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Sun, Feb 18, 2018 01:48
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Federal judge asked to approve updated deal for PCB cleanup costs

GREEN BAY, Wisconsin (From WLUK) -- The federal and state governments asked a federal judge to approve an agreement for NCR to pay more than $200 million to pay for the remaining PCB cleanup in the Fox River.

According to the motion filed Wednesday, "NCR would take on sole responsibility for completing all remaining dredging work at the Lower Fox River and Green Bay Superfund Site."

The motion also includes language limiting NCR's ability to seek reimbursement from Georgia-Pacific Corp. It is an updated version of an agreement announced Jan. 17.

"The Consent Decree includes a waiver of claims by NCR and Appvion - and a corresponding release of potential claims of their indemnitors - that will constrain their ability to seek reallocation of their own costs to Georgia-Pacific and Glatfelter, provided Georgia-Pacific and Glatfelter do not try to strike back against NCR or Appvion. In addition to these commitments, NCR and Appvion are agreeing to waive their rights to appeal prior orders in this case and in the related Whiting case," the documents state.

The Whiting case referred to is another on-going federal case regarding how much what companies should pay for Fox River cleanup.

There is no indication how long it may take federal Judge William Griesbach to rule on the motion.

According to court documents, NCR and Appvion have paid more than $650 million to date for the cleanup, while other parties have contributed more than $350 million.

The seasonal cleanup work on the river resumed last week. Sediment cleanup on the river began in 2004 and is expected to be completed next year.

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