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Natural Resource Damage Assessment
NCR Corporation Settlement
The Trustees reached a settlement for natural resources damages with NCR Corporation in 2019 that was approved by the federal court on December 2, 2020. This settlement will provide $25 million to the Trustees to partially settle natural resource damage claims stemming from past discharges of polychlorinated biphenyls (PCBs) into the Kalamazoo River. Under the settlement, NCR is required to pay $10 million to the Trustees by January 2, 2021, then $2.1 million per year for 6 years and an additional $2.6 million by the seventh year after the December 2, 2020 date of the Consent Decree. For more information on the settlement, please see the Trustees' press release and the Consent Decree itself.
To best use these funds, the Trustees have asked the public to participate by submitting ideas for restoration projects in the Kalamazoo River watershed that will benefit injured natural resources and help compensate for associated lost recreational opportunities. The Trustees are evaluating ideas they received by March of 2020 for a first a round of funding but are continuing to request ideas for future rounds of funding. For more information on submitting project ideas, please visit the Restoration Plans section of this website.
The $25 million funding to the Trustees for restoration project proposals is part of a larger settlement with NCR Corporation regarding its responsibility for PCB contamination in and near the Kalamazoo River. In addition to the payment of natural resource damage claims to the Trustees, the agreement, valued at $245.2 million, involves performance of cleanup work by NCR Corporation, payment of money to EPA for future cleanup work, and payment of past and future government response costs, as detailed in the table below:
LyondellBasel Industries Settlement
In a 2010 bankruptcy settlement, the Trustees received $2 million in an environmental trust to be used for restoration related to injuries at Operable Unit 1 (Portage Creek area) of the Superfund site. See Final Restoration Plan and Environmental Assessment, Portage Creek and Operable Unit 1 for more information. The Trustees also received an additional $1.38 million to be used for restoration related to injuries from the Superfund site as a whole.
Plainwell Inc. and Plainwell Holding Company Settlement
In 2005, the Trustees received approximately $900,000 from a bankruptcy settlement with Plainwell Inc. and Plainwell Holding Company.