CCP 03-30-1992 - Laserfiche WebLink

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vI-I' I L.?I '''''il.c:~t::L.. Ci IYICUlAtiML!.J ; ~-.4-B2 : 17:19 : , 2023832666-+ 612 784 3844:# 2 , ! ~~ I I , AMERICAN COMMUNITIES FdR CLEA~UP EQUITY . . 'JlO NEW YORK AT"" N.W" '0'" 1I00 WASHIN rON, D.C. 20005-4798 \- ./ ITEL,PHONE (202) 393-3ir MEMORANDUM jTSLECOP1ERS (202) &79-40 1 (202) 879-40 1 " ,- I ' ""~J."" I ! TO; ACCE Members and Friends I I FROM: Spieiel &. McDiarmid Team I I I DATE: March 24,1992 I RE: EPA Settlement Strategy and Cost Allocation Formula I I I We bave received a bootlegged copy of the upcoming EPA 1nt;m Municipal Settlerrlent Strategy' which will almost certainly.be published by the Ai;ncy for c mment within the ne)(~ few weeks. We are both pleased and reheved to report that the double d~lta' formula floated br EPA A1JsIstant Adrninisttatpr Don Clay this past December, which could ha,Ve resulted in allocatidIli as high as 65 percent of tot a.! cleanup costs, hI\! been replaced by a 'unit tost" approach assignitlgfuur . . percent of total costs to municipal solid waste (MSW) generators and ransportersf (MSW i~c1udes both garbage and sowage sludge.)i I Thll draft Interim Strategy effectively destroys the arguments m~e by industrial PRPs ~cros9 the Country that local governments should pay anywhere from 30 to 90!percent of total cleam,lp costs. In cases where the only motivation to sue is to recover large SLljS, it should provide a I meaningful disincentive to bring lawsuits against local governments, S i all businesses, and ot*"rs who genera.ted or transported MSW, I I We can all take pride in the very successful work we did to achleye this result, some 16 i months alter ACCE was founded. In many ways, the draft Interim Strttegy is oUr most concrbte victory to date, even compared with the introduction of legislation last ,ummer. We have I significantly influenced a major EPA policy, and the result, thouah har~ly perfect, is far kind~r to us than it is to indu9try. Not only will the Interim Strategy discredit. once land for all. the outrag~ous 'theories" of the industrial community, if handled correctly, we hope it :will support our legisl*ive efforts by confirming once again that the expert agency charged with i~plementing Superfunq does not believe garbage and sewage sludge generators and transporters sifcantly contributed tt:> the probloms that Superfund is designed to address. i While we hope you will savor this hard-won victory, like all Davi4s, we must eXpect Goliath to flabt back. Two weeks ago, leadini industry representatives met with :qon Clay and informecJ him that if rumors of Bingle digit percentages Were true, there would be an Wa.1I out war: Industry ~1I4 already rushed to the White House to kill the draft Strategy. If that effhrt is unsuccesaful. we i <<redict that industry will file a lawsuit challenging the guidance and wil) attempt to obstruct q\.ery settlement neaotiatlld in accordance with it. While the Strategy shouldldeter lawsuits brought to ' collect big bucks, as we have seen at site after site. indll3tri&l PRPa ofte~ bring third party suit~ for a whole slew of rea.sons that ha.ve nothing to do with money. Also. if locaJ governm&nts and o~ers reach fOr their checkbooks to pay the fOUr percent the minute it is demLlded of thern. the gui~ance could prove a tOol to achieve and not a block on further extortion. i i__