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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
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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:
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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
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5579