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File #: 16-1571    Version: 1 Name: 11/1/16 1,4-Dioxane Plume Litigation Resolution
Type: Resolution Status: Passed
File created: 11/1/2016 In control: City Council
On agenda: Final action: 11/1/2016
Enactment date: 11/1/2016 Enactment #: R-16-406
Title: Resolution Regarding Efforts Relative to the Gelman 1,4-Dioxane Plume Litigation
Sponsors: Christopher Taylor, Chip Smith, Sabra Briere, Chuck Warpehoski, Graydon Krapohl, Kirk Westphal, Zachary Ackerman, Julie Grand
Resolution Regarding Efforts Relative to the Gelman 1,4-Dioxane Plume Litigation
Whereas, Gelman Sciences, Inc. d/b/a Pall Life Sciences ("Gelman" or "Pall Life Sciences") contaminated groundwater in and around Ann Arbor with 1,4-dioxane over a period of many years, which resulted in plumes of 1,4-dioxane contamination in the aquifers under the City of Ann Arbor and adjacent areas;

Whereas, The City stopped using the Northwest Supply well in 2001 due to 1,4-dioxane contamination being detected in the well water at low levels;

Whereas, The City filed lawsuits against Gelman in state and federal courts (the "City cases"), but reached a settlement in late 2006 that included acceptance by the City of a $500,000 settlement from Gelman;

Whereas, The settlement in the City cases establishes a set of criteria under which Gelman will have the obligation to pay the City $4,000,000 due to an increase in 1,4-dioxane concentrations at the Northwest supply well;

Whereas, Due to the methodology used by Gelman for treatment of 1,4-dioxane, the City required Gelman to test the Huron River for Bromate as part of the settlement of the City cases;

Whereas, In a lawsuit brought by the State of Michigan against Gelman Sciences (the "State case"), the Michigan Department of Environmental Quality ("MDEQ") entered into a consent judgment with Gelman Sciences in 1992 that was amended in 1996, 1999, and 2011;

Whereas The MDEQ is responsible for oversight of the continuing risk mitigation and cleanup of the 1,4-dioxane plumes;

Whereas, The MDEQ has promulgated an emergency rule that lowered the drinking water cleanup criterion for 1,4-dioxane from 85 ppb to 7.2 ppb- a cleanup criterion more consistent with current science and established a residential vapor intrusion screening criterion of 29 ppb;

Whereas, Shallow groundwater testing on the west side of Ann Arbor performed this summer indicated 3 out of 16 shallow groundwater test wells have the pre...

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