CCP 03-30-1992 - Laserfiche WebLink

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! i / , /_. AMERICAN COMMUNITIES FO,R CLEANUP EQC!T,Y II 1350 NEW YORK AVE~UE, N.W, SUITE 1100 I · It \ WASHlNdTON, D,C. 20005-4798 .'.1 I: \, - IlLEPHONE (202) 393-3n4 \ ., ,) S t - t b ' ~i~ECOPIgltS (202) 879-40,1 \ / ta emen ry I 202) 879-40 1 \", ' / American Communities for Cleanup Equit~ . ( ------~. , regardlna . I EPA's Draft Interim Municipal Settlement Strttegy [ I : We were both pleased and relieved that the Environmental Protection kgency (EPA) apparer.t1y hM decided to reconfirm i.ts long held conviction that Collil'ess never intended lpcal governments, sm'\ll businesses, or individual citizens to be major contributors at Superfund sites~ Under EPA's draft I~terim Munleipal Settlement StrateS)', generators and transportel'i of munidpalsol'd waste (including b01h garbage and sewage sludge) will be II$ked to pay no more than four percent pf the clel!l1up eo~t6 at! Superfund sites when they settle with the Agency. While this number may s1!1l be far too high in the context of specific cases, it is a dramatic improvement over the "trial balloon" floate? by EPA last Decemb~r or the ext. ravagant Iitiaati,on claims ofindustrial polluters; both of which seek to allreate the lion's share if deanup cosu to local governments. _I ' I As pleased as we are by EPA's maintenance of administrative sanity, nd local government, $m~l business, or citizen who ha-s been sued for sendina garbage or sewage sludgelto a Superfund site cap. yet take comfort that EP A will in fact ride to their reacue. Conspicuously missi~g from the Settle,menti Strategy . is any tangible commitment that the Agency will beiin the arduous job of id~ntifying the intended I _eficiaries of the Stratei}' and neiotiating rapid settlements with them. Unless and untilEP A rdsolves WxY flied llnd threatened laWsuit with a final settlement offering contributi(lln protection. it cannot say it bas solvlHi a problem that threatem the very existence of the Superfund program. : I I , , ' Unfortunately, like a. perverse h.w of thermodynamics. in the absence ot effective.iIW IARis! Ef A s~t1Iements, local governments can expect a counterreaction many times strdnger that EP A's actiort. Ibdustrr is likely to challenge the new Strategy, object to settlements on a. cJe-by.case buis, launc!) a legislative carriPa.lill to overturn the Strategy, and intensify its efforts to radi~ally alter Superfund's liability scheme. I I . 'I Short-term money, after all, has neY~r been industry's only goal in bringlni third-party suits. To the eXtent local officials havo been enlisted to help argue with the Agency for a cjheaper cleanup remedy'_ industry will still be motivated to continue this effort. And to the the extent _hat industry hopes to change the Superfund liability scheme, municipal officials will remain ripe candid:atel!l to be recruited to attack the pJ'oil'&m. Of course. SOme polluters will view EPA's four percent fOtmu]a'as ie. pre-approved rebatd that will now be available without big transaction costs; We can even foresee a significant incrouo in such laWtuit.. I I In sum, nothing in the draft Strategy persuades us to lessen to any degre~ our campaign for imrhediate legislative reJief through the enactment of the Toxic Cleanup Equity and Ae~leratlon Act (S. 1557lmd H~. 3.~6). The continui~ need for legislative reliefboib down to two tbini.. .~or !ocaJ g-overnments and theIr C!tizens. huge transaction casu. unaffordable settlements, and protracted litigation can only be avoided with certainty if the Superfund statute is amended, For everyone co~cerned about good public policy and the environment. EPA will n(lVer be free to spend its limited resolirces OQ expediting c1e~ups · it can stop being distracted by nusiance lawsuits that were never intend~ to be part of the Superfund p'Jl!ress. Once legislation is passed resolving the municipal liability problem, iEPA wllI no longer nebd to ~tep in to protect third-party defendants by reaching Sllttlements in ClUes the ~gency never thought It should _ brini in the first place. 'I i i :