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<br />. <br /> <br />. <br /> <br />. <br /> <br />RESOLUTION NO. 4376 <br /> <br />CITY OF MOUNDS VIEW <br />COUNTY OF RAMSEY <br />STATE OF MINNESOTA <br /> <br />RESOLUTION AUTHORIZING THE EXECUTION OF THE OAK GROVE SANITARY <br />LANDFILL CONSENT DECREE, AMENDED AND RESTATED OAK GROVE <br />SANITARY LANDFILL SITE TRUST AGREEMENT AND AUTHORIZE <br />SETTLEMENT AMOUNTS TO BE PAID FROM <br />UNDESIGNATED FUND BALANCE <br /> <br />WHEREAS, in 1991, the United States Environmental Protection <br />Agency notified the city of Mounds View that it was named as a <br />"Potentially Responsible Party (PRP) for contamination of the <br />designated Super Fund site, the Oak Grove Sanitary Landfill; and <br /> <br />WHEREAS, upon being named as a PRP, the City of Mounds View <br />complied with all requested information relating to the type and <br />amount of municipal solid waste which the City had transported to <br />the Oak Grove Landfill; and <br /> <br />WHEREAS, the City determined that the only known materials <br />transported to the site by the City of Mounds View were brush and <br />logs; and <br /> <br />WHEREAS, EPA maintained that the City of Mounds View, together <br />with other municipal transporters and private generators and <br />transporters, had contributed municipal solid waste "which may have <br />contained hazardous substances" thereby potentially contributing in <br />some measure to the overall contamination of the landfill and was <br />to be part of the lawsuit brought against all PRPs for the cost of <br />the clean up of the site; and <br /> <br />WHEREAS, for the past two (2) years, the City of Mounds View, <br />together with all other named municipal PRPs, has been negotiating <br />with the Federal Environmental Protection Agency, the U.S. <br />Department of Justice and the U.S. Department of Fish and wildlife <br />to determine a deminimis settlement for its share of the cost of <br />remedial design and remedial action relating to the site; and <br /> <br />WHEREAS, the EPA has determined through Administrative <br />Discovery that the City of Mounds View had contributed less than <br />1.0% of the total cubic yards of waste at the site and could <br />therefore be included in a de minimis Third Party Settlers Group; <br />and <br /> <br />WHEREAS, the final Oak Grove Sanitary Landfill Consent Decree <br />and Oak Grove Sanitary Landfill site Trust Agreement have been <br />drafted and found to be an acceptable settlement for the City of <br />Mounds View, the implementation of the Consent Decree will expedite <br />