HomeMy WebLinkAbout2007-04-09 07-144 ORDERItem No. 07 144
Data: 49-07
Item/Subject: Order, Authorizing Execution of a Content Decree with Citizens Communications
Company, and the State of Maine
Responsible Deyacment: Legal
Commentary: in November 2002, the City file! suit in U. S. Disthct Court against Citizens
Communications alleging that Citizens contributed to pol Won of the Penobscot River. The District
Court established a three-phase procedure for trying the case where Phase I addressed liability as
between the City and Citizens, Phase II would select the method of clean up, and Phase III would
address the potential liability of additional third parties named by Citizens. After the Phase I trial,
the Court found Citizens fie% liable and the City 40% liable for remediation of the pollution. In
February 2007, the City and Citizens reached a Settlement Agreement ro remNe their rights to
appeal Muse I, their rights to try and appeal Phase II, and their rights against [hind pares.
The State of Maine owns the land underlying the Penobscot Rlver In Its sovereign capacity, and
the Maine Department of Environmental Protection (DEP) a an agent of the State charged with
controlling pollution of air, water, and land In the Statte and Is authorized and directed to
Investigate and evaluate rtes where hazandous substances are located, to designate such sites
as uncontrolled hazardous substances sites, and th take action to abete, clean up or mitigate the
threats or hazards posetl by hazardous sites. On March 3, 2004, the DEP designated the Ste as
an uncontrolled hazardous substances site and alleged that the City and Citizens are Jointly and
severally liable to remediate it The DEP, City, and Citizens have partlpated In discussions with
DEP regarding remetlles for the Site.
To resolve all claims by DEP for past and future response costs and Injumtive relief arising out
of or related m the pollution in the PerbscM Ricer, to fuM1I a condition of the February 2007
Settlement Agreement between the City and Citizens, th resolve the Issue of liability, and th of
move fornard with the cleanup, the parties have negotiated a Consent Decree. This order
authorizes the City Manager execute a Consent Decree With Cittrem and the State in the matter
of City of Bangor v. Citizen Communications Canpam/. The Consent Decree Is on file In the
office of the City Solicitor.
Department Head
Managees Comments: 1
P^""a'o'Qa "A p.nr elr6 k�'ik mRadw'f i'ti �p � ZdiNntB City Manager
Associated Information:
Budget Approval:
Finance Director
Legal Approval:
City Solic[ar
Introduced for
X Passage
_ First Readmit Page—
of-Referral
IN CITY COUtlCIL
April 9,
2007
Panora - 07 144
cxxY cceNx
Assignetl b CowcJm palm[ April 9. 2007
I�_ T
CITY OF BANGOR
(Trf E.) Order, Authodzing Execution of a Consent Decree with Ciburs Communications
Company and the Stare of Maine
WHEREAS, in November 2002, the City of Bangor filed wit against Citizens Communications
Company alleging that Citizens conMbuted to pollution of the Penobscat River (the
Site) in a lawsuit in the United States District Court for the District of Maine styled
City of Bangor, Maine v. Citizens Communications Company, at al., Civil Action 02-
1838-S; and
WHEREAS, the District Court established a three-phase procedure for litigating the issues
undeiwhich Phase 1 would address liability As between the City and Citizens, Phase
II would address selecting the method of clean up for the pollution in the Penobscot
River, and Phase ID would address the potential liability of additional third parties
named by Citizens in the lawsuit; and
WHEREAS, after the Phase I trial, the Court found that Citizens was 60% liable for the
remediatlon of the pollution in the river and that the City was 40% liable; and
WHEREAS, me City and Citizens reached a Settlement Agreement W resolve their rights to
appeal the Phase I judgment, doeir rights to try and appeal Phase H, and their rights
against the third parties; and
WHEREAS, the Settlement Agreement is cmditianed upon the negotiation of a consent decree
with the Maine Department of Environmental Protection (DEP) acceptable W the
parties; and
WHEREAS, the Cry, Citizens, and DEP have negotiated a proposed Consent Decree, a copy of
which is on file in the Office of the City Solicitor; and
WHEREAS, the Stare of Maine is a sovereign State which owns the land underlying the
Penobscot River in its sovereign capacity; and
WHEREAS, DEP is an agent of the State of Maine charged with the responsibility of controlling
pollution of air, water, and land in the State of Maim and is autharized and directed
to investigate and evaluate sites where hazardous substances are located, to
designate such sites as uncontrolled hazardous substances sites, and to take action
to abate, clean up, or mitigate the threats or hazards posed by hazardous sites; and
WHEREAS, on March 3, 2004, the DEP designated the Site as an uncontrolled hazardous
substances site; and
`I7 144
WHEREAS, the State of Maine has alleged Mat the City of Bangor and Cltlzens Communications
Company arejolntly and severally liable W dean up the Site; and
WHEREAS, the DEP, City of Bangor, and C lizens Communication Company have participated in
discussions With DEP regarding remedies for the Site; ant
WHEREAS, In the Interest of resolving all claims by DEP for past and future response costs and
injunctive relief arising out of or relatetl to the pollution in the Penobscot River, in
the Interest of fulfilling a condition of the Settlement Agreement between the City of
Bangor and Cltbens Communimbons Company, In the Interest of resolving one issue
of liability, and in the interest of moving forward with the cleanup of the pollution at
the Site, the parties have negotiated a Consent Decree.
NOW, THEREFORE, BE IT ORDERED BY THE CRY COUNCIL OF THE CITY OF BANGOR THAT
Me City Manager or, at his direction, mussel represerrong the City in this IitigMion, is hereby
authorized W execute a Consent Decree with Citizens Communications Comparry and the State
of Maine and the Maine DepaNnent of Environmental Protection in the matter of City of Bangor
v. Citizens Communications Company, et al., Civil Action 02-183-13-S (D.C. Me), In the form
currently on file in the Office of the CM Solicitor.
MCI"
0006CIL
Aril 9. M IL
lbtian Mase a� Seconded p 07_1" L
forAassme
pa dd�,(gJ� ORDER
l R [�— (f1TLEJ AUMorizine weecutiaa of a
Consent Decree with CStiieoa Coammunieatinm,
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