Frequently Asked Questions

You have received this Notice of Class Action Settlement because you have been identified as a potential member of the Class on whose behalf claims for nuisance, battery, trespass, strict liability, property damage/devaluation, and biomonitoring (the “Class Claims”) will be settled, if the Court approves the proposed Settlement. The class action is called Severa, et al. v. Solvay Specialty Polymers USA, LLC et al., Case No. 1:20-cv-06906-NLH-AMD (D.N.J.). The Court in charge of this case is the United States District Court for the District of New Jersey, Camden Vicinage. The people who sued are called the “Plaintiffs,” and the companies they sued, Arkema and Solvay, are together called the “Defendants.”

Certain benefits provided through the Settlement are available to minor Class Members.

The Action that is the subject of this Notice is brought by Plaintiffs Kenneth Severa, Carol Binck, William Teti, Denise Snyder, and Jennifer Stanton (“Class Representatives” or “Lead Plaintiffs”). Lead Plaintiffs generally allege that Defendants each separately owned and operated a manufacturing plant (the “Plant”) at 10 Leonard Lane, West Deptford, Gloucester County, New Jersey, and caused the discharge of per- and poly-fluoroalkyl substances (“PFAS”), including but not limited to perfluorononanoic acid (“PFNA”) and perfluorooctanoic acid (“PFOA”), which allegedly entered the municipal water supply of the Borough of National Park, Gloucester County, New Jersey. Defendants deny these allegations and assert that there are no scientific studies concluding that PFAS from the Plant entered the municipal water supply.

In a class action, one or more people, called Class Representatives or “Lead Plaintiffs” (for example, the Class Representatives or Lead Plaintiffs identified above), sue on behalf of people who may have similar claims. A judge can determine that people who have similar claims are members of a class, except for those who exclude themselves from the class. A District Judge of the United States District Court for the District of New Jersey is in charge of this class action.

Lead Plaintiffs, through their counsel, Williams Cedar, LLC and Barry, Corrado & Grassi, P.C. (“Class Counsel”) have conducted a thorough investigation relating to the claims and the underlying events alleged in the Action, and analyzed the legal principles applicable to Lead Plaintiffs’ claims and the potential defenses thereto. As a result, Lead Plaintiffs and Class Counsel have concluded that they have obtained adequate information to enter into the Settlement on a fully informed basis.

Class Counsel engaged in extensive arm’s-length negotiations with counsel for the Defendants. Although Lead Plaintiffs believe their claims have merit, they recognize the risk, expense and length of continued proceedings necessary to prosecute such claims through trial. Class Counsel also have considered the costs, risks, and uncertainties inherent in proceeding further in this Action. Lead Plaintiffs and Class Counsel also have considered the difficulty in establishing that PFAS, including PFNA and PFOA, originated from the Plant, entered the National Park water supply, or caused Lead Plaintiffs or Class Members any harm. Lead Plaintiffs and Class Counsel therefore desire to enter into the Settlement, believing it to be reasonable, adequate and in the best interests of the Class Members.

Defendants have denied, and continue to deny, each and every allegation of liability and wrongdoing on their part and assert that the claims asserted against them in the Action are without merit and fail to state a cause of action; deny that they breached any duty, violated law, or engaged in wrongdoing of any form; and believe that they have strong factual and legal defenses to all claims alleged. Defendants have agreed to the Settlement in order to fully and finally settle and dispose of all claims that have been or could have been raised in the Action and to avoid the continuing burden, expense, inconvenience and distraction of this litigation. In short, the Parties disagree on the merits of this litigation, including whether or not damages have been suffered or are recoverable.

There has been no trial. The Court did not decide in favor of the Class Representatives or Defendants in this case. The Class Representatives, with the advice of Class Counsel, and the Defendants have agreed to the terms of this Settlement to avoid the cost, delay and uncertainty that would come with additional litigation and trial. The Class Representatives and Class Counsel think the Settlement is best for Class Members because it provides certain relief now as opposed to uncertain relief in the potentially distant future. The agreement to settle is not an admission of fault by either Solvay or Arkema. In fact, Defendants specifically dispute the claims asserted in this case.

The people covered by the proposed Settlement (the “Class Members”) are:

A. All residents of the Borough of National Park, Gloucester County, New Jersey for any period of time, consecutive or otherwise, during the period from January 1, 2019 through February 28, 2024, as further explained below (“Biomonitoring Class Members”).

Everyone who fits the following description is a Biomonitoring Class Member, including minors:

“Biomonitoring Class” means, for purposes of this Settlement only, all persons who resided in the Borough of National Park, Gloucester County, New Jersey during the period from January 1, 2019 to February 28, 2024, excluding any putative Class Members who exclude themselves by filing a request for exclusion in accordance with the requirements set forth in the Notice, and anyone who signed a release of claims related to the subject matter at issue in this Litigation.

