Resolution No. 411620"
RESOLUTION NO. 4116
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
URGING LEGISLATION TO PROTECT CITIES FROM
UNFAIR SUPERFUND LIABILITY
WHEREAS, the City of Cypress strongly supports the cleanup
of hazardous waste sites under Superfund; and
WHEREAS, the City of Cypress 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 has been contaminated by 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 polluters 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;
NOW, THEREFORE, BE IT RESOLVED that the City of Cypress
urges Congress to quickly enact legislation which will:
1. 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;
2. provide expedited settlements for generators or
transporters of municipal waste, allowing such parties
to avoid high transaction costs and to cap their
combined liability at no more than four percent of
total cleanup costs;
3. ensure that local governments will not be liable under
Superfund merely for owning or maintaining a public
right -of -way over which hazardous substances are
transported, or for merely granting a business license
or franchise to a private waste hauler;
4. create incentives to minimize the already small amount
of hazardous substances in the municipal waste stream;
and
5. apply retroactively to all pending administrative or
judicial actions.
PASSED AND ADOPTED by the City Council of the City of
Cypress at a regular meeting held on the 26th day of October,
1992.
MAYOR OF THE CITY OF CYPRESS
ATTEST:
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CITY CLER THE OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
2("
I, DARRELL ESSEX, City Clerk of the City of Cypress, DO
HEREBY CERTIFY that the foregoing Resolution was duly adopted at
a regular meeting of the said City Council held on the 26th day
of October 1992; by the following roll call vote:
AYES: 4 COUNCIL MEMBERS: Bowman, Kerry, Nicholson and Age
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 1 COUNCIL MEMBERS: Partin
(4Z
CITY CLERK 0 THE ¢ITY OF CYPRESS