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Distributed Monday, June 14, 1993 . .: Agenda Section: 9.0 �� REQUEST FOR COUNCIL CONSIDERATION Report Number. 91-5 �C Report Date: h-11-93 STAFF REPORT Council Action: 411 0 Special Order of Business June 14, 19 9 3 0 Public Hearings CITY COUNCIL MEETING DATE p Consent Agenda lD Council Business Item Description: Consideration of Resolution No. 4376 Authorizing the Execution of the Oakgrove Sanitary Landfill COnsent Decree, Amended and Restated Oak Grove Sanitary Landfill Site Trust Agreement and Authorize Settlement Amounts Administrators Review/Recommendation: - No comments to supplement this report - Comments attached. Explanation/Summary (attach supplement sheets as necessary.) TTMMARY; In 1980, the Oak Grove Landfill was listed as an EPA Super Fund site under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) . In August 1987, the MN Pollution Control Agency (MPCA) completed a draft Remedial Investigation Report and Feasibility Study which outlined the proposed plan for remedial action for the clean-up of the site. In 1991, EPA began the process of naming all "Potentially Responsible • Parties" (PRP) who had generated or transported (or both) waste to the site which may have contributed to the contamination of the site. The City of Mounds View was named by the EPA as one of the PRPs. As part of the Administrative Discovery process, the City released all known information as to the type and volume of Municipal Solid Waste (MSW) that the City had transported to the site during the late 1960's through the early 1980's. All evidence indicated that the only type of MSW that the City had transported to the site had been a handful of loads of brush and logs. However, because one of the trip tickets to the site did not specify the type of load, the City could not prove that the - load contained only brush or logs. The consequence of our inability to prove the loads of MSW transported to the site did not contain hazardous waste, the City remained a PRP and therefore responsible for a portion of the clean-up costs. Over the past two years, the City, together with the other local units of government named as PRPs, has worked very hard to secure a de minimis settlement with EPA rather than become part of the private sector PRP group (which would have resulted in higher settlement costs to the City) . Samanth Orduno, City dministrator RECOMMENDATION: Motion to waive the reading and approve Resolution No. 4376 Authorizing the Execution of the Oak Grove Sanitary Landfill Consent Decree, Amended and Restated Oak Grove Sanitary Landfill Site Trust Agreement and Authorize Settlement Amounts with Payments to be Made from the Undesignated Fund Balance