The rights of Biomonitoring Class Members to obtain a blood test through the Biomonitoring Program as described further below belong equally to minor Biomonitoring Class Members as they do to adult Biomonitoring Class Members.

B. All owners or lessees of residential property located within the Borough of National Park during the period of January 1, 2019 to February 28, 2024 (“Nuisance Class Members”).

Everyone who fits the following description is a Nuisance Class Member:

“Nuisance Class” means, for purposes of this Settlement only, all persons who, during the period of January 1, 2019 to February 28, 2024, are or were owners or lessees of a Parcel of Property within the Borough of National Park, Gloucester County, New Jersey, according to the most recent version of that Gloucester County tax assessment records for the Borough of National Park, excluding any putative Class Members who exclude themselves by filing a request for exclusion in accordance with the requirements set forth in the Notice. The Nuisance Class includes persons whose interest in Property in the Borough of National Park is by lease or, for owners of Property, whose interest in the Property is joint, in common, by the entireties, subject to lien, and/or subject to mortgage. All such persons with ownership interests in a single parcel shall be deemed a single class member for purposes of distributions made under Paragraph 7(b) of the Stipulation. Similarly, all such persons whose interests in a single parcel are by lease shall be deemed a single class member for purposes of distributions made under Paragraph 7(b) of the Stipulation. The Nuisance Class does not include persons whose only interest in Property in the Borough of National Park is as a mortgagee, lien holder, contract purchaser, or beneficiary of any easement or covenant. The Nuisance Class also does not include anyone who signed a release of claims related to the subject matter at issue in this Litigation.

C. All owners of residential property located within the Borough of National Park during the period from January 1, 2019 through February 28, 2024. (“Property Class Members”).

Everyone who fits the following description is a Property Class Member:

“Property Class” means, for purposes of this Settlement only, all persons who owned a Property in the Borough of National Park, Gloucester County, New Jersey, during the period of January 1, 2019 to February 28, 2024, according to the most recent version of the Gloucester County tax assessment records for the Borough of National Park, excluding any putative Class Members who exclude themselves by filing a request for exclusion in accordance with the requirements set forth in the Notice. The Property Class includes persons whose interest in Property in the Borough of National Park is joint, in common, by the entireties, subject to lien, and/or subject to mortgage, but all such persons with interests in a single parcel shall be deemed a single class member for purposes of distributions made under Paragraph 7(a) of the Stipulation. Without limiting the generality of the foregoing, the Property Class does not include persons whose only interest in Property in the Borough of National Park is as a mortgagee, lien holder, contract purchaser, long or short-term lessee, or beneficiary of any easement or covenant. The Property Class also does not include anyone who signed a release of claims related to the subject matter at issue in this Litigation.

If you have received a mailed Notice of Class Action Settlement, you may be a member of one or more of the Classes described above.

Minors are eligible to receive benefits as members of the Biomonitoring Class. This means that minors who were residents of National Park at any time from January 1, 2019 to February 28, 2024 will be able to obtain, as part of the Biomonitoring Program described below under Question 8, a single blood draw to be analyzed for the presence of PFAS.

Judge James P. Savio (Ret.) has been appointed to serve as the Guardian Ad Litem in this case on behalf of the minor class members.  The role of the Guardian Ad Litem is to investigate and determine whether the settlement is fair, reasonable, and in the minor class members’ best interests. The Guardian Ad Litem will report his conclusions to the Court. The Court will address the conclusions of the Guardian Ad Litem during Friendly Hearing that has been scheduled to be held on June 13, 2024 at 1:30 p.m.

If you move after receiving this notice and before the Settlement is finalized, in order to receive additional important notices regarding Settlement benefits, including your payment if you are eligible for one, you must contact the Claims Administrator at 1-844-719-4592 or info@NationalParkPFASSettlement.com and give your new address.

Certain provisions of the proposed Settlement are described in this Notice, but the documents on file with the Court set forth the Settlement and its terms more fully. Those documents are available for you to review. The proposed Settlement is subject to Court approval.

The total value of the Settlement is $1,367,975. Attorneys’ fees and litigation-related expenses (not to exceed $243,595) for Class Counsel, fees to administer the Settlement (not to exceed $100,000), and incentive payments to Class Representatives (not to exceed $8,000 for each), will be paid out of the total Settlement amount, subject to approval by the Court.

