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
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
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
Dated:
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2013/settlement resolution.2.final