HomeMy Public PortalAboutResolution 90-30211
1
RESOLUTION NO. 90 -3021
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMPLE CITY, SUPPORTING MUNICIPAL LIABIL-
ITY UNDER SUPERFUND
WHEREAS, cities strongly support the clean up of hazardous
waste sites under Superfund; and
WHEREAS, cities have a duty and responsibility to protect
the public health of their citizens and they fulfill this obliga-
tion, 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 they 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 par-
ties at hazardous waste sites only in exceptional circumstances;
and
WHEREAS, the Interim Municipal Settlement Policy neverthe-
less leaves local governments vulnerable to overreaching lawsuits
by private parties for cost recovery and contribution under
Superfund;
NOW, 'FIER.EFJRE, BE IT RESOLVED that the City Council of
Temple City urges Congress to adopt legislation that:
SECTION 1. Reauthorizes Superfund at an adequate funding
level so that cleanup of existing hazardous waste disposal sites
can continue;
SECTION 2. Eliminates local government liability under
Superfund for the disposal of ordinary municipal waste;
SECTION 3. Provides expedited de minimis settlements for
hazardous material generated by local government operations;
RESOLUTION NO. 90 -3021
Page 2
SECTION 4. Allocation costs of the basis of the toxicity
rather than the volume of the municipal waste; and
SECTION 5. Strengthens local governments ability to protect
and restore the environment by recovering costs for damages to
natural resources.
PASSED, APPROVED AND ADOPTED on December 18th, 1990.
Mayor 4oea-e-
I, hereby certify that the foregoing Resolution, Resolution
No. 90 -3021 was duly adopted by the City Council of the City of
Temple City at a regular meeting held on the 18th day of Decem-
ber, 1990 by the following vote:
AYES:
NOES:
ABSENT:
Councilmember - Froehle, McGowan, Wilson, Breazeal
Councilmember -None
Councilmember- Manning
1
1
1