The Settlement provides for benefits to the prospective Class Members to resolve the respective Class Claims. Specifically, the Settlement provides for total Settlement Amounts of $784,380.00 for persons who are Biomonitoring Class Members (the “Biomonitoring Class Fund”) and $200,000 for persons who are Property Class Members and/or Nuisance Class Members (the “Property/Nuisance Class Fund”). The Settlement Amounts will be used to make payments to respective Class Members and pay for other Settlement benefits. All of the benefits a respective Class Member can receive are described below.

(A) Biomonitoring Class Payments:

If you are a Biomonitoring Class Member, as defined herein, you are eligible for one blood test for PFAS during a 2-month period following entry of the Order and Final Judgment approving the Stipulation (the “Testing Period”), which will be paid for by the Biomonitoring Class Fund, on a first-come, first-served basis. The blood test is intended to identify the possible presence or absence of PFAS and their relative current concentrations only. All blood draws will be performed by AcuLabs, Inc. and analyzed by NMS Labs, neither of which are agents or affiliates of Defendants. Additional detailed information about the blood tests, including when and where the test will be made available, will be provided by mail in advance of the Testing Period, as well as will be made available on the Settlement website HERE. The cost of any potential interpretation of the blood test result by medical or health professionals is not included. Defendants shall not be liable for any actions or inactions, whether negligent, reckless or intentional, of AcuLabs, Inc. or NMS Labs, their employees, agents or affiliates. Additional information regarding the specific dates testing will be available and how to request a blood test will be provided after the Court approves the Settlement. The identities of the Biomonitoring Class Members who have their blood tested and the results of the blood test will be confidential. The blood test results will only be provided to the individual Biomonitoring Class Member who requested the test. Once the Biomonitoring Class Fund is depleted, no additional blood tests will be offered. The Biomonitoring Class Fund will be capable of funding a minimum of 2,100 blood tests. Upon expiration of the Testing Period, if any of the Biomonitoring Class Fund remains, those funds shall revert to Defendants within 45 business days after the closure of the Testing Period.

Biomonitoring Program Information

The Biomonitoring Program is currently planned to take place on eight (8) separate days (“Drawing Events”) over the course of a 2-month period at a location within a short drive from National Park. On the date of each Drawing Event, Biomonitoring Class Members who provide consent (“Participants”) will be able to obtain a single blood draw to test for PFAS chemicals. For minor Participants, consent must be received from the minor’s parent or legal guardian before blood is drawn. The blood draw will be performed by a certified phlebotomist associated with Aculabs. The blood sample will then be shipped to NMS Labs to be analyzed for the presence of PFAS and corresponding concentrations. Participants will receive access to the results of their blood test via a secure online portal.

The dates and timeframes for each Drawing Event will be selected to best accommodate the schedules of Biomonitoring Class Members. This will include Drawing Events being hosted on select weekdays and weekend days during specified timeframes that will cover mornings, afternoons, and evenings. The exact location of the Biomonitoring Program and the dates and timeframes for the Drawing Events will be determined at a later date and will be specified on the settlement website and in the postcard notice provided to Biomonitoring Class Members following the Court’s entry of Order and final Judgment.  No appointment will be necessary to appear at the Drawing Events.

(B) Nuisance Class Payments:

If you are a member of the Nuisance Class, as defined herein, you are eligible to receive a payment. The payments to Nuisance Class Members are currently estimated to be approximately $100 to each class member. Note that payments to property-owning Nuisance Class Members shall be based on the Property and apportioned pro rata among owners, whether jointly, in common, by the entireties, or otherwise. All Nuisance Class Members with a leasehold interest in Property are entitled to a payment, except that multiple leaseholders of the same Property at the same time are to be collectively treated as one Nuisance Class Member for purposes of payment. The identities of lease-holding Nuisance Class Members for purposes of payment shall be determined by timely submitted Claims Forms that list the names of each person or persons who have a leasehold interest in the Property to which Notice is sent. Also note that if you purchased or sold your Property, or if someone leased the Property before or after you did, the payment will be divided pro rata with the prior or subsequent owner or leaseholder of the Property based on the duration of ownership. The exact amount of the payments to Nuisance Class Members will be calculated by the Class Administrator, and will depend on the number of eligible Nuisance Class Members participating in this Settlement.

(C) Property Class Payments:

If you are a member of the Property Class, as defined herein, you are eligible to receive a payment. The payments to Property Class Members are currently estimated to be approximately $100 per Parcel. Note that if there are multiple owners of your Parcel of Property at the same time, then the payment for that Parcel will be made collectively as one payment to all property owners. Also note that if you purchased or sold your Parcel at any point during the period between January 1, 2019 and the Date of Preliminary Approval, the payment will be divided pro rata with the prior or subsequent owner of that Parcel based on the duration of ownership. The exact amount of the payments to Property Class Members will be calculated by the Class Administrator, and will depend on the number of eligible Property Class Members participating in this Settlement.

