HomeMy Public PortalAboutr 12-157eau -'al ilt of the ox � of Tarter d, N- X-
Date or Ado do
No. — - p Septemb 20, 2012
AUTHORIZING SETTLEMENTS OF CLALVIS
IN PENDING LITIGATION AND ACCEPTANCE OF
AN EASEiNZENT IN CONNECTION THEREWITH
WHEREAS, the Borough of Carteret commenced an action in the Superior Court of
New Jersey, Middlesex County Vicinage, entitled Borough of Carteret v. ilvC �Llaterials,
LLC, et al. (Docket No. MID -C- 266 -08) (Basin Litigation), asserting numerous claims
against Basin Holding Realty Company, (Basin), among others, for remediation of a
debris pile on the property owned by Basin in the Borough of Carteret and identified on
the Borough Tax Map as Block 304, Lot 2.01 (formerly designated as Block 5.02, Lot
1.02), and having tire street address of 340 Roosevelt Avenue (the Basin Holding Parcel);
and
WHEREAS, the Borough of Carteret commenced an action in the Superior Court of
New Jersey, Middlesex County Vicinage, against Insurance Auto Auctions Corporation,
AA (IAA) and New Carson Hills, LP (identified in such litigation as Smirmit Associates,
Inc.) entitled Borough of Carteret v. Insurance Auto Auctions Corp., d/b /a Insurance
Auto Auctions, Inc. et al. (Docket No. MID -C- 234 -11) (IAA Litigation), seeking
injunctive and declaratory relief and statutory penalties and damages pursuant to the
Environmental Rights Act, N.J.S.A. 2A:35A -1 et seg., and alleging violations of
Carteret's Code and Ordinances, the Water Pollution Control Act, N.J.S.A. 58:10A -1 et
seq., and the Spill Compensation and Control Act, N.J.S.A. 58:10 -23.11 et seq.; and
WHEREAS, by letter dated April 26, 2012 (tile Notice Letter), the Borough of Carteret
notified U.S. Metals Refining Company (USMR), among others, of the Borough of
Carteret's to commence an action pursuant to section 7002(a)(l(B) on the Resource
Conservation and Recovery Act, 42 U.S.C. § 6972(a)(1)(B)(RCRA), for the abatement of
an imminent and substantial endangerment to health and the environment, resulting from
the illegal disposal of waste from the property identified on the Borough Tax Map as
Block 3, Lots 2.2, 2.3 and 4 and Block 2, Lots 2, 3, and 4 and having the street address of
300 -400 Middlesex Avenue (the "USMR Parcel'); and
WHEREAS, the Borough is negotiating settlement agreements with Basin and with IAA
under which the defendants will address the issues complained of in the respective
complaints, pay for the Borough's enforcement costs, and provide other relief to the
Borough; and
WHEREAS, the Borough is negotiating a standstill agreement with USMR, under which
the Borough will defer the commencement of litigation while USMR addresses the
RCRA issues complained of in the Notice Letter and provide other relief to the Borough;
and
WHEREAS, the Mayor and the Council, with the advice of the Law Director, have
reviewed these matters and have determined it to be in the Borough of Carteret's interest
to enter the settlements and standstill agreement on terns that are fair, reasonable, and in
the public interest and avoid the burden of unnecessary litigation; and
NOW, THEREFORE, BE IT RESOLVED by the Mayor and the Council of the
Borough of Carteret, County of iviiddlesex, State of New Jersey, as follows:
1. The Mayor is authorized to enter a settlement agreement resolving
the claims the Borough has asserted against Basin in the civil
action filed in New Jersey Superior Court under Docket No. MID -
C- 266 -08, and to accept any easement in correction therewith,
provided that the settlement agreement and any easement are in a
form satisfactory to the Law Director.
NO. 17 -157
PAGE 2
2. The Mayor is authorized to enter a settlement agreement resolving
the claims the Borough has asserted against IAA and others in the
civil action filed in New Jersey Superior Court wider Docket No.
MID -C- 234 -11, provided that the settlement agreement is in a
form satisfactory to the Law Director.
3. The Mayor is authorized to enter a standstill agreement with
respect to claims asserted against USMR and others, provided that
the standstill agreement is in a form satisfactory to the Law
Director.
4. The Mayor and Borough Clerk are hereby authorized and directed
to execute the settlement agreements, standstill agreement, and
any and all documents contemplated thereby.
5. A copy of this Resolution is to be forwarded to Special Counsel
Bradley M. Campbell LLC, 50 Nest State Street, Suite 1100,
Trenton, New Jersey 08608.
Adopted this 20" day of September, 2012
and certified as a true copy of the
original on September 21, 2012.
KATHLEEN M. BARNEY, MMC
Municipal Clerk
RECORD OR COUNCIL VOTE
COUNCILMAN
YFS
NO
NV
A.B.
COUNCILMAN
YES
NO
NV
A,B,
BELLING
X
NAPLES
X
DIMA SCIO
X
X - Indicate Vote AB-Absent NV - Not Voting XOR - Indicates Vote to Overmle Veto
Adopted at a meeting of the Municipal Council
CLERK
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