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. . . In response to these concerns, the National Solid Wastes Management Association provided the Falcon Heights commissioners with a memo from the association's general council David Biderman that offered the following points: . Residential households were not originally exempted from Superfund liability but have been since the law was amended in 2002. . Since 1989 it has been the policy of the EP A not to nanle residential generators as potentially responsible parties . There was a case in Connecticut in which 47 homeowners were named as PRPs. (Presumably this was before 1989.) . The 2002 exclusion does not apply if the waste "has contributed significantly or could contribute significantly either individually or in the aggregate to the cost" of cleaning up the site. . Mr. Biderman is not aware of any Superfund cases since 2002 in which a homeowner has been identified as liable. . He also not aware of any Subtitle D landfills that have been identified as Superfund sites since 1993. . Since Subtitle D facilities do not accept industrial waste and are carefully monitored, they are unlikely to become Superfund sites. (11) The memo did not address potential liability not related to the Superfund law. A 1991 study prepared for the Minnesota Pollution Control Agency (made available to the Commission by the haulers) compared toxic pollution risks associated with all methods of solid waste management, including recycling and compo sting. The study found the "regardless of the MSW management alternative chosen, certain levels of risk are involved," even in composting and recycling, which are popularly regarded as safer methods of management. The study noted that the information base is skewed and driven by public controversy and regulatory pressure and hindered by lack of data. It ended with only the broadest and most generic of conclusions, rating waste combustion (incineration) slightly worse than land disposal and compo sting worse than both. (12) Industry Competition and the Public Interest Since 1993, the solid waste industry has sought to become vertically integrated, with the large corporations buying up transfer stations, landfills and recycling processing centers in order to control each part of the waste stream. The landfills available to the smaller local hauling businesses are owned by their large, national competitors. On the other hand, every hauler pays the same tipping rates at the resource recovery plants as these are not (yet) controlled by the major companies. If Falcon Heights could specify that all of its municipal solid waste go to Newport, it would level at least the tipping fee part of the playing field between national and local companies. The only way for the City or for individual residents to set tIns requirement, and to enforce it, is through an organized collection contract; it cannot be done through licensing. City of Falcon Heights Final Report on Organized Collection October 13, 2004 21