         To participate in the Biomonitoring Program and possibly receive a Nuisance Class Payment or Property Class Payment, you must make sure that your information on the Claim Form is correct and complete. If not, you must submit a timely, valid Claim Form.

Release of Claims by Lead Plaintiffs and Class Members

If the Settlement is approved, Lead Plaintiffs on behalf of the themselves, their heirs, executors, administrators, successors and assigns, the Class, and all other Class Members on behalf of themselves, their executors, administrators, successors and assigns (the “Releasors”), shall be deemed to have fully, finally and forever released, relinquished and discharged any and all claims, debts, demands, costs, expenses, rights, subrogated rights, remedies, or causes of action or liabilities whatsoever (including, but not limited to, any claims for damages, interest, attorneys’ fees and disbursements, expert or consulting fees and disbursements, and any other costs (including costs for bottled water or alternative water sources), expenses, or liability whatsoever), whether based on or arising from federal, state, local, statutory, contract, or common law, including, but not limited to, claims under the New Jersey Spill Act (“NJSA”), the New Jersey Industrial Site Recovery Act (“NJISRA”), the Comprehensive, Environmental Response, Compensation and Liability Act (“CERCLA”), the Resource Conservation and Recovery Act (“RCRA”), or any other federal, state, or local law, rule, or regulation, whether now or in the future, fixed or contingent, accrued or unaccrued, liquidated or unliquidated, at law or in equity, matured or unmatured, whether class or individual in nature, including both known claims and Unknown Claims (as defined below) (i) that have been asserted in this Litigation by the Lead Plaintiffs, the Classes, Class Members, or any of them against the Released Parties (as defined below); or (ii) that can be or could have been asserted in this or any other forum by the Lead Plaintiffs, the Classes, Class Members, or any of them against any of the Released Parties, which arise out of or are based upon the actual or alleged presence of PFAS (as defined below), or any other chemical, in the water supplied to or used by residents of the Borough, provided that Settled Claims do not include Personal Injury Claims (as defined below).  This release is also applicable to all minor class members.

Limitation on Future Personal Injury Claims

Neither Lead Plaintiffs nor Class Members (including minor Class Members) shall bring any Personal Injury Claims against any Released Parties unless the Lead Plaintiff or Class Member (including minor Class Members) who seeks to bring such a claim (a “Personal Injury Claimant”) satisfies all of the following:

a.  The Personal Injury Claimant obtains an affidavit from a physician licensed to practice medicine in the United States (“Physician”) averring that, to a reasonable degree of medical certainty (or other prevailing standard in New Jersey State Court for the admission of medical expert testimony at the time such affidavit is obtained), the Personal Injury Claimant has suffered a specific, identifiable physical injury due to exposure to a particular PFAS; and

b.  The Personal Injury Claimant obtains an affidavit from a Toxicologist who is a Diplomate of the American Board of Toxicology, a Diplomate of the American Board of Applied Toxicology, or a Fellow of the American Board of Forensic Toxicology averring that, to a reasonable degree of scientific certainty, the injury identified by the aforesaid Physician is one that can be caused by the particular PFAS at a specific dose (the amount of chemical to which the Personal Injury Claimant has been exposed); and

c.  The Personal Injury Claimant obtains an affidavit from a Licensed Site Remediation Professional duly licensed as such in the State of New Jersey or someone with at least a master’s degree in geology or hydrogeology from an accredited U.S. or Canadian college or university, averring that, to a reasonable degree of scientific certainty, the Plant was a substantial cause of the contamination by the particular PFAS that the Toxicologist deemed sufficient to cause the specific, identifiable physical injury claimed and that the Personal Injury Claimant was exposed to such PFAS by an identifiable exposure pathway from the Plant at the specific dose averred by the Toxicologist pursuant to subparagraph b hereof.

Release of Unknown Claims

“Unknown Claims” means any and all Settled Claims which either or both Lead Plaintiffs or any Class Member does not know or suspect to exist in his or her favor at the time of the release of the Released Parties, which if known by her, him or it, might have affected his, her or its decision(s) with respect to this Settlement. With respect to any and all Settled Claims, the Parties stipulate and agree that, upon the Effective Date, Lead Plaintiffs and Defendants shall expressly waive, and each Class Member shall be deemed to have waived, and by operation of the Final Judgment shall have expressly waived, any and all provisions, rights and benefits conferred by any law of any state or territory of the United States, or of any principle of common law, which is similar, comparable, or equivalent to Cal. Civ. Code § 1542, which provides:

A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the
release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.

