HomeMy WebLinkAbout1991-208 CCR1
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Member Dave Rosene introduced the following resolution
and moved its adoption:
RESOLUTION NO. 91 -208
RESOLUTION SUPPORTING ENACTMENT BY THE UNITED STATES
CONGRESS OF S.F. NO. 1557 LIMITING LIABILITY OF
MUNICIPALITIES UNDER THE COMPREHENSIVE ENVIRONMENTAL
RESPONSE. COMPENSATION AND LIABILITY ACT ("CERCLA
WHEREAS, the Comprehensive Environmental Response,
Compensation and Liability Act "CERCLA commonly referred to as
the Federal Superfund Law, codified as 42 United States Code,
Section 9601, et. sea_, currently provides that any person,
including a municipality, which generates, transports or disposes
of solid waste in violation of federal law is jointly and severally
liable for remediation of the disposal site; and
WHEREAS, federal courts have interpreted CERCLA as
imposing such a joint and several liability upon municipalities
which had very remote and minimal contacts with the disposal site,
with the result that the municipality was unable to avoid lengthy
and costly litigation over the cost of remediation and allocation
of the remediation costs even though the waste generated or
transported by the municipality was almost totally mixed municipal
solid waste (basically, household waste), rather than hazardous
substances; and
WHEREAS, continued interpretation of CERCLA in this
manner could lead to municipalities bearing a much greater portion
of the liability for clean up of Superfund sites than should
properly be attributed to these municipalities if liability under
CERCLA were based upon the strength and characteristics of the
waste, or if based upon the volume of hazardous substances, rather
than the volume of total waste; and
WHEREAS, there is currently under consideration before
the United States Senate, Senate File No. 1557, which would exempt
municipalities and other parties responsible for generating or
transporting waste which generally has the characteristics of
household garbage from liability for clean up of disposal sites.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Brooklyn Center, Minnesota, that the City Council supports
the adoption of said Senate File No. 1557 and that the City Manager
be directed to transmit a copy of this resolution to the authors of
said legislation and to members of the Minnesota congressional
delegation, in order to assist in the possible passage of said
legislation.
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RESOLUTION NO. 91 -208
August 26. 1991
Date Todd Paulson, Mayor
ATTEST: J l 1 P
Deputy Clerk
The motion for the adoption of the foregoing resolution was duly
seconded by member Jerry Pedlar and upon vote being
taken thereon, the following voted in favor thereof:
Todd Paulson, Celia Scott, Jerry Pedlar, Dave Rosene, and Philip Cohen;
and the following voted against the same: none,
whereupon said resolution was declared duly passed and adopted.