Title
RESOLUTION AUTHORIZING THE CITY'S DIRECTOR OF PUBLIC WORKS AND UTILITIES TO REQUEST TO EXCLUDE THE CITY FROM THE SETTLEMENT AGREEMENTS IN IN RE: AQUEOUS FILM-FORMING FOAMS PRODUCTS LIABILITY LITIGATION, MDL NO. 2-18-MN-2873-RMG, RELATING TO CITY OF CAMDEN, ET AL. V. E.I. DUPONT DE NEMOURS AND COMPANY (N/K/A EIDP, INC.), ET AL., 2:23-CV-03230-RMG, AND CITY OF CAMDEN, ET AL. V. 3M COMPANY, CASE NO. 2:23-CV-03147-RMG
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CITY PROPOSAL:
WHEREAS, the city is a potential Settlement Class Member in settlements related to In re: Aqueous Film-Forming Foams Products Liability Litigation, specifically, a settlement related to City of Camden, et al. v. E.I. DuPont De Nemours and Company (n/k/a EIDP, Inc.), et al., 2:23-cv-03230-RMG (the "DuPont Settlement"), and a settlement related to City of Camden, et al. v. 3M Company, Case No. 2:23-cv-03147-RMG (the "3M Settlement," or together with the DuPont Settlement, the "Settlements"); and
WHEREAS, the DuPont Settlement pertains to All Public Water Systems in the United States of America that draw or otherwise collect from any Water Source that, on or before June 30, 2023, was tested or otherwise analyzed for PFAS and found to contain any PFAS at any level; and All Public Water Systems in the United States of America that, as of June 30, 2023, are (i) subject to the monitoring rules set forth in the U.S. EPA's Fifth Unregulated Contaminant Monitoring Rule ("UCMR 5") (i.e., "large" systems serving more than 10,000 people and "small" systems serving between 3,300 and 10,000 people), or (ii) required under applicable state or federal law to test or otherwise analyze any of their Water Sources or the water they provide for PFAS before the deadline of sample collection under UCMR 5; and
WHEREAS, the 3M Settlement pertain to all Active Public Water Systems (providers of drinking water) in the United States of America that have one or more Impacted Water Sources as of June 22, 2023; and all Active Public Water Systems tha...
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