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TO: Roseville City Council GREENS EXPEL MEMORANDUM PROFESSIONAL LY.MITED LIABILITV PARTNERSHIP SNITS 1200 . 200 SOUTH SIXTH STREET MINNEAPOLIS, MINNESOTA 55402 (1) 373-0830 FAX (1 373 -0929 PRIVILEGED AND CONFIDENTIAL FROM: Barry D. Espel, Greene -spel. PL LP DATE December 17, 2007' R-E: Environmental Cost e ove Introduction We have been requested to prepare, for the benefit of the Roseville City Council, an introductory summary describing the process by which the City could attempt to have current and/or previous property owners pay for any environmental contamination that they may have caused in the Roseville Twin Lakes Redevelopment Area. The principal available options include various statutory or common lave claims that can support private cost recovery,. declaratory rell f or i junct.i e relief. In some circumstances . federal . or state agencies will take steps to mandate response actions by private parties. The following memorandum will outline the various alternatives. ff a Under the Res -ource C on ser at ion and Recovery Act CRC RX' , 4 2 U. S. C. § § 6971, et seq., the City could pursue injunctive belief (riot cost recovery) against past or current generators operators who contributed to environmental problems. Under 42 U.S.C. § 2 a 1 , "and' person may commerce a civil action on his own behalf against any personr. including any past or present generator ... or past or present owner or operator of a treatment, storage, or disposal f crlity, who has c ontribute l ... to the past or present. handling , storage, treatment, transportation, or disposal of any solid or hazardous waste which may present an immi rent and substantial endangerment to health or the environment,'' RCA allows injunctive relief to compel the past or present owner or operator to cease disposal or to tape such other action as may be necessary. This is not a. cost recovery remedy. However, courts can order responsible persons to pay future response costs.