Loading...
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 ■