Title
Dept/ Agency: Economic & Housing Development
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Type of Service: Execute Access Agreement
Purpose: Authorizing Execution of Access Agreement with PPG Industries, Inc., in Connection with Remediation Required by PPG Pursuant to a Consent Decree at City-Owned Property in the Riverside Industrial Park Superfund Site
Location of Property: (Address/Block/Lot/Ward)
49-59 Riverside Avenue/Block 614/Lot 58/ North Ward
1718-1728 McCarter Highway R/Block 614/Lot 61/North Ward
1700-1712 McCarter Highway R/Block 614/Lot 63/North Ward
1702-1716 McCarter Highway R/Block 614/Lot 64/North Ward
1692-1700 McCarter Highway R/Block 614/Lot 66/North Ward
1682-1690 McCarter Highway R/Block 614/Lot 67/North Ward
1682-1696 McCarter Highway R/Block 614/Lot 68/North Ward
Additional Information:
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WHEREAS, pursuant to a Consent Decree entered into by PPG Industries, Inc. (“PPG”) in the matter, United States v. PPG Industries, Inc. (Civil Action No. 2:24-cv-04771) (D.N.J. Sept. 4, 2024) (“Consent Decree”), PPG is conducting a Remedial Design and Remedial Action (“RD/RA”) at the Riverside Industrial Park Superfund Site (the “Site”) with oversight by the United States Environmental Protection Agency (“EPA”) and New Jersey Department of Environmental Protection (“NJDEP”); and
WHEREAS, the purpose of the Consent Decree includes designing and implementing the Remedial Action for the Site, as more fully set forth in the Statement of Work (“SOW”) attached as Appendix B to the Consent Decree; and
WHEREAS, Section VI of the Consent Decree requires PPG to use its best efforts to secure from the owner(s) of all Affected Property (as that term is defined in the Consent Decree), an agreement, enforceable by PPG and by EPA and NJDEP, requiring such owner to provide PPG, EPA, and NJDEP, and their respective representatives, contractors, and subcontractors with access at all reasonable times to such owner’s property to conduct any activity regarding the Consent Decree; and
WHEREAS, the City of Newark (“City”) is the owner by tax foreclosure of the properties located at 49-59 Riverside Avenue (designated as Lot 58, Block 614 on the tax map of the City of Newark) and1718-1728, 1700-1712, 1702-1716, 1692-1700, 1682-1690, and 1682-1696 McCarter Highway (designated as Lots 61, 63, 64, 66, 67, and 68, respectively, in Block 614 on the tax map of the City of Newark) (collectively, the “Property”), which comprises a portion of the Site; and
WHEREAS, access to the Property is necessary for PPG to implement the RD and RA, as further detailed under the Consent Decree and SOW (the “Work”); and
WHEREAS, the City has agreed to grant PPG a non-exclusive license to enter upon the Property for the purpose of performing the Work; and
WHEREAS, the Parties have formalized their rights and obligations with respect to the requested access in the Access Agreement attached hereto as Exhibit A.
NOW, THEREFORE, BE IT RESOLVED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:
1. The Mayor and/or the Deputy Mayor/Director of the Department of Economic and Housing Development are hereby authorized to execute an Access Agreement with PPG in the form attached hereto as Exhibit A.
2. A copy of the fully executed Access Agreement shall be filed with the City Clerk by the Deputy Mayor/Director of the Department of Economic and Housing Development.
STATEMENT
This resolution authorizes the execution an Access Agreement between the City and PPG, granting PPG a non-exclusive license to enter upon City-owned property in the Riverside Industrial Park Superfund Site to implement a Remedial Design and Remedial Action, as further detailed under the Consent Decree that PPG entered into with the EPA and NJDEP, United States v. PPG Industries, Inc. (Civil Action No. 2:24-cv-04771) (D.N.J. Sept. 4, 2024).