Lead Plaintiffs and Defendants acknowledge, and Class Members by operation of law shall be deemed to have acknowledged, that the inclusion of “Unknown Claims” in the definition of Settled Claims was separately bargained for and was a key element of this Settlement.

If the Court approves the Settlement, then the Action will be dismissed with prejudice and without costs other than as provided in the Stipulation.

The foregoing is only a summary of the terms of the Settlement. If you are interested in additional information, copies of the Stipulation and any other submissions in the Action are on file with the Clerk of the Court, Mitchell H. Cohen Building & U.S. Courthouse, 4th & Cooper Streets, Camden, NJ 08101 and also available HERE.

If you want to participate in the Settlement and the information on the Claim Form is accurate and complete, you do not need to do anything. However, if any of the information is inaccurate or incomplete you must submit a Claim Form with the correct information to the Class Administrator. The Claim Form is also available HERE.

If you are required to submit a Claim Form to correct inaccurate or missing information, it must be postmarked no later than May 27, 2024.

The Court approved the law firms of Williams Cedar, LLC and Barry, Corrado & Grassi, P.C. to represent you and other Class Members. Together, the lawyers are called “Class Counsel.” You will not be charged for these lawyers. If you want to be represented by your own lawyer, you may hire one at your own expense.

As part of the final approval of this Settlement, Class Counsel will ask the Court to approve payment of their reasonable Attorneys’ Fees and Expenses related to their work in this case, in the approximate amount of $243,595.00.

Class Counsel will make their request for Attorneys’ Fees and Expenses through a motion that will be filed with the Court prior to the date of the Settlement Hearing and prior to the deadline for Class Members to file their Objections, which will also be posted HERE.

The Court will determine whether the payments and the specific amounts requested at the time are appropriate. These amounts will come out of the Settlement Amount. Defendants have agreed that they will not oppose Class Counsel’s request for fees and expenses as long as it does not exceed $243,595.00.

No. If you do not want to participate in and be bound by the terms of the Class Settlement Agreement, you may elect to exclude yourself or “opt out” of the Settlement. If you choose to opt out of the Settlement, you will be giving up any right to claim any of the benefits being provided to Class Members under the Settlement. To opt out of the Settlement, you must send a signed request for exclusion by mail stating: (a) your name and address, and (b) a statement that you wish to be excluded from the Class. Your request must be mailed to the following:

Your request for exclusion must be postmarked no later than May 27, 2024.

If you don’t agree with the Settlement or some part of it, you do not have to opt out. You can simply tell the Court that you do not agree with some or all of the proposed Settlement.

If you are a Class Member, you can object to the Settlement if you don’t like any part of it. You can give reasons why you think the Court should not approve it. The Court will consider your views. To object, you must send a letter saying that you object to the Severa et al. v. Solvay Specialty Polymers, USA, LLC, et al. Settlement and you must specifically state your objections. Be sure to include your name, address, telephone number, and your signature; indicate whether you are a current or former employee, agent, or contractor of Solvay, Arkema, or Class Counsel; and provide a detailed statement of the reason why you object to the Settlement. Mail the objection to each of the four places listed below, postmarked no later than May 27, 2024:

The Court will hold a hearing (the “Settlement Hearing”) on December 17, 2024 at 3:00 p.m., at the United States District Court for the District of New Jersey at Camden, Mitchell H. Cohen Building & U.S. Courthouse, 4th & Cooper Streets, Camden, NJ 08101 in Courtroom 4D. At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate to the members of the Respective Classes. If there are objections, the Court will consider them. The Court may also address Class Counsel’s and Plaintiffs’ and Class Representatives’ Motion for Attorneys’ Fees and Expenses, and, if granted, in what amounts. After the hearing, the Court will decide whether to approve the Settlement and enter the Judgment in the form attached to the Stipulation. We do not know how long these decisions will take.

The Settlement Hearing will occur after the Friendly Hearing scheduled for September 16, 2024 at 2:00 p.m. At the Friendly Hearing, the Court will address the conclusions of the Guardian Ad Litem with respect to the fairness, reasonableness, and whether the terms are in the best interests of the minor Class Members. The Court will not consider Class Member objections to the Settlement at the Friendly Hearing.

You do not have to come to the Settlement Hearing. Class Counsel will answer questions Judge Kiel may have, but you are welcome to come at your own expense. If you send an objection, you do not have to come to Court to talk about it. As long as you mailed your written objection on time, the Court will consider it. You may retain and pay for your own lawyer to attend.

