Laserfiche WebLink
Warren W. Schaber <br />July lr 19$5 <br />Page ~ <br />the County may bear any additional costs, pursuant to Minn. <br />Stet. 5115H.04, of such remedial action. <br />Another question frequently posed vn this issue has been <br />Ramsey County's recourse for any clean-up costs they may incur <br />from County funds. It should be noted at the outset that this <br />is an area that would require substantial additional legal <br />research should the County in fact absorb some costs. However, <br />some preliminary comments on this issue can be made. <br />Barring any statute of limitations problems, it would appear <br />that we could .pursue legal action against Northwest Refinery <br />because they were the perpetrators of the problem. It is our <br />understanding that. they are still in business at another <br />location within the Skate of Minnesota. Our recourse against <br />the City of New Brighton, however, is net quite as clear., We <br />could fashion a legal cause of action against them based upon <br />the fact they they were originally ordered by the MPCA to <br />dispose of the material. This, however, would be countered by <br />the County's oral commitment to assume responsibility and would <br />make it difficult to predict the eventual outcome of any <br />litigation. we, again, wish to emphasize that any definitive <br />answers on the issue of recourse would have to be thoroughly <br />researched with emphasis on the particular facts and <br />circumstances giving rise to the potential litigation. <br />In coriclusion, the existence and removal of the petroleum <br />sludge deposits an the park property do present certain legal <br />risks and obligations upon the County which have been discussed <br />above. <br />2. GROUND WATER CONTAMINATION <br />The second environmental issue with legal consequences <br />concerning the park involves the alleged ground water <br />contamination resulting from the Army Ammunition Plant in New <br />Brighton. It is our understanding that several lawsuits have <br />been initiated by private citizens and/or the City of New <br />Brighton against certain companies which used the Arsenal site <br />for alleged contamination of the ground water in the New <br />Brighton area. To the best of our knowledge, Ramsey County is <br />not involved in any of these lawsuits nor have any claims been <br />filed against the County relating to this issue. <br /> <br />