Agenda Packets - 1993/06/14 - Laserfiche WebLink

Home Browse Search

JUNE 14, 1993 411 PAGE TWO The PRP Group conducted a study to determine the total costs of the clean-up based on the guidelines established by the EPA. The local units of government named as PRPs worked together to encourage EPA to settle directly with the cities (and Anoka County) in a separate settlement which would guarantee the cities a covenant by the EPA not to sue the cities for past and future costs and also protect the cities from third party lawsuits from the private sector PRPs. For many months, the EPA refused to talk with the cities. Representatives from the cities finally approached Senator Durenburger's office who interceded on behalf of the cities and arranged for EPA to begin negotiations directly with the cities. For almost two years, the cities have been negotiating with EPA for a de minimis settlement which would essentially provide an opportunity for the units of governments to be treated separately and apart from the larger volume contributors. This is a precedent setting action in that never before has EPA been willing to negotiate directly with cities or acknowledge a deminimis settelment for units of government. A settlement has finally been negotiated which gives the key settlement elements which cities had sought from EPA: • 1. A covenant from EPA not to sue the cities for past and future clean-up costs 2 . Contribution Protection from third party suits (other PRPs) who might want to seek more money from the cities for the cost of the planned clean-up activities. 3 . Settlement with the U.S. Fish and Wildlife Service which had threatened to delay or seriously alter the settlement. 4 . A settlement amount which is far less than the original cost for the Remedial Action (clean-up costs) While the settlement is not made directly with EPA due to the objections of the U.S. Justice Department, the cities have been named as a separate group within the total settlement package. The cities' settlement remains a de minimis settlement in terms of the total contribution level and the caveats which have been included in the Consent Decree; namely, the identification of the cities' contributions to the landfill as Municipal Solid Waste consisting mostly of brush and no admission of guilt from the cities that they had contributed hazardous waste to the site. The final Consent Decree provides the cities with a settlement package that essentially lays to rest the potential for litigation 411 both from the EPA and other PRPs. Mounds View share of the cost for