Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Environmental Assessment topic
No spam. Unsubscribe anytime.
Council asks attorney, insurer to review swim-club environmental assessment after residents report PCBs
Summary
Township council members asked the township attorney and administration to investigate legal and insurance options after residents raised concerns that recent Phase I/II environmental reviews of the municipal swim club did not detect polychlorinated biphenyls (PCBs).
Township of Washington council members asked the township attorney and administration on May 19 to investigate insurance and legal options after residents and council members raised concerns that a Phase I and Phase II environmental assessment at the municipal swim club did not detect PCBs.
Council members said residents asked whether the assessments missed the contaminants and whether the township could recover costs through insurance or other legal avenues. The request followed brief remarks from Township Administrator Mark DiCarlo that the Phase I and Phase II had been “very minimal” and that he had filed a claim: “I have made a claim with our insurance company, our EJF,” DiCarlo said.
The council asked Township Attorney Siobhan Bailey to prepare a summary of the township’s options. Bailey told the council she had a conflict on pursuing certain claims because “the issue I have doing that is I represented the seller of this property,” and said the township would need to hire outside counsel if it wanted a formal investigation directed at parties she previously represented.
Council member Merrick (identified in the meeting by surname) urged prompt public follow-up, saying he had received several emails and calls and that the township “owe[s] the residents at least a brief description” of next steps while investigations proceed. The council did not adopt any ordinance or take a formal vote on the matter; instead members directed staff and counsel to report back at a future meeting with a summary of legal options and any insurance coverage findings.
Background discussed at the meeting characterized the Phase I as minimal and the Phase II as a limited historic soil check; council members emphasized those scopes when explaining why PCBs might not have been detected. The attorney’s statement about prior representation clarifies a potential conflict that, according to the council’s direction, means outside counsel may be required for claims against third parties.
The council did not specify timelines for the attorney’s review or for any outside retention. The township did not state the dollar value of any damage claims or remediation costs during the meeting.
