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43 <br />STAFF REPORT <br />DATE: June 2, 1997 <br />TO: Michael J. Mornson, City Manager <br />FROM: Kim Moore - Sykes, Management Assistant <br />ITEM: Schnitzer Update <br />Apparently there is new legislation which outlines the cost recovery process for state <br />superfund sites is awaiting the Governor's signature. If the bill (H.F. 2150) is signed, it <br />will be effective July 1, 1997. <br />Common Counsel feels since this statutory framework for de minimis settlements is not <br />yet effective, the MPCA has no current authority to continue with their de minimis <br />settlements. When they called Jocelyn Olson of the Attorney General's Office, she <br />indicated this pending legislation does not apply to the Schnitzer site. <br />Because the attorneys received no response from Commissioner Larson, they sent a draft of <br />the Group's complaint to the MPCA and Commissioner Larson, with a letter indicating <br />that if the state's recovery action is not stayed by Thursday, May 29th, they will file the <br />complaint with the U.S. District Court on Friday afternoon. The intent of providing the <br />state with a draft of the complaint is to slow down the recovery process so that those truly <br />responsible for the contamination of the site can be determined and notified. <br />I have sent copies of these documents to Mark Kaster, Dorsey & Whitney. <br />