Laserfiche WebLink
<br />. <br /> <br />. <br /> <br />. <br /> <br />Arden Hills Council <br /> <br />June 14, 1993 <br /> <br />5 <br /> <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 /> <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 /> <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 />landfill; 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 /> <br />Councilmember Hicks asked what chance there is that <br />continuing defense would cost more than $26,576.14. Filla <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 /> <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 /> <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 />