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Home My WebLink About1998-09-14 98-353 RESOLVECOUNCIL ACTION Item No. 98-353 Date September 14, 1998 Item/Subject: Resolve, Ratifying Execution and Delivery of Tolling Agreement -- Portland -Bangor Waste Oil Site (Plymouth) Responsible Department: Legal EPA has notified the City that it is a PRP at a Superfund Site in Plymouth, Maine. The statute of limitations for EPA to file suit against the City and other PRPs runs out in December, 1998. In order to give the parties time to negotiate a settlement and avoid litigation, a tolling agreement is necessary. This agreement extends the statute of limitations by two years. Associated Information: Resolve, Tolling Agreement Finance Dir¢CtOr City Solicitor L Introduced For CrPwy Passage First Reading Referral Page 1 of 8 Department Head Manager's Comments: Associated Information: Resolve, Tolling Agreement Finance Dir¢CtOr City Solicitor L Introduced For CrPwy Passage First Reading Referral Page 1 of 8 98-353 Auligved to Councilor Tyler September 14. 1998 CITY OF BANGOR �i...... Ratifying Execution and Delivery of Tolling cnr. ma lba,._....._...._...._.._.._.._.._..........._..._..._..._..___..._..._......__...._.._..._ Agreement -- Portland -Bangor waste 011 Site (Plymouth) By W City notl of City mf Bangor: BBSOLYBD, THAT the action of Edward A. Barrett, City Manager, on August 28, 1998 in executing and delivering a "West Site/Hows Corner Superfund Site Tolling Agreement" with the United States E.P.A. is hereby ratified and affirmed. A copy of said Tolling Agreenent is attached to this Resolve, and is incorporated herein by reference. IN CITY COUNCIL September 16, 1999 Passed RK 96-353 RESOLVE Ratifying Execution and Delivery of Tolling Agreement - Portland -Bangor Waste Oil Site �A((P/ley/mouuth)) q �o 98-353 WEST SITE/ROWS CURSES SUPERFUND SITE TOLLING AGREEMENT This Agreement (-'Agreement°) is entered into between: the United States Department of Justice, the United States Environmental Protection Agency (collectively the "United States"), and the State Of Maine ("Maine"I (collectively "the Government Parties") and a .i f3.12641 /a,y.. 7*+iri,-N� I A.r�Rw �-ec,� ("the Signing Party"). Each of the undersigned representatives of the Government Parties and the Signing Party certifies that he or she is fully authorized to enter into the terms and conditions of this agreement, and to execute and bind such party to this document. The Government Parties and the Signing Party, in consideration of the mutual covenants set out herein, agree as follows: 1. The United States contends that it now has a cause of action against the Signing Party, pursuant to Sections 106, 107 and 113 of the Comprehensive Environmental Response, Compensation, and Liability Act, as amended, 92 U.S.C. 55 3606, 9607 and 9613, for the implementation of response actions and the recovery of response costs incurred and to be incurred by the United States regarding the West Site/Howl Corner Superfund Site in Plymouth, Maine and c'_aims for the incurrence Of costs and damages for injury to, destruction of, or loss of natural resources, including the reasonable costs of assessing such injury, destruction, or loss resulting from a release of 98-353 hazardous substances at the Site. In addition, the United States denies that the Signing Party has any defense with respect to any claim so asserted. 2. Maine conrends tar it now has a cause of a_tlon against the Signing Party, pursuant to Sections 109 and 113 of the Comprehensive Environmental Response, Compensation, and Liability Act, as amended, 42 C.S.C. 55 9607 and 9613, and 32 MRSA 9 1367 and other State laws, in connection with the incurrence of response costs in the past and in the -u=re by Maine regarding t:e West S-ce/Hows Corner Superfund Site in Plymouth, Maine. In addition, Maine denies that the Sioni.^.a Party has any defense with respect to any claim so asserted. 3. The Signing Farcy denies that the causes of action referred to in Paragraphs '. and 2 properly exist and contends that it has full and coma'_ete defenses against any party, including but not limited to the Government Parties, w -ch rescocz to any claim asserted i_ volving said Site. _. This Agreement does not constitute, and shall not be interpreted, construed or used as evidence of any admission of liability, law or fact or a waiver of any right, claim, or defense by the Government Parties or the Signing Party. S. This Agreement does net constitute an admission or acknowledgment on the par- of any signing party as to any applicable statute of limitations under the above-cited statute or that any statute of limitations applies. a. The Signing Party agrees that the time period from September 1, 1998 chroug-'n December 1, 2000 Iihe "tcicna Par-"'! 98-353 will not be included in comouting the time limited by any statute of limitations for commencing the causes o_ action referred cc in Paragraphs 1 and 2 herein, .f any statute of limitations applies at all. Such time period will not be considered in a defense of laches or similar defense concerning timeliness of commencing a civ_, action. The sign-_nc Party sial! not assert, plead or racse against the United States in any fashion, whether by answer. motion or otherwise, any defense 'legal or equitable or avoidance based on the running of any scatuce of 1,mltacions during --he aforementioned period, and any statute_ of limitations shall be tolled during and for that Deriod. 7. All parties agree that commencing upon the signing of chis agreement, the oarcles wramicably seek a rasolucion to the causes of action referred to in Paragraphs 1 and 2, herein. a. This instrument contains the entire agreement be_wee_. Pae Government Parties and the Signing Party and no statement, promise, or inducement mad- by any parry or agent of any only that is not contained in this written contract shall h_ valid o binding; and this contract may not be enlarged, modified, or altered except in writing s,gred by the parties and endorsed herein. 9. The Signing Party shall preserve and retain all records, documents, or ocher information now in its possession or control or which comes into its possession or control chat relate in any manner to its or any other party's liability or potential liability with regard to the Sice. 98-353 The Signing Percy consents to this Tolling Agreement on tn_a 29 day of August, 1998. Name of Potent'-a11v C,+ Q' Responsible Parc Y OP'\{" / Qw,�� vn.h—•1 A: qri �Q.y ++v0n. Signature of U Representative: 1 C: ky n....Fytr �Qe•,g... .-ate of Signature: 8 -18 -ie Name of Representa- tive (please print):N 4 Title: Atri. C:1y 5:1:.:1. Address: C."i� F1.11 91 N&.1... Telephone No.: 10'1-445'44 oe eo.foz Facsimile No.: 901- iii- 4449 If the party this calling agreement was addressed to no longer exists as a legal entity or you do not have the legal authority to sign on behalf of yourself, please call either of the phone numbers listed in the cover letter to this tolling agreement for instructions regarding how to sign the signature page. 98-353 FOR THE UNITED STATES: Dated chis _ day of Serrember, 1550 Cynch'a Z er Senior A¢crney es EPforcement Section .,.._cedScares Deoarcmenn of Jcstice 33remher. +' e::cb eatcr A� ornev LteC scams Environmental Protect-cn gency FOR THE STATE OF MAINE: Dazed chis day o. Seozert er, :399 Dennis d. Y.arnisn Assistant Attorney Genera'_ S -laze o: Maine