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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
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