for the purpose of obtaining this Court’s approval and entry of the Consent Decree. On February 4, 2011 the District published notice of the Proposed Consent Decree and initiated a comment period of thirty (30) days.

The District carefully considered the public comments it received and prepared a detailed written response. The District and Pepco also made substantial revisions to the Consent Decree that were negotiated with Pepco resulting in a Revised Consent Decree that was executed on July 29, 2011. The Revised Consent Decree was then lodged with the Court on August 17, 2011. The Revised Consent Decree was then entered by the United States District Court for the District of Columbia on December 1, 2011. Attached below is a copy of the Consent Decree and an anticipated schedule for the RI/FS.