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give sixty (60) days prior notice to the Environmental Protection <br /> CONCLUSION I Agency, the State and any alleged violators. <br /> The City of St. Anthony may bring various claims If St. Anthony decides to commence litigation, <br /> for relief against responsible parties for contamination I it would be most efficient and cost effective to intervene <br /> of its groundwater and the loss of its Well No. 3 under federal in the action of the City of New Brighton, rather than commencing <br /> I <br /> and state statutes and common law. St. Anthony must, however, a separate action. <br /> assert its claims for relief under the statutes and common <br /> I <br /> law before the applicable statutes of limitations have run. i BAC:kll <br /> Attachments <br /> A statute of limitations will begin to run from the time <br /> the cause of action accrues, or from the time a plaintiff <br /> discovered or in the exercise of reasonable deligence could <br /> have discovered an injury or damage forming the basis for <br /> a cause of action. Since St. Anthony ceased to use Well <br /> No. 3 in October 1983, it is reasonable to assume that the <br /> statute of limitations began to run at that time, although <br /> a court may find the cause of action to have accrued when <br /> St. Anthony first learned that its wells were contaminated, <br /> namely the summer of 1982. <br /> Based on the statutes and common law claims discussed <br /> above, St. Anthony must give notice of a potential claim <br /> under the Federal Tort Claims Act within two (2) years of <br /> when its cause of action accrued and expect to commence suit <br /> within six (6) months thereafter. Further, before a suit <br /> is filed that includes a claim under RCRA, St. Anthony must <br /> I <br /> i <br /> - 20 - <br /> 21 - <br />