Laserfiche WebLink
<br />. <br /> <br />Arden Hills Council <br /> <br />4 <br /> <br />June 14, 1993 <br /> <br />Referring to his June 3, 1993 letter, he explained that <br />entering into the Trust Agreement would provide: <br /> <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 /> <br />He added that entering into the Consent Decree would <br />provide: <br /> <br />1. <br /> <br />. <br /> <br />. <br /> <br />2. <br /> <br />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 />That the "de minimus" classification is necessary in <br />order to obtain contribution protection from the united <br />states Government; <br />That the united states Environmental Protection Agency, <br />based upon current data, has no intention of suing the <br />City of Arden Hills; <br />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 />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 />That the de minimus party contribution protection <br />contained in federal statutes would apply to the City <br />of Arden Hills; and <br />That Arden Hills would not be admitting liability by <br />signing the Consent Decree. <br /> <br />3. <br /> <br />4. <br /> <br />5. <br /> <br />6. <br /> <br />7. <br /> <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 />