HomeMy Public PortalAbout91-154 (10-01-91)RESOLUTION NO. 91 -154
A RESOLUTION OF THE.CITY COUNCIL OF THE
CITY OF LYNWOOD URGING CONGRESS TO ENACT
THE TOXIC CLEANUP EQUITY AND ACCELERATION ACT
WHEREAS, the City of Lynwood strongly supports the
cleanup of hazardous waste sites under Superfund; and
WHEREAS, the City of Lynwood has a duty and
responsibility to protect the public health of its citizens and
it fulfills this obligation, in part, by arranging for the
disposal of municipal waste; and
WHEREAS, EPA estimates that approximately 20
percent of the sites on the Superfund National Priorities List
are landfills where municipal waste is mixed with industrial
hazardous waste; and
WHEREAS, the intent of Superfund is to have the
polluter, not the taxpayer, pay for the cleanup of hazardous
waste sites; and
WHEREAS, corporate defendants at Superfund sites,
in search of "deep pockets" to shoulder their liability burden,
have begun to sue local governments arguing that they should be
responsible for the lion's share of cleanup costs at municipal
sites; and
WHEREAS, EPA recognizes that municipal solid waste
contains only insignificant amounts of hazardous constituents and
in its Superfund Interim Municipal Settlement Policy provides
that EPA will identify local governments as potentially
responsible parties at hazardous waste sites only in ei;ceptional
circumstances; and
WHEREAS, the Interim Municipal Settlement Policy
nevertheless leaves local governments vulnerable to overreaching
lawsuits by private parties for cost recovery and contribution
under Superfund;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
LYNWOOD DOES RESOLVE AS FOLLOWS:
SECTION 1: That the City Council urges Congress
to enact the Toxic Cleanup Equity and Acceleration Act, S 1557
and HR 3026 which will:
A. prohibit private polluters from bringing
Superfund contribution actions against local governments or
others for the disposal of ordinary municipal waste, including
both garbage and sewage sludge;
B. codify EPA's policy of not suing municipalities
or other persons who merely generated or transported municipal
waste, unless specifically defined "truly exceptional
circumstances" exist;
' C. provide expedited settlements for local
governmental generators or transporters of municipal waste, and
require such settlements to allocate cleanup costs on the basis
of toxicity rather than the volume of the municipal waste;
D. ensure that local governments will not be
liable under Superfund merely for owning or maintaining a public
right -of -way, such as a road or sewage pipeline, over which
hazardous substances are transported; and
E. apply retroactively to all pending
administrative judicial actions.
PASSED, APPROVED'AND ADOPTED this 1st day of
October , 1991
ROBERT HENNING, OR
City of Lynwood
EST:
Andrea L. Hooper, City Clerk
APPROVED AS TO CONTENT:
Michael Heriot
City Manager
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STATE OF CALIFORNIA )
as.
COUNTY OF LOS ANGELES )
I, the undersigned, City Clerk of the City of Lynwood,
do hereby certify that the above and foregoing resolution was
duly adopted by the City Council of said City at a regular
meeting thereof held in the City Hall of the City on the 1st
day of October , 1991, and passed by the following vote:
AYES: COUNCILMEMBERS HEINE, REA, RICHARDS, WELLS, HENNING
NOES: NONE
ABSENT: NONE
City Clerk, City of L nwood
STATE OF CALIFORNIA )
) ss.
COUNTY OF LOS ANGELES )
I, the undersigned, City Clerk of the City of Lynwood,
and Clerk of the City Council of said City, do hereby certify
that the above and foregoing is a full, true and correct copy of
Resolution No. 91 -154 on file in my office and that
said resolution was adopted on the date and by the vote therein
stated. Dated this 2nd day of October , 1991.
A a
City Clerk, City of Ly wood
C10-877