HomeMy WebLinkAbout1991-08-12 91-319 ORDERsummed Action
Date 8/12191 Item No. 91-319
Item/Subject: Authorizing the Execution of a Waiver of Certain Rights Pertaining
O the PERC Agreement for Solid Waste Disposal
Responsible Department: Engineering
Commentary:
Me Release contained in Schedule B of the PERC Agreement is s
general release against virtually all claims which might be brought
against either the City or PERC{ the proposed Waiver would limit the
effect of the Release by waiving the right of either the City or PEEL
to rely on the Release as a defense t any claim based upon environmental
laws brought against itSince PERC is in the most likely position to be
Involved in any violation of. o non-compliance with environmental laws,
it is considered 1n the interests of the City to obtain such a Waiver,
even though. we are required by this Council Order to execute a similar
Waiver.
This Waiver was
negotiated by the Attorneys working for the
Committee to analyzePERC, and is strongly endorsed by CAP; a large
number of communities have already signed and returned the Waiver.
IXNad
Manager's Comments: –m atn.f/-v._ Cs 0k INW ugf 40
Associated Information:( t
Budget Approval: -
P1. «O;n
Legal Approval: J %p y[ AJ I✓J/sS w
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Introduced For I'
®Passage
First Reading
❑ Referral
Page —of —
91-319
Aeugoed to l'unnciloo Bragg, August 12, 1991
CITY OF BANGOR
Authorizing the Execution of a Waiver f Certain Rights Pertaining
eo theRERC.Aareemgmt-forSolid, paste Disposal
By to City CouuH of Ot City of Boa Nor:
ORDERED,
THAT, WHEREAS, the City of Bangor has entered into an amended Agreement
with the Penobscot Energy Recovery Company, dated June 14, 1991. for the
disposal of solid waste at the PERC facility in Orrington5 and
WHEREAS, Schedule H of said Agreement contains a general release of both
the City and PERC from virtually all existing or future claims and demands
which might be brought against either party as a result of acts or omissions
committed prior to June 14, 1991: and
WHEREAS, PERC has conceded that said general release should not include
claims against PERC by reason
of non-compliance with any environmental laws,
rules regulations, and has agreed to waive any reliance upon said release
as a defense to any claim upon which suit isbrought against PERC by reason
of n-compliam .with environmental lams. said 'waiver to be contingent upon
the receipt of a similar waiver from the City of Bangor; and
SPERBER, it is considered advantageous to the City to receive a waiver
from PERC, srcompliance with environmental laws relative to the processing
and disposal ofesolid waste is a more direct responsibility of PERC;
NOW, THEREFORE, Be It
ORDERED. THAT the City Manager be and hereby is authorized toexecute
the attached Waiver relative to the Release in Schedule H of the PERC
Agreement_
In City Council August 12, 1991
Passed
Councilors Cohen & Sewyer ABstained
AR rt+
City Clark
91-319
0RBER
Title,
Authorizing the execution of a Waiver
A Certain ,R.3Ahts Perteip. . a to, tpe ,
Pere Agreement fm' Solid Waste 6ispoaal,
......................................
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BOWCiLaaa
WAIVER
. The City of Bangor Raine ("Municipality'). for itself and any other
persons or entities which could claim rights by or through it, hereby
waives any right it may have now or is the future to assert, make use of,
or rely upon the Release dated as of June 14. 1991, of which a copy is
attached hereto, as a defense to any claim on which suit is brought
(whether by first -party complaint, third -party complaint, c o aelaim,
or counterclaim) by the Penobscot Energy Recovery Company ("PERO)
against Municipality based upon any liability incurred Or asserted in
respect of environmental laws against PERE by reason of any non-compliance
or alleged non-compliance with any environmental laws, rules or regulations,
including, but not limited to, those promised to be complied with in the
Existing Contracts referred to in the Release (including without limitation
the Comprehensive Environmental Response. Compensation and Liability Act
of 1960, as amended, 42 O.S.C. 549601 et seg.) governing air emissions,
the disposal of any hazardous waste, special waste, front-end process
residue, ash, and any by-product of any waste, derived from the ownership,
handling of disposal of solid waste.
Dated as of this day of July, 1991.
WITNESS: MUNICIPALITY:
City of Bangor, Maine
By
Edward A. Barrett
Its City Manager