HomeMy WebLinkAboutCity Council Resolution 1991-523RESOLUTION NO. 91-523
CITY OF PLYMOUTH
Pursuant to due call and notice thereof, a regular meeting
of the City Council of the City of Plymouth, Minnesota, was held
on the 4th_ day of September . 1991. The following members
were present:
Mayor Bergman, Cowicilmemhers Helliwell, Ricker, Vasiliou, and Zitur
The following members were absent: None
A motion was made by Council Member 1.itur to
adopt the following resolution:
RESOLUTION NO. 91
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 seg., 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;
WHEREAS, federal courts have interpreted CERCLA as imposing
such a joint and several liability upon municipalies 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;
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;
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Resolution No. 91-523
WHEREAS, there is currently under consic'eration 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 cleanup of disposal sites;
NOW, THEREFORE, be it hereby resolved by the City Council of
the City of Plymouth, Minnesota, that the City Council support
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.
The motion for adoption of the foregoing resolution was duly
seconded by Councilmember Ricker , and upon vote
being taken thereon, the following voted in favor thereof:
Mayor Bergman, Councilmembers Helliwell Ricker, Vacilinu, and Zitur
The following voted against or abstained: None
Whereupon the
resolution was declared duly passed and adopted.
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