Agenda - Council - 10/25/1983 - Laserfiche WebLink

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I I I I I I I I I I I I I I I I I RECOMMEND_AT ~ON~S All recommendations in this report apply to new and existing solid waste facilities unless specified otherwise. The Legislature should establish a segregated state or Metropolitan Area Solid Waste Environmental Compensation Fund to provide immediate relief to persons or local units of government within the Metropolitan Area injured or damaged by adverse environmental inci- dents caused by solid waste facilities including landfills, resource recovery facilities and transfer stations. The fund should be structured to contain permanently approximately $5 million for use within the Metropolitan Area.. The fund should be exclusively used to provide compensation for injuries and damages of the following types attributable to these environmental incidents: Real or personall property damage; providing alternative water supply systems; restoring or replacing natural resources; personal injuries, including medical expenses and loss of income; and the cost to design, construct, install, operate and maintain any device or activity determined to be necessary by.the Minnesota Pollution Control Agency {MPCA) to clean up, remedy, monitor or analyze any threat to the public°s health, safety or welfare. An administrative mechanism should be provided to enable the immedi- ate payment of the cost Of replacing a polluted water supply follow- ing the receipt of an individual claim and a determination by the MPCA that the drinking water supply is contaminated and that the contamination is probably attributable to a waste facility. The fund should be financed by a tax on all solid waste destined for land disposal and an enforceable uniform tax mechanism should be devised to ensure the equitable application and payment of the tax. Fund proceeds should not be used to pay for costs, damages and injuries associated with the release of hazardous substances covered by the Environmental Response, Compennsation and Compliance Fund established pursuant to Minn. Stat. 115B.20. Fund proceeds should be used for the above purposes only if money from other sources is determined by the MPCA to be unavailable at the necessary time or insufficient to satisfy identified needs. The MPCA should seek reimbursement of all money spent from the fund. The state should ensure there is adequate legal authority to seek recovery of money spent from the parties responsible for the environmental incident. The MPCA or metropolitan counties should require solid waste facil~ ity owners/operators to provide appropriate financial guarantees during their operation and for a reasonable period follow,!ng closure. Such guQrantees would ensure payment of costS, injuries or damages incident to the ownership, operation, closure and post-