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in any other litigation related to the same facts. This Inc., Donovan Construction Company of Minneoota, Minnesota memorandum will address generally each of the claims for Mining and Manufacturing Company, Walburn, Ltd., the Minnesota relief brought by the City of New Brighton and any statute Transfer Railway Company, Norton Erickson, Sylvester Bendel, of limitation problems related thereto which the City of Hyme Friedman, and Neal Armstrong. These parties are entities St. Anthony must consider at this time. The pertinent statutes which have either owned the property underlying the TCAAP, are attached to this memorandum. operated the TCAAP, been a tenant on the property or owned CLAIMS FOR RELIEF the Butcher's Spur property or operated a hazardous waste I. FEDERAL LAW CLAIMS facility thereon. The Complaint recites the facts upon which A. Com rehensive Environmental Response, Compensation and Liability Act CERCLA), 42 U.S.C. 9601 the action has been brought, including the contamination et seq. of New Brighton city wells by various hazardous substances, The Complaint states a claim for relief under § allegedly the result of operations at the TCAAP facility 107(a) of the Comprehensive Environmental Response, Compensation and Butcher's Spur. The Complaint includes ten claims for and Liability Act (CERCLA), commonly known as the federal relief and seeks $8 million together with costs, attorneys' Superfund statute. Under § 107 of CERCLA, the owner or operator fees and disbursements, as well as equitable, injunctive of a facility, any person who owned the facility at the time and declaratory relief. hazardous substances were disposed of there, any person who Also attached is a copy of an Order consolidating by a contract agreement or otherwise arranged for the disposal, New Brighton's case with an action filed on behalf of a number treatment or transport for disposal or treatment of a hazardous of individuals living within close proximity to the TCAAP substance to the facility, and any person who accepts or who allege personal injury and property damage as a result accepted any hazardous substance for transport to a disposal of contamination from the TCAAP. facility from which there is now a release or a threatened If the City of St. Anthony decides to commence release of hazardous substances is liable for all costs of its own action or intervene in the action of the City of removal or remedial action incurred by the United States New Brighton, it will be necessary to research in more detail or a State, not inconsistent with the National Contingency the claims brought by New Brighton, which likely would appear Plan, any other necessary response costs that are incurred - 2 - - 3 - t �