1991-07-09 - Laserfiche WebLink

Home Browse Search

I I I Council Meeting Minutes July 9,1991 Page 4 Council Business. continued Council Business EPA's proposed remedy would cost $20 million. Through the course of Donahue's design and negotiations with EPA. a tentative agreement was Oak Grove landfill attained for $6.7 million and includes the costs incurred by EPA and PCA, the landfill cap, and future monitoring. In order to finance Donahue's continued work, each PRP member was recently required to pay an additional $1,000. The PRP group has sued Joseph Egan and Northwest Disposal for contribution towards the $6.7 million. Also. several transporters were called upon to contribute to the $6.7 million. The PRP group will seek contributions by way of a lawsuit from those PRP's who do not sign the consent decree. If the $6.7 million remedy is approved, all PRPs sign, and no amount is recovered from the owner and transporters; then New Brighton's share would be approximately $48.200. The ultimate cost depends upon the number of PRPs signing the decree and contributions from the owner and transporters. New Brighton was also named to the transporters group. The City options are to: 1. Sign the consent decree. 2. Do not sign consent decree. If other PRPs sign, then the City risks being sued by the PRP group for contributions. 3. Do not sign consent decree, and the other PRPs also do not sign, hence no decree. EPA would then order the clean up by its own remedy ($20 million) and sue all parties to recover the full cost. One way which the City could avoid involvement is enactment of legislation to exempt municipalities from liability. Such a bill has been introduced, but it is premature to speculate whether it will be adopted. The other municipalities involved are: Anoka, Circle Pines, Coon Rapids. Blaine, Dayton. St. Francis, Arden Hills, Mounds View Park Department, and Anoka County Park Department. lindall outlined the advantages and disadvantages of the options. The advantages are: 1 . Signing the decree provides a specific dollar liability maximum. 2. Waiving further legal and engineering costs. 3. Being a good citizen. 4. Oak Grove is cleaned up. 5. Taking advantage of the $6.7 million remedy so that EPA does not proceed with their $20 million remedy. Disadvantages are: 1. Sign the decree, but may possibility miss the benefit if legislation is passed.