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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