04-27-1999 Council Agenda - Laserfiche WebLink

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4 -23 -1999 9:08AM FROM SWEENEY LAW FIRM 2235289 P. 10 was necessary because the Liquidating Trust was unable to fulfill its obligations under the 1987 Order to investigate and respond to the releases and threatened releases at the Site. 15. During 1995 the Minnesota Pollution Control Agency (MPCA) investigated the business records of Schnitzer for the purpose of identifying potentially responsible parties (PRPs). The MPCA determined that between the period of 1974 and 1983 over 1,000 parties sold batteries, soft lead, other forms of lead and transformers to Schnitzer. One of these parties was the Third Party Defendant herein. 16. The records obtained and examined by the MPCA, and which are now in possession of the Schnitzer Site Group. consist of a weight ticicet with the name "Little Canada". These records clearly document that batteries containing lead from Third Party Defendant City of Little Canada were delivered to the Schnitzer Iron & Metal Site. Third Party Defendant is a municipality or other organization who arranged, by contract, agreement or otherwise, for disposal or treatment, or transport for disposal or treatment, of hazardous substances at the Schnitzer Site. 17. Although the records contained the names of hundreds of individuals and businesses who did business with Schnitzer, the MPCA chose to focus on only a very small number of PRPs for the purpose of achieving the cleanup at the Site. 18. On or about July 27, 1995, the Minnesota Pollution Control Agency sent • Commissioner's Notice Letters to fifteen (15) parties, stating that the MPCA had determined the recipients to be "responsible persons" under MERLA and indicating that the MPCA intended to recommend issuance of Requests for Response Action ( "RPRA "), requiring the recipients to design and implement a response action at the Schnitzer Site. Recipients of the Commissioner's Notice Letter included the University of Minnesota, the City of Saint Paul and the City of Page 160