File #: 19-1428    Version: 1 Name: Tolling Agreement - Diamond Alkali Superfund Site
Type: Resolution Status: Adopted
File created: 9/9/2019 In control: Law
On agenda: 9/24/2019 Final action: 9/24/2019
Title: Dept/ Agency: Law Action: ( ) Ratifying (X) Authorizing ( ) Amending Type of Service: Agreement with Governmental Entity Purpose: To execute a Tolling Agreement for the benefit of the United States Environmental Protection Agency, which would toll the statute of limitations for the recovery of certain response costs incurred by the agency, pursuant to the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA") in connection with certain removal activities conducted at Diamond Alkali Superfund Site. Entity Name: United States Environmental Protection Agency Entity Address: U.S. Environmental Protection Agency, Region 2, 290 Broadway, 17th Floor, New York, New York 10007 Contract Amount: N/A Funding Source: N/A Contract Period: Tolling statute of limitations February 15, 2021 Contract Basis: ( ) Bid ( ) State Vendor ( ) Prof. Ser. ( ) EUS ( ) Fair & Open ( ) No Reportable Contributions ( ) RFP ( ) RFQ ( ) Private ...
Sponsors: Council of the Whole
Title
Dept/ Agency: Law
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Type of Service: Agreement with Governmental Entity
Purpose: To execute a Tolling Agreement for the benefit of the United States Environmental Protection Agency, which would toll the statute of limitations for the recovery of certain response costs incurred by the agency, pursuant to the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA") in connection with certain removal activities conducted at Diamond Alkali Superfund Site.
Entity Name: United States Environmental Protection Agency
Entity Address: U.S. Environmental Protection Agency, Region 2, 290 Broadway, 17th Floor, New York, New York 10007
Contract Amount: N/A
Funding Source: N/A
Contract Period: Tolling statute of limitations February 15, 2021
Contract Basis: ( ) Bid ( ) State Vendor ( ) Prof. Ser. ( ) EUS
( ) Fair & Open ( ) No Reportable Contributions ( ) RFP ( ) RFQ
( ) Private Sale ( ) Grant ( ) Sub-recipient (X) n/a
Additional Information:

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WHEREAS, the purpose of this Resolution is to authorize the execution of a Tolling Agreement, in the form attached hereto, for the benefit of the United States Environmental Protection Agency ("USEPA") by allowing the statute of limitations for the recovery of certain response costs incurred by USEPA pursuant to the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"), for removal activities undertaken by USEPA at the Diamond Alkali Superfund Site, including the real property located at 80-120 Lister Avenue within the City of Newark, the Lower Passaic River Study Area, and the aerial extent of contamination (the "Site"), to be tolled until February 15, 2021; and

WHEREAS, the City is the current owner of certain real property (Block2438, Lots 1, 14, 58, 59, 57, 19, 31, 56, and 34) located at 80-120 Lister Avenue, Newark New Jerse...

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