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HomeMy Public PortalAboutr 17-131YtrSolution o #lie �Vrough of &rfrM, � J- No. 17-1 Date of Adoptio August 17, 2 017 AUTHORIZING A FINAL SETTLEMENT OF BOROUGH OF CARTERET CLAIMS AGAINST UNITED STATES METALS REFINING CORPORATION (USMR) ARISING FROM FORMER SMELTER OPERATIONS WHEREAS, USMR owns or formerly owned certain property located on Middlesex Avenue in the Borough of Carteret, Middlesex County, New Jersey, designated as Block 3, Lots 2.2, 2.23 and 4 and Block 2, Lots 2. 3 and 4 on the tax map of the Borough of Carteret (the "Site"), on which USMR operated an industrial plant engaged, inter alia, in primary and secondary copper smelting and refining from the early 1900s to approximately 1991; and WHEREAS, by letter dated February 27. 2012, the Borough, through counsel, gave written notice of its intention to sue USMR pursuant to the New Jersey Environmental Rights Act, N.J.S.A. 2A:35A -1. el seq., asserting claims arising from USMR's failure to investigate and remediate off -Site contamination on properties owned by the Borough and by Carteret residents (the "Off -Site Properties"): and WHEREAS, by letter dated April 26. 2012. the Borough, through counsel, gave notice of its intention to sue USMR pursuant to the Resource Conservation and Recovery Act, 42 U.S.C. § 7002(a)(1)(B), asserting claims arising from USMR's failure to investigate and remediate the Off -Site Properties; and WHEREAS, the Borough and USMR entered into an agreement (the "Standstill Agreement ") on or about November 26, 2012, to defer litigation of the Borough's claims and require the investigation, assessment, and remediation, if and where necessary, of the Off -Site Properties and facilitate redevelopment of the Site under the oversight of the New Jersey Department of Environmental Protection (NJDEP) and /or United States Environmental Protection Agency (USEPA), as pertinent; and WHEREAS, USMR's progress in the investigation and remediation of the Off -Site properties. and USMR's willing to address related issues raised by the Borough, have resulted in a proposed Settlement Agreement to resolve the Borough's claims with finality; and WHEREAS, by its express terms, the Settlement Agreement is limited to claims that have been or might have been asserted by the Borough, and is without prejudice to the claims of any other person including, without limitation, claims against USMR by residents or property owners in Carteret. NO. 1 7 -1 31 PAGE 2 NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Borough of Carteret. County of Middlesex. State of New Jersey, as follows: 1. That the Mayor and Council have reviewed the terms of the proposed Settlement Agreement as presented by the Law Director, and the Settlement Agreement is hereby approved, subject to final review as to form by the Law Director and special counsel. 2. That the Mayor is authorized to execute, on behalf of the Borough, the Settlement Agreement and any documents necessary and appropriate to implement the Settlement Agreement. Adopted this 17 "' day of August, 2017, and certified as a true copy of the original on August 18. 2017. KATHLEEN M. BARNEY, MMC Municipal Clerk CARMELA POGORZELSKI Assistant Municipal Clerk RECORD OF COUNCIL VOTE COUNCILMAN YES NO NV A.B. COUNCILMAN YES NO NV A.B. BEILD X _ aa-AL _ X Drat X KZIM X DD4%S= X RARE X X - Indicate Vote AB - Absent NV - Not Voting XOR - Indicates Vote to Overrule Veit) Adopted at a meeting of the Municipal Council 1