Title
Dept/ Agency: Law
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Type of Service: Agreement with Governmental Entity
Purpose: Execution of Tolling Agreement with Occidental Chemical Corporation to Extend the Statute of Limitations Period for Cost Recovery, Contribution, and Declaratory Relief in Connection with an Administrative Settlement Agreement and Order on Consent for Remedial Design Concerning Activities Conducted at the Diamond Alkali Superfund Site
Entity Name: Occidental Chemical Corporation
Entity Address: 5005 LBJ Freeway, Dallas, Texas 75215
Contract Amount: N/A
Funding Source: N/A
Contract Period: N/A
Contract Basis: ( ) Bid ( ) State Vendor ( ) Prof. Ser. ( ) EUS
( ) Fair & Open ( ) No Reportable Contributions ( ) RFP ( ) RFQ
( ) Private Sale ( ) Grant ( ) Sub-recipient ( ) n/a
Additional Information:
Tolling statute of limitations until July 31, 2021.
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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 Occidental Chemical Corporation ("OCC"), by allowing the statute of limitations for certain cost recovery, contribution, and declaratory relief pursuant to the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"), for costs incurred and to be incurred by OCC in connection with an Administrative Settlement Agreement and Order on Consent for Remedial Design (2016 ASAOC) between OCC and the United States Environmental Protection Agency ("USEPA"), with respect to the Diamond Alkali Superfund Site, which consists of the real property located at 80-120 Lister Avenue within the City of Newark, the Lower Passaic River Study Area, and the areal extent of contamination (the "Site"), to be tolled until July 31, 2021; and
WHEREAS, information indicates that since the American Industrial Revolution, the Site, which spans acros...
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