SETTLEMENT AGREEMENT AND RELEASE
This Settlement Agreement and Release (“Agreement”), effective as of the last date of execution below (“Effective Date”), is made by and between California River Watch, a nonprofit corporation, on behalf of itself and its members (“CRW”), and the City of Livingston (“City”). CRW and the City are sometimes hereinafter each referred to as a “Party” or collectively as the “Parties.”
A. California River Watch (“CRW”) is a 501(c)(3) nonprofit, public benefit corporation organized under the laws of the State of California, dedicated to protect, enhance, and help restore the surface waters and groundwater including all rivers, creeks, streams, wetlands, vernal pools and tributaries of California.
B. The drinking water supplied by the City is subject to various federal and state regulatory regulations under 40 C.F.R. Part 141 (“SDWA”), and the California Safe Drinking Water Act, Health and Safety Code § 116270 et seq. and its related regulations under Titles 17 and 22 of the
California Code of Regulations (“California SDWA”). The City is a “supplier of water” as defined by 42 U.S.C. § 300f(5) and 40 C.F.R. § 121.2, and owns and operates a “public water system” as defined by 42 U.S.C. § 300f(4) and 40 C.F.R. § 141.2.
C. On or about December 13, 2013, CRW served the City with a 60-Day Notice of
Violations and Intent to File Suit alleging various violations of the federal SDWA (“SDWA Notice Letter”). On or about March 26, 2014, CRW filed a Complaint against the City in the United States District Court, Eastern District of California, Case No. 1:14-CV-00437-AWI-MJS, alleging the violations of SDWA detailed in the Notice Letter (“SDWA Complaint”).
D. On or about June 12, 2014, CRW served the City with a 90-Day Notice of Violations and Intent to File Suit alleging various violations of the federal Resource Conservation and Recovery Act (“RCRA Notice Letter”).
D. The City denies all of CRW’s allegations that it is liable to CRW for any claims that
were, or could have been asserted against the City based upon the SDWA and RCRA Notice Letters and in the SDWA Complaint.
E. The Parties have expended effort and resources in investigating and evaluating allegations and claims set forth in the SDWA and RCRA Notice Letters and SDWA Complaint, including the exchange of information as well as engaging in a negotiation and technical dialogue regarding settlement.
G. The Parties now wish to resolve and settle all disputes, obligations, and purported or actual claims or causes of action, which may exist by and between CRW and the City regarding compliance with the SDWA and RCRA, including without limitation any disputes, obligations, claims and/or causes of action that were or could have been asserted in or pursuant to the SDWA and RCRA Notice Letters and SDWA Complaint.
NOW, THEREFORE, in consideration of the execution of this Agreement and the releases, satisfactions and promises made herein, it is hereby agreed upon by the Parties as follows:
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