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An ordinance accepting and appropriating Public Water System Settlement Funds from BASF Corporation to the Metropolitan Department of Water and Sewerage Services.
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WHEREAS, Per- and polyfluoroalkyl substances (“PFAS”) are a large and diverse group of man-made chemicals that have unique properties, such as resistance to high and low temperatures, resistance to degradation, and non-stick characteristics; and,
WHEREAS, the Metropolitan Government of Nashville and Davidson County, through the Metropolitan Department of Water and Sewerage Services, joined a class action lawsuit against BASF Corporation over contamination to U.S. public water drinking systems; and,
WHEREAS, BASF Corporation (“BASF”) has agreed to settle water provider claims on a claims-wide basis (“BASF Public Water System Settlement”); and,
WHEREAS, though MWS has detected trace amounts of PFAS in source water, MWS has never detected PFAS in finished drinking water, and is committed to removing PFAS to protect the public health and safety of citizens of Nashville and Davidson County; and,
WHEREAS, it is in the best interest of the Metropolitan Government of Nashville and Davidson County to accept the BASF Public Water System Settlement funds.
NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:
Section 1. The Metropolitan Government of Nashville and Davidson County, through the Metropolitan Department of Water and Sewerage Services, is hereby authorized to accept the BASF Public Water System Settlement funds and appropriate $159,212.37 to the Water and Sewer Revenue Fund.
Section 2. That the Metropolitan Government of Nashville and Davidson County, through the Metropolitan Department of Water and Sewerage Services, is hereby authorized to accept any additional Public Water System Settlement Funds from BASF Corporation and to appropriate the funds to the Water and Sewer Revenue Fund No. 67311 Business Unit 65525000.
Section 3. That the director of the Department of Water and Sewerage Services or his designee is authorized to execute such documents as may be necessary to accept and appropriate Public Water System Settlement Funds as authorized by this ordinance.
Section 4. Amendments to this legislation shall be approved by resolution.
Section 5. This ordinance shall take effect from and after its final passage, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.