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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; 1 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. 2