HomeMy WebLinkAboutResolution 4376
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RESOLUTION NO. 4376
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION 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 TO BE PAID FROM
UNDESIGNATED FUND BALANCE
WHEREAS, in 1991, the United States Environmental Protection
Agency notified the city of Mounds View that it was named as a
"Potentially Responsible Party (PRP) for contamination of the
designated Super Fund site, the Oak Grove Sanitary Landfill; and
WHEREAS, upon being named as a PRP, the City of Mounds View
complied with all requested information relating to the type and
amount of municipal solid waste which the City had transported to
the Oak Grove Landfill; and
WHEREAS, the City determined that the only known materials
transported to the site by the City of Mounds View were brush and
logs; and
WHEREAS, EPA maintained that the City of Mounds View, together
with other municipal transporters and private generators and
transporters, had contributed municipal solid waste "which may have
contained hazardous substances" thereby potentially contributing in
some measure to the overall contamination of the landfill and was
to be part of the lawsuit brought against all PRPs for the cost of
the clean up of the site; and
WHEREAS, for the past two (2) years, the City of Mounds View,
together with all other named municipal PRPs, has been negotiating
with the Federal Environmental Protection Agency, the U.S.
Department of Justice and the U.S. Department of Fish and wildlife
to determine a deminimis settlement for its share of the cost of
remedial design and remedial action relating to the site; and
WHEREAS, the EPA has determined through Administrative
Discovery that the City of Mounds View had contributed less than
1.0% of the total cubic yards of waste at the site and could
therefore be included in a de minimis Third Party Settlers Group;
and
WHEREAS, the final Oak Grove Sanitary Landfill Consent Decree
and Oak Grove Sanitary Landfill site Trust Agreement have been
drafted and found to be an acceptable settlement for the City of
Mounds View, the implementation of the Consent Decree will expedite
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RESOLUTION NO. 4376
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the cleanup and avoid prolonged and complicated litigation between
the PRPs and that the Consent Decree is fair, reasonable,
practicable and in the public interest; and
WHEREAS, the Consent Decree provides the following settlement
provisions:
1. Mounds View's contribution cost to the Remedial Action of the
site will be $26,000
2. The cost to Mounds View for reimbursement for natural resource
damage to the site, $576.14
3. Covenant by the EPA and federal natural resource trustees not
to take administrative action against the settling parties, of
which the City is a member, except in instance(s) of failure to
comply with payment schedule, instances where it is learned
that the City contributed waste materials other than MSW or
contributed MSW to the site in an amount greater than 1% or
contributed disproportionately to the cumulative toxic or other
hazardous effects of the hazardous substances at the site as
compared to other contributions of waste material to the
site.
4. Contribution protection - the City of Mounds View is protected
from contribution claims or action as provided by federal law.
THEREFORE, BE IT RESOLVED THAT the City Council in and for the
City of Mounds View does hereby approve the following:
1. Authorization for the Clerk-Administrator to execute the Amended
and Restated Oak Grove Sanitary Landfill site Trust Fund
Agreement; and
2. Authorization for the Clerk-Administrator to execute the final
form of the Oak Grove Sanitary Landfill Consent Decree; and
3. Authorization of payment of $26,000 from Undesignated Fund
Balance to the U.S. Justice Department Lockbox Bank, CERCLA
#05X8 and U.S.A.O. file #9300067 within 30 days of the entry of
the Consent Decree; and
4. Authorization of payment of $576.14 from Undesignated Fund
Balance to the United States Fish and wildlife Service within 30
days from the entry to the Consent Decree.
RESOLUTION NO. 4376
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BE IT FURTHER RESOLVED THAT the effectiveness of the signature
pages to the Trust Agreement may be revoked should the court
decline to enter the Consent Decree.
(SEAL) :
ATTEST:
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