You may ask the Court for permission to speak at the Settlement Hearing. To do so, you must send a letter saying that it is your “Notice of Intention to Appear in Severa, et al. v. Solvay Specialty Polymers, USA, LLC, et al., 1:20-cv-06906-NLH-AMD.” Be sure to include your name, address, telephone number, and your signature. Your “Notice of Intention to Appear” must be postmarked no later than June 5, 2024, and must be sent to the four addresses listed above in the “Objecting to the Settlement” section of this Notice, which includes direct notice to William T. Walsh, Clerk of Court, United States District Court for the District of New Jersey at Camden, Mitchell H. Cohen Building & U.S. Courthouse, 4^th & Cooper Streets, Room 1050, Camden, NJ 08101.

If you do not opt out and the Court approves the terms of the Settlement:

1. IF AFTER READING THE CLAIM FORM YOU DO NOT NEED TO COMPLETE SECTION ONE AND SECTION TWO, THEN YOU DO NOT NEED TO RETURN A CLAIM FORM TO RECEIVE ANY SETTLEMENT BENEFITS TO WHICH YOU ARE ENTITLED.
2. IF THE INFORMATION ON THE CLAIM FORM IS INCORRECT OR INCOMPLETE, YOU MUST RETURN THE CLAIM FORM FULLY-ANSWERED TO ENSURE  RECEIPT OF SETTLEMENT BENEFITS.

In either event, you and your children will forever be barred from bringing Settled Claims (as described in this Notice) because those claims are resolved under this Class Settlement and your ability, and your children’s ability, to bring Personal Injury Claims will be subject to certain conditions described herein.

The settlement is conditioned upon the occurrence of certain events described in the Stipulation. Those events include, among other things: (1) entry of the Judgment by the Court, as provided for in the Stipulation; and (2) expiration of the time to appeal from the Judgment or to move to alter or amend the Judgment, or the determination of any such appeal of motion in a manner to permit the consummation of the settlement substantially as provided for in the Stipulation. Regardless of whether the Court approves the Settlement, both Defendants’ Counsel and Class Counsel have the right to terminate the settlement for several reasons, including, but not limited to, if the percentage of either the Biomonitoring Class Members, Nuisance Class Members, or Property Class Members who submit timely claims to opt out of their respective classes exceeds 5%. If, for any reason, any one of the conditions described in the Stipulation is not met, the Stipulation might be terminated and, if terminated, will become null and void, and the parties to the Stipulation will be restored to their respective positions as of May 8, 2023. In that event, the Settlement will not proceed and no payments or benefits will be made to Class Members.

As used in this Notice, the following terms shall have the following meanings:

A. “Biomonitoring Class” means, for purposes of this Settlement only, all persons who resided in the Borough of National Park, Gloucester County, New Jersey for any period of time from January 1, 2019 to the Date of Preliminary Approval, excluding any putative Class Members who exclude themselves by filing a request for exclusion in accordance with the requirements set forth in the Notice, and anyone who signed a release of claims related to the subject matter at issue in this Litigation.

B. “Biomonitoring Class Member” means a person who fits within the scope of the Biomonitoring Class.

C. “Biomonitoring Class Fund” means the fund created by Defendants to pay for PFAS blood testing for members of the Biomonitoring Class, including the administration and oversight thereof and all lab and other diagnostic costs, and the costs of providing blood test results to individual members of the Biomonitoring Class. In addition, to the extent the Court decides to appoint a guardian ad litem to represent the interests of members of the Biomonitoring Class who are of the minority (under 18 years old), the Biomonitoring Class Fund will also pay the guardian ad litem’s costs and fees.

D. “Class Administrator” means Postlethwaite & Netterville, APAC.

E. “Classes” means, for purpose of this Settlement only, the Biomonitoring Class, Nuisance Class, and Property Class, individually and collectively.

F. “Class Counsel” means Gerald J. Williams, Esquire, and Alan Sklarsky, Esquire, of the law firm of Williams Cedar, LLC, and Oliver T. Barry, Esquire, and Shauna L. Friedman, Esquire of the law firm of Barry Corrado & Grassi PC, individually and collectively.

G. “Class Member” means a member of the Biomonitoring Class, Nuisance Class, and/or Property Class, individually and collectively.

H. “Effective Date” means the date upon which the Settlement shall become effective, as set forth in Paragraph 22 of the Stipulation.

I. “Litigation” means the lawsuit captioned Severa, et al. v. Solvay Specialty Polymers USA, LLC, et al., No. 20-cv-06906 (D.N.J.).

