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MAZOARISM <br />k-01", =11MAMUN <br />WHEREAS, since the 1950's, 3M used PFCs at its Cottage Grove facility in the <br />manufacturing process for many of its consumer and industrial products; and <br />WHEREAS, during the 1960s and 1970s, 3M disposed of waste products containing <br />PFCs from its manufacturing process at a now -closed Washington County Landfill in Lake Elmo <br />and a now -closed 3M-owned waste disposal facility in Oakdale; and <br />WHEREAS, in 2002, the City drilled Well #3 to serve future development in the <br />southern portion of the City; and <br />WHEREAS, in 2006, the Minnesota Department of Health ("MDH") determined that <br />PFCs were present in Well #3, and <br />WHEREAS, the source of the PFCs in Well #3 is the PFC-containing waste that 3M <br />disposed of at the Washington County Landfill and Oakdale disposal facility; and <br />WHEREAS, the level of PFCs present in Well #3 has exceeded MDH's Health Hazard <br />Index and far exceeded the recently established United States Environmental Protection <br />Agency's ("EPX') health advisory levels, thresholds that when exceeded trigger a need to take <br />action to protect human health; and <br />WHEREAS, as a result of the presence of PFCs in Well #3, the City was unable to use <br />Well #3 and therefore adopted and implemented an alternative design for its water distribution <br />system to serve the southern portion of the City; and <br />WHEREAS, as a result of the presence of PFCs in Well #3, the City has incurred <br />significant design, planning, engineering and construction costs associated with providing an <br />alternative water supply system to serve the southern portion of the City; and <br />WHEREAS, the Comprehensive Environmental Response, Compensation and Liability <br />Act ("CERCLA7) is a federal law that provides for strict, joint and several liability for parties that <br />arrange for the disposal of hazardous substances that are released into groundwater; and <br />WHEREAS, it is undisputed that 3M arranged for the disposal of PFC-containing waste <br />that was released into the City's drinking water supply; and <br />