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<br /> . Arden Hills Council 5 June 14. 1993 <br /> Filla stated that records show that the City hauled only <br /> four loads of municipal solid waste to Oak Grove Landfill, <br /> two loads marked as trees and shrubs and two loads unmarked. <br /> He added that the hauling vendor would testify that all <br /> loads contained only trees and shrubs, and therefore. the <br /> City contributed no hazardous materials to the landfill. <br /> Filla explained that the decision before Council is whether <br /> it is more economical for the City to participate in the <br /> proposed settlement. at a settlement cost to the City of <br /> $26.576.14, or continue legal defense, which may cost the <br /> City more than $26,576.14. <br /> Councilmember Hicks asked how the EPA arrived at the <br /> $26,576.14 figure, and what the City has spent thus far in <br /> this matter. Filla explained that many contributors were <br /> named in this lawsuit, some of which were municipal units of <br /> government; each municipal unit of government was reviewed <br /> to determine their individual level of contribution to the <br /> 1 andfi 11 ; the EPA arrived at a total amount for landfill <br /> clean up responsibility by all the municipal units of <br /> . government and divided that total amount amongst the <br /> individual municipal units proportionately according to <br /> their level of contribution. Administrator Person reported <br /> that the only cost incurred thus far is staff time for <br /> research and a few thousand dollars in legal fees. <br /> Councilmember Hicks asked what chance there is that <br /> continuing defense would cost more than $26,576.14. Fi 11 a <br /> explained that there is no way of predicting potential legal <br /> costs because it is not known to what extent the City would <br /> be named in lawsuits brought by other parties. He stated <br /> that the City has already been named in at least one suit. <br /> Filla added that the significant difference between <br /> participating in the settlement or continuing defense is the <br /> protection contained in federal statutes. <br /> Filla commented that the Council can view the proposed <br /> settlement as a high price to pay when the City does not <br /> believe it contributed in any way to the hazardous waste <br /> found at Oak Grove Landfill, or it can view it as protection <br /> against further suit at about $3.00 per resident. <br /> Councilmember Aplikowski stated her opinion that since the <br /> City of Arden Hills is quite sure they are innocent of any <br /> wrongdoing or any hazardous contribution to the landfill, <br /> . the City should not participate in the settlement. <br /> -- - <br />