J. “Nuisance Class” means, for purposes of this Settlement only, all persons who, during the period of January 1, 2019 to the Date of Preliminary Approval, are or were owners or lessees of a Parcel of Property within the Borough of National Park, Gloucester County, New Jersey, according to the most recent version of the Gloucester County tax assessment records for the Borough of National Park, excluding any putative Class Members who exclude themselves by filing a request for exclusion in accordance with the requirements set forth in the Notice. The Nuisance Class includes persons whose interest in Property in the Borough of National Park is by lease or, for owners of Property, whose interest in the Property is joint, in common, by the entireties, subject to lien, and/or subject to mortgage. All such persons with ownership interests in a single parcel shall be deemed a single class member for purposes of distributions made under
Paragraph 7(b) of the Stipulation. Similarly, all such persons whose interests in a single parcel are by lease shall be deemed a single class member for purposes of distributions made under Paragraph 7(b) of the Stipulation. The Nuisance Class does not include persons whose only interest in Property in the Borough of National Park is as a mortgagee, lien holder, contract purchaser, or beneficiary of any easement or covenant. The Nuisance Class also does not include anyone who signed a release of claims related to the subject matter at issue in this Litigation.

K. “Nuisance Class Member” means a person who fits within the scope of the Nuisance Class.

L. “Order and Final Judgment” means the final order entered by the Court approving this Settlement on terms substantially identical to the terms of this Settlement Agreement and dismissing the FAC with prejudice.

M. “Order Granting Preliminary Approval of Class Action Settlement and conditional Class Certification and for Notice and Hearing” means the proposed order preliminarily approving this Settlement and directing notice thereof to the Classes substantially in the form attached as Exhibit D to the Stipulation HERE.

N. “Parcel” means, for purposes of this Settlement only, a tax lot shown as such on the most recent version of the Official Tax Map of the Borough of National.

O. “Party” or “Parties” means Lead Plaintiffs, on their own behalf and on behalf of the Classes, and Defendants, where appropriate to the text.

P. “Person” means a natural person.

Q. “Personal Injury Claims” means any and all claims, debts, demands, rights, or causes of action or liabilities whatsoever (including, but not limited to, any claims for damages, interest, attorneys’ fees and disbursements, expert or consulting fees and disbursements, and any other costs, expenses, or liability whatsoever), whether based on federal, state, local, statutory, or common law, or any other law, rule, or regulation, whether fixed or contingent, accrued or unaccrued, liquidated or unliquidated, at law or in equity, matured or unmatured, whether class or individual in nature, that any Lead Plaintiffs or Class Members have, now or in the future, against Defendants relating to allegations of personal injury, including, but not limited to, bodily injury, death, emotional distress, mental anguish, anxiety, psychological injury, and psychiatric injury, caused by exposure to PFAS, or any other chemical, resulting, directly or indirectly, from the ownership or operation of the Plant and/or the responsibility or liability (alleged or otherwise) of Defendants. Notwithstanding the foregoing, Personal Injury Claims do not include claims for biomonitoring or medical monitoring, which have been released as Settled Claims.

R. “PFAS” means per- and poly-fluoroalkyl substances (inclusive of any of their precursors and degradants), including without limitation perfluorooctanoic acid (PFOA), perfluorononanoic acid (PFNA), perfluorooctane sulfonic acid (PFOS), ammonium perfluorooctanoate (APFO), and any compound that contains, breaks down into, or may cause the formation in the environment of PFAS, in all forms, including, but not limited to, PFOA, PFNA, PFOS, or APFO. It is the intention of the Stipulation that the definition of “PFAS” be as broad, expansive, and inclusive as possible.

S. “Property” means realty used exclusively for residential purpose owned or occupied by at least one Class Member within the Borough of National Park, Gloucester County, New Jersey, classified as Property Tax Class 2, 3A, or 4C within the most recent version of the Gloucester County tax assessment records for the Borough of National Park. For the avoidance of doubt, “Property” does not include commercial property or mixed commercial/residential property unless the mixed commercial/residential property is owned or occupied by at least one Class Member.

T. “Property Class” means, for purposes of this Settlement only, all persons who owned a Property in the Borough of National Park, Gloucester County, New Jersey, during the period of January 1, 2019 to the Date of Preliminary Approval, according to the most recent version of the Gloucester County tax assessment records for the Borough of National Park, excluding any putative Class Members who exclude themselves by filing a request for exclusion in accordance with the requirements set forth in the Notice. The Property Class includes persons whose interest in Property in the Borough of National Park is joint, in common, by the entireties, subject to lien, and/or subject to mortgage, but all such persons with interests in a single parcel shall be deemed a single class member for purposes of distributions made under Paragraph 7(a) of the Stipulation. Without limiting the generality of the foregoing, the Property Class does not include persons whose only interest in Property in the Borough of National Park is as a mortgagee, lien holder, contract purchaser, long or short-term lessee, or beneficiary of any easement or covenant. The Property Class also does not include anyone who signed a release of claims related to the subject matter at issue in this Litigation.

