2009_0720_Packet - Laserfiche WebLink

Home

The fir�st ste�ps in any �ormal program to compel others� ta addre�ss contamination include the faElowing: 1: An environmental consultant s�ould be engaged to examine available reports with the specific charge of identifying a: Reasonable and necessary response actioras associated with imminent and substantial threats or releases, and b. Responsible persons, past and present (viabie or no�). c. Without checking with any consultanis, but based upon the general nature af tY�e e�is�ting available reports, we anticipate that the costs for �is analysis would be in the $20-$40,Q00 range. 2. An attorney sk�ould be engaged io evaluate the viability of any speci�ic claims against identified res�onsible persons. In general, the casts associaied w�th this analysis r�vauld be in the $15-3p,400 range.. 3. The attorney and consultant should work with the City to develop a plan relating to a. A specific plan to identify any work thai the Ciry co�siders necessary and reasonable under applicable environmental standards, including a tirr�etable and rafiionale for when the steps need to be taken; b. A plan far cominunications with the MPCA {or, less �ikely, the E�'A) to see if the MPCA will prompt actions by the responsible persons or will a�thorize the Ciry to take any response acCions with anticipated cost recovery; c. Ensuring that any steps taken in which the City wo�ld advanc� costs would comply with tihe NCP to ensure eligibiiity for cost recovery; d. Attending to an� notices to EPA, the State and responsible parties i�' any injunctive relief is contemplatec� under RCRA. e. It is premature to estimate costs associated with the costs of w�r1c or i�nplementation of this plan. 'T'hese costs could be better identified in c�iulection with the work that is outlined in steps 1 and 2. As noted above, it is possible t�at the costs incurred in connection with this work wou�d be recoverable from responsible parties. Hovvever, this would depend upon a valid showing that �oten�i�ally responsible parties� have caused or contribut�d to past or o�ng�ing relea�es of hazardous wastes or hazardous rnaterials and that the relief proposed is consis�er�t wiih one or �nore of the applicable statutes that allow such recoveries.