CC - 1991-20 - Supporting Legislative Relief from Superfund liabilityL
RESOLUTION NO. 91-20
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ROSEMEAD SUPPORTING LEGISLATIVE
RELIEF FROM SUPERFUND LIABILITY
WHEREAS, the Comprehensive Environmental Response, Compensation,
and Liability Act, better known as the Federal Superfund statute,
has brought welcome progress in the effort to cleanup the nation's
hazardous waste sites; and
WHEREAS, the statute properly makes all parties who have
generated, transported, managed, or disposed of hazardous waste
liable for the cost of hazardous waste cleanup; and
WHEREAS, corporate entities have tried to exploit this situation
at the expense of local governments, by equating a ton of household
garbage with a ton of toxic chemicals and have sued local
governments to pay a disproportionate share of the cleanup expense;
and
WHEREAS, Superfund's severe liability provisions are being
abused, placing unintended and potentially crippling liability on
local governments; and
WHEREAS, these actions egregiously distort Superfund's "polluter
pays" philosophy; and
WHEREAS, the Resource and Conservation and Recovery Act (RCRA)
already treats household waste as a non-hazardous substance; and
WHEREAS, the Environmental Protection Agency (EPA) has begun to
initiate steps to keep the focus where it belongs by announcing in
its Interim Municipal Settlement Policy that it would not routinely
pursue local governments under Superfund, acknowledging that only a
tiny fraction of municipal solid waste (including both garbage and
sewage sludge) is toxic.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of
Rosemead, that we fully support the following:
1. Amending Superfund legislation to state clearly that
municipal solid waste is not a hazardous substance.
Extending that treatment to all municipal solid waste under
Superfund would eliminate potential Superfund liability for
all governments who transported or generated only municipal
solid waste, including both garbage and sewage sludge.
2. Empowering only the federal government to sue local
governments for cost-sharing under Superfund and then only
if they disposed of other than municipal solid waste. If a
local government has handled truly hazardous waste, then it
deserves to be treated as a private party who behaved the
same way. But given the history of corporate overreaching
and the special status of local governments as partners in
enforcing Superfund, only the federal government should be.
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Res. No
Page 2
91-20
Easing settlement procedures for local governments involved
in Superfund cases. If local governments must be involved
in these cases, they should have the opportunity to settle
their potential liability quickly, such as is now the case
for a deminimus settlement. The special nature of
municipal waste - its high volume and extremely low
toxicity - should be statutorily recognized, and toxicity
should be the prime factor in assessing liability. In
order to promote expeditious and fair settlements, EPA
should assist local governments who need help in estimating
their just share of cleanup costs.
governments. The right to sue on behalf of their citizens
to restore natural resources is an essential right of local
governments.
Strengthening local governments' power to sue polluters for
damages to natural resources. Although judicial
interpretations of Superfund have established local
governments' right to bring actions for damages to natural
resources, American Communities for Cleanup Equity supports
a clarification and enhancement of local governments'
enforcement partnership with federal and state
Reauthorizing Superfund at an adequate funding level so
that cleanup of existing hazardous waste disposal sites can
continue.
That the City Clerk shall certify to the adoption of this
Resolution.
PASSED, APPROVED and ADOPTED this
ATTEST:
u -
TY CLERK NN
I hereby.certify that the foregoing.Resolution
No. 91=20 was duly and regularly
adopted by the City Council of the City of Rosemead.at an adjourned regular meeting
thereof held on the 10th day of April, 1991, by the following vote:
Yes: Bruesch, Taylor, Imperial
No : , None
Absent.: None
Abstain: =None
naA.~.
CrITY-~CLERK
Clark, McDonald
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