U. “Property Class Member” means a person who fits within the scope of the Property Class.

V. “Released Parties” means Defendants Arkema, Solvay, their past or present subsidiaries, parents, successors, affiliates, and predecessors, their distributors, wholesalers, suppliers, resellers, and retailers, their past or present officers, directors, members, agents, employees, attorneys, advisors, investment advisors, auditors, accountants and insurance carriers or any of them, any person, firm, trust, corporation, officer, director, owner, indemnitor, or other individual or entity in which Defendants have a controlling interest or which is related to or affiliated with Defendants; and the legal representatives, successors in interest or assigns of Defendants. For the avoidance of doubt, the Parties expressly acknowledge that Solvay’s corporate family including the Solvay Group is undergoing broad corporate changes and is entering into a series of transactions pursuant to which its entities or assets may be assigned, allocated, or otherwise transferred in separation, split-up, de-merger or similar transactions that yield two separate corporate groups, all of which, including but not limited to Syensqo Group, will be considered Released Parties.

W. “Settled Claims” means any and all claims, debts, demands, costs, expenses, rights, subrogated rights, remedies, or causes of action or liabilities whatsoever (including, but not limited to, any claims for damages, interest, attorneys’ fees and disbursements, expert or consulting fees and disbursements, and any other costs (including costs for bottled water or alternative water sources), expenses, or liability whatsoever), whether based on or arising from federal, state, local, statutory, contract, or common law, including, but not limited to, claims under the New Jersey Spill Act (“NJSA”), the New Jersey Industrial Site Recovery Act (“NJISRA”), the Comprehensive, Environmental Response, Compensation and Liability Act (“CERCLA”), the Resource Conservation and Recovery Act (“RCRA”), or any other federal, state, or local law, rule, or regulation, whether now or in the future, fixed or contingent, accrued or unaccrued, liquidated or unliquidated, at law or in equity, matured or unmatured, whether class or individual in nature, including both known claims and Unknown Claims (i) that have been asserted in this
Litigation by the Lead Plaintiffs, the Classes, Class Members, or any of them against the Released Parties; or (ii) that can be or could have been asserted in this or any other forum by the Lead Plaintiffs, the Classes, Class Members, or any of them against any of the Released Parties, which arise out of or are based upon the actual or alleged presence of PFAS, or any other chemical, in the water supplied to or used by residents of the Borough, provided that Settled Claims do not include Personal Injury Claims defined herein.

X. “Settlement” means the settlement contemplated by the Stipulation.

Y. “Unknown Claims” means any and all Settled Claims which either or both Lead Plaintiffs or any Class Member does not know or suspect to exist in his or her favor at the time of the release of the Released Parties, which if known by her, him or it, might have affected his, her or its decision(s) with respect to this Settlement. With respect to any and all Settled Claims, the Parties stipulate and agree that, upon the Effective Date, Lead Plaintiffs and Defendants shall expressly waive, and each Class Member shall be deemed to have waived, and by operation of the Final Judgment shall have expressly waived, any and all provisions, rights and benefits conferred by any law of any state or territory of the United States, or of any principle of common law, which is similar, comparable, or equivalent to Cal. Civ. Code § 1542, which provides:

   A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.

If the proposed settlement is approved, the Court will enter a Final Judgment and Order of Dismissal with Prejudice (the “Judgment”). In addition, upon the Effective Date, the Lead Plaintiff, Class Representatives and each of the Class Members, for themselves and for any other Person claiming (now or in the future) through or on behalf of them, and regardless of whether any such plaintiff or Class Member ever seeks or obtains by any means, including, without limitation, by submitting a Proof of Claim, any distribution from a Settlement Fund, shall be deemed to have, and by operation of the Judgment shall have, fully, finally, and forever released, relinquished and discharged all Settled Claims against the Released Parties, and shall be permanently barred and enjoined from instituting, commencing, or prosecuting any such Settled Claim against the Released Parties except to enforce the releases and other terms and conditions contained the Stipulation or the Judgment entered pursuant thereto.

DO NOT CALL the Court, Solvay, or Arkema with questions about this Settlement. If you have questions about this Settlement you may visit the settlement website at HERE, or you may contact the Class Administrator by phone at 1-844-719-4592 or by email at info@NationalParkPFASSettlement.com.

The court record for this case includes all documents that have been filed to date. This information is publicly available to you. You may review the court file in person during normal business hours at the Camden federal courthouse located at:

Mitchell H. Cohen Building & U.S. Courthouse
4th & Cooper Streets, Room 1050
Camden, NJ 08101