Loading...
HomeMy WebLinkAbout5579 RESOLUTION NO. 5579 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, URGING CONGRESS TO ADOPT LEGISLATION THAT ELIMINATES LOCAL GOVERNMENT LIABILITY UNDER CERCLA SUPERFUND' FOR THE DISPOSAL OF ,ORDINARY MUNICIPAL WASTE. WHEREAS, the City of Arcadia strongly supports the cleanup of hazardous waste sites under Superfund; and WHEREAS, the City of Arcadia has a duty and responsibility to protect the public health of its citizens and it fulfills this obligation, in part, by arranging for the disposal of municipal waste; and WHEREAS, EPA estimates that approximately 20 percent of the sites on the Superfund National Priorities List are landfills where municipal waste is mixed with industrial hazardous waste; and WHEREAS, the intent of Superfund is to have the polluter, not the taxpayer, pay for the cleanup of hazardous waste sites; and WHEREAS, corporate defendants at Superfund sites, in search of "deep pockets" to shoulder their liability burden, have begun to sue local governments arguing that they should be responsible for the lion's share of cleanup costs at municipal sites; and WHEREAS, EPA recognizes that municipal solid waste contains only insignificant amounts of hazardous constituents and in its Superfund Interim Municipal Settlement Policy provides that EPA will identify local governments as potentially responsible parties at hazardous waste sites only in exceptional circumstances; and 5579 WHEREAS, the Interim Municipal Settlement Policy nevertheless leaves local governments vulnerable to overreaching lawsuits by private parties for cost recovery and contribution under Superfund. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That Congress adopt legislation that: a. eliminates local government liability under Superfund for the disposal of ordinary municipal waste, including both garbage and sewage sludge; b. prohibits private polluters from bringing Superfund contri- but ion actions against local governments for the disposal of ordinary municipal waste, including both garbage and sewage sludge; c. provides expedited de minimus settlements for local govern- ments involved in Superfund sites; d. mandates allocation of cleanup costs on the basis of toxicity rather than the volume of the municipal waste; and e. Strengthens local governments' ability to protect and restore the environment by recovering costs for damages to natural resources. SECTION 2. That the City Clerk shall certify to the adoption of this Resolution and distribute copies to Congressional leaders. Passed, approved and adopted this 16th day of April, 1991. ~ Mayor of the City of Arcadia ATTEST: cf}'C~~;klJ ~ ~ 5579 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) CITY OF ARCADIA ) I, JUNE D. ALFORD, City Clerk of the City of Arcadia, hereby certify that the foregoing Resolution No. 5579 was passed and adopted by the City Council of the City of Arcadia, signed by the Mayor and attested to by the Ctiy Clerk at a regular emeting of said Council held on the 16th day of April, 1991, and that said Resolution No. 5579 was adopted by the following vote, to wit: AYES: Councilmember Ciraulo, Fasching, Harbicht, Young and Gilb NOES: None ABSENT: None Cit J 5579