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CCP 06-28-1993
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CCP 06-28-1993
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<br /> ---- -.--.-- <br /> Arden Hills Council 4 June 14, 1993 . <br /> Referring to his June 3, 1993 letter, he explained that <br /> entering into the Trust Agreement would provide: <br /> 1. That Arden Hills would not be admitting liability by <br /> signing the Trust Agreement; <br /> 2. That Arden Hills would waive any rights to sue other <br /> settling parties and would receive a,similar waiver of <br /> claim in return; <br /> 3, That Arden Hills would agree to make a settlement <br /> payment pursuant to the terms of the Consent Decree; <br /> and <br /> 4. That Arden Hills would not be entitled to any <br /> distribution from Trust assets, if any exist, when the <br /> Trust is terminated, <br /> He added that entering into the Consent Decree would <br /> provide: <br /> 1. That current data indicates Arden Hills hauled less <br /> than 5,000 cubic yards of municipal solid waste to the <br /> site and is therefore considered a de minimus settling . <br /> third. party defendant; <br /> 2 . That the "de minimus" classification is necessary in <br /> order to obtain contribution protection from the United <br /> states Government; <br /> 3. That the United states Environmental Protection Agency, <br /> based upon current data, has no intention of suing the <br /> City of Arden Hills; <br /> 4. That the City of Arden Hills would make a settlement <br /> payment of $26,000 to the United states Environmental <br /> Protection Agency in the following manner: <br /> A. $15,000 plus interest within 30 days of the entry <br /> of the Decree, and <br /> B. $11,000 plus interest within one year of the entry <br /> of the Decree; <br /> 5 . That the City of Arden Hills would make a settlement <br /> payment to the United States Fish and Wildlife Service <br /> in the amount of $576.14 within thirty days of the <br /> entry of the Decree; <br /> 6. That the de minimus party contribution protection <br /> contained in federal statutes would apply to the City <br /> of Arden Hills; and <br /> 7. That Arden Hills would not be admitting liability by <br /> signing the Consent Decree. <br /> In summary, Filla stated that, by participating in the . <br /> settlement, the City would make an agreement with the EPA <br /> that Arden Hills would not be sued by the EPA and no other <br /> parties involved in the matter could sue the City. <br />
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