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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 ..9 ■ mist /acce2 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