Hattiesburg resolves water lawsuit contamination

June 23, 2016

 

HATTIESBURG, Miss. - The past several years the city and Hercules Plant located on West 7th street have been discussing the possibility of water contamination from the closed factory.

 

During Tuesday's city council meeting the lawsuit filed against the plant has finally been resolved. City Council voted to approve a confidential settlement agreement.

 

The agenda states:

"Adopt a Resolution authorizing the Mayor to sign a confidential settlement agreement and release resolving certain legal claims against Hercules Incorporated and Ashland Inc. under the  Resource Conservation and Recovery Act (RCRA) and Mississippi common law relating to the former Hercules plant on West 7th Street."

 

 

RESOLUTION

 

WHEREAS, the City of Hattiesburg filed a lawsuit against Hercules Incorporated and Ashland  Inc. for alleged violations  of federal  and state  law;

 

WHEREAS, the City of Hattiesburg,  by and through  its council  of record, has negotiated a settlement  of said lawsuit;

 

NOW, THEREFORE, LET IT BE KNOWN, that the City Council authorizs  the Mayor of the City of Hattiesburg to sign a Confidential Settlement Agreement and Release, negotiated by the City's attorneys consistent with the terms presented to the Counci l during executive session, resolvi ng certain legal claims the City has asserted against Hercules Incorporated and Ashland Inc. (collectively "Hercules") under the Resource Conservation and Recovery Act (RCRA) and Mississippi common law relating to the former Hercules Plant on West  7th Street.

 

A MOTION  was made by  Council Member                          and seconded by Council Member  to Authorize  the Mayor to sign a Confidential  Settlement  Agreement  and Release, negotiated by the City's  attorneys  consistent  with the terms presented  to the Council during executive session, resolving certain legal claims the City has asserted against Hercules Incorporated and Ashland  Inc. (collectively  "Hercules") under  RCRA  and Mississippi  common law relating  to the former Hercules  Plant  on West  7th  Street.  In authorizing  settlement  of these

claims, the City acknowledges that the claims alleged in the complaint  are contested  in law and  fact by Hercules, and Hercules denies any and all liability to the City. Should the City pursue its claims at trial, the outcome as to liability and damages would be uncertain and could result in a verdict for Hercules on all of the City's claims,  in which  event the  City would  not be entitled to any relief. In authorizing the settlement of these claims, the City further acknowledges that the proposed  settlement  is fair and reasonable  given the  complex  legal  and factual nature  of the City's claims and Hercules's defenses, the risks  associated  with  continued  litigation,  and the benefits that will accrue to the City under the terms of the proposed settlement. A copy of the Confidential  Settlement  Agreement  and  Release  is attached  to these  minutes  as Exhibit  "I." Once fully executed by the Mayor, the executed copy of the Confidential  Settlement Agreement  and Release  shall be substituted  and preserved  as part  of the final minutes  of the Council.

 

The above and foregoing resolution, after having been first reduced to writing, was introduced by Council member                                                      , seconded by Council member

-------- and was  adopted  by  the  following  roll  call vote,  to  wit: YEAS:                                                            NAYS:

 

The President thereby declared the motion carried and the resolution adopted, this the _th day of June, 2016.

 

(SEAL)

 

 

ATTEST:                                                          ATTEST:

 

 

CLERK OF COUNCIL                                     PRESIDENT

 

 

The above and foregoing Resolution having been submitted to and approved by the Mayor, this the

_th day of June, 2016.

ATTEST:                                                                                  APPROVED:

 

CITY CLERK                                                                          MAYOR

 

The suit claimed groundwater contamination from the close plant may have leaked into the city's water supply. It also alleged Hercules improperly disposed of harmful chemicals within the plant for years.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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