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�ounds View City Council Page Four egular Meeting June 14, 1993 �� � and, therefore, the City could not prove that the load contained only brush or logs. Orduno also reported that 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 de minimis settlement for units of government. A settlement was negotiated which gives the key 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 PRP groupsj 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; and 4) a settlement amount which is far less than the original cost for the Remedial Action (clean-up costs). Orduno further reported that the final Consent Decree provides the cities with a settlement package that essentially lays to rest the potential for litigation both from the EPA and other PRPs. Mounds View's share of the cost for clean-up is $26,000 payable 30 days after the Decree is entered into the Court system. The Trust Agreement establishes how the monies will be held and the steps that will be taken for the clean up. The cost for settlement with the Fish and Wildlife Service is $576.14. The City started out two years ago with the potentiality of paying $50,000 and have settled paying $26,000. Orduno further stated that this is not the last landfill site that will affect Mounds View. There are others forthcoming. One fact that helps the City of Mounds View is that the City entered into a de minimis settlement sanctioned by EPA and that the City can no longer be held hostage by the EPA. The group of cities was meeting twice per month and quarterly with EPA officials. This action went through the Justice Department. Orduno stated it was a hard battle and that the City should be proud that a settlement was reached. Orduno further stated that in the Decree the City stated that it did nothing wrong and that the City does not admit guilt. Councilmember Quick asked Ms. Orduno to explain what this action has cost the City of Anoka. The City of Anoka has expended in excess of $50,000 in legal fees. Orduno stated that the City of Mounds View has spent zero in legal fees. New Brighton's dollar amount was $66,000 until the cities bound together and stated to the EPA that a settlement should be settled with the group as a separate government entity. Mayor Linke stated that the PRP group is going after the small businesses. Mayor Linke commented, that while listening to a local radio station, he heard that a small business owner had spent $10,000 plus $8,000 in legal fees to date. MOTION�SECOND: Quick/Blanchard to Adopt Resolution No. 4376 the Execution of the Oakgrove Sanitary Landfill Consent Decree, Amended