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I '1 I I I I I I I I I I I I ! I I I Erika $itz (Continued) - Ail these things have to be done and it is nati, a ~plus that you are gaining anything. What are you buying in t~!~a~reement? There really isn't much in it for the City of Ramsey~. First, liability indemnification -- and it's just indemn~ftication, it's not any transfer because that can't happen under SuPer Fund. Why does Ramsey have liability now? In the Super ~u~d law, it is either the owner, the operator, the transporter or the generator; we are not the latter and we are currently not the o~e~ or operator. Unless we buy ourselves a landfill, we are mot ~n that chain of liability. I don't know why we want to buy a ila~dfill; why don't we just drop that suit against Anoka. Anoka lis. lin the chain of liability now; they are the owner and they.do ~ave a municipal cap so there is a limit to their liabil!itM and most of the liability will probably end up with the opera~or.! Are you buying any remedial action that you would not get e~$e~here? PCA can and will force remedial action if it is nece~iar~ and they are really not required by any law to ask Waste ~a~agement Incorporated if they can fill it with garbage in o~derilto make the remedial action pay, which is wha~ this agreemen~ seems to say. PCA has acted in that manner zn other cases land there is no reason that they would not act in the same way here iand require the necessary remedial action. As far as environmental improvements, if you are going to make contour impr°V~m~nts on the North side for water infiltration as part of a~em~dial action, you can do that with dirt -- you do not have to extend the landfill in order to make better contours. Why a=~n'!t we worried about the slope on the West side; that lo~k~iPr~tty steep. Bringing in the parent company, Waste Management Incorporated, for $15,000,000 - the way this part of t~~ c~ntract is written, it almost looks like that's a cap on w~at Ra~sey can ask for. Currently, Waste Management Inc. has ~ c~p; there is a cap for municipalities. Waste Mangement Inc., ith~ parent company being brought in, in addition to Waste Management of Minnesota -- in other actions in which remedial action! has been required by PCA, if there is a parent company they~canlbe traced back; You are not gaining anything you will not get t~der law now. The fifty year guarantee has a disclaimer whichi~sa~s nothing contained herein shall shall be a waiver of the t~rm~natzon of liability of permit holder with respect to cloSe=e, ipost closure and environmental response or costs associated therewith at such time as the permit holder is not liabi~ u~der any Federal, State or County law or ordinance for close, e, ipost closure or environmental response or costs associated therewith. The disclaimer says once there is another law they are m~t liable under, they are out from under this agreement. In th~ W~ste Management Act amendments that passed this year, ther~ ~a~ a 20 years after proper closure/post closure and finameial responsibility according to rules the PCA is goingltoipromulgate; so 50 years may not be 50 years. The environm~ntal improvements, the liner and those things that are being~re~uired -- PCA has told the County in 1981, during the siting P~ocess, that any Anoka County Landfill, particularly thi~ One~ would have to have all this great technology. The moneY!lin!the agreement, compensation dollars -- Metro Council will,be ~eeking legislation for money to compensate communities tha~i~os~ waste facilities, as it was recommended in a report prep~ed~Ifor them by their Advisory Council which contained Council/P & Z ~ Public Hearing ~i ~ii Page 14 of 23