BOARD OF TRUSTEES OF THE

VILLAGE OF HASTINGS-ON-HUDSON

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In the Matter of the Proposed Settlement

of Hudson Riverkeeper Fund, Inc. and

Village of Hastings-on-Hudson v.

Atlantic Richfield Company

 

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WHEREAS, the Hudson Riverkeeper Fund, Inc. (the “Riverkeeper”) initiated an action in the United States District Court for the Southern District of New York pursuant to the Resource Conservation and Recovery Act, 42 U.S.C. § 6972(a)(1)(B), against the Atlantic Richfield Company (“AR”), alleging that contamination by polychlorinated biphenyls (“PCBs”) at the Harbor-at-Hastings site presents an imminent and substantial endangerment to human health and the environment; and

 

WHEREAS, the Village of Hastings-on-Hudson (the “Village”) subsequently intervened as a plaintiff in the action; and

 

WHEREAS, such action is captioned Hudson Riverkeeper Fund, Inc. and Village of Hastings-on-Hudson v. Atlantic Richfield Company v. United States of America, the United States Department of Defense, the United States Department of Commerce and the United States Navy, bearing case number 94 Civ. 2741 (WCC) (S.D.N.Y.); and

 

WHEREAS, the Riverkeeper, AR, and the Board of Trustees of the Village of Hastings-on-Hudson (the “Board of Trustees”) negotiated the conceptual terms of a proposed settlement of the action, which terms were set forth in a Settlement Term Sheet that was executed by each of the parties on or about May 13, 2003; and

 

WHEREAS, a Short Environmental Assessment Form (“EAF”) was prepared and filed with the Village Clerk on May 13, 2003; and

 

WHEREAS, the Board of Trustees has designated itself as Lead Agency pursuant to the New York State Environmental Quality Review Act (“SEQRA”); and

 

WHEREAS, to the extent that the proposed settlement is an action that is subject to review under SEQRA, the Board of Trustees has determined that the proposed settlement should be treated as an Unlisted Action; and

 

WHEREAS, the Board of Trustees conducted a public meeting on May 13, 2003 for the purpose of providing information to the public concerning the terms and implications of the proposed settlement, explaining the rationale for the proposed settlement, and inviting public comment on the proposed settlement until the close of business on May 27, 2003; and

 

WHEREAS, the Board of Trustees has reviewed and considered all questions and comments received from the public concerning the proposed settlement and has prepared a Responsiveness Summary setting forth responses to the questions raised by the public; and

 

WHEREAS, the Board of Trustees has continued its negotiations with AR and the Riverkeeper concerning the terms of the proposed settlement, including those with respect to certain issues raised by the public; and

 

WHEREAS, the parties have negotiated the terms of a Revised Settlement Term Sheet; and

 

WHEREAS, the Board of Trustees has determined that the proposed settlement would not result in any significant adverse effects on the environment, and would in fact have positive environmental impacts as it would assure a remediation at the Harbor-at-Hastings site that is more than sufficient to protect public health and the environment.

 

THEREFORE, BE IT RESOLVED THAT

 

1.      The Board of Trustees adopts the Negative Declaration, which shall be filed in the Office of the Village Clerk; and

 

2.      The Board of Trustees endorses and authorizes Mayor Wm. Lee Kinnally, Jr. to execute the Revised Settlement Term Sheet annexed hereto.

 

 

Dated:  June 24, 2003

 

 

                                                                                    ____________________________

 

2013/settlement resolution.2.final