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

Home

I I I I i I I i I I I I I I I I I I may occur. Appendix A identifies' those states that have contingency or compensation funds and the particulars about those funds. The Legisla- ture should place a limit or cap on the total amount of money in the fund. Once the fund reaches the designated level, the financing of the fund would end. Financing of the fund would resume if claims against the · fund deplete it to a designated level. Public comments have been made that this fund is unnecessary because the state's Environmental Response and Liability Act (otherwise known as Superfund) would cover releases from solid waste landfills. On the con- trary, the Environmental Response and Liability Act only provides compen- sation for damages resulting from releases of hazardous substances. It does not provide compensation for releases of pollutants or contaminants that would be expected from a sanitary landfill. Therefore, a fund is needed to provide compensation for damages resulting from releases of pollutants or contaminants coming from or related to an environmental incident from a landfill or other solid waste facility. The fund would · compensate for repairing or replacing damages to natural resources; real or personal property; personal injuries or disease, including medical expenses and loss of income; providing alternative water supply systems; and MPCA costs to clean up or remedy the problem, including its costs to design, construct, install, operate, monitor or maintain any device or activity deemed necessary to protect the public health and safety. Placing the burden of the external costs of landfills upon waste gener- .ators will encourage them to reduce their wastes. Therefore, the compen- sation fund should be financed by the generators of solid waste, that is, municipal refuse destined for land disposal. A uniform measurement, such as a charge per unit of solid waste, should be the basis for financing this fund. In addition to the compensation fund, the state or metropolitan counties should require all solid waste facility owners/operators to provide appropriate supplemental financial guarantees, including but not limited to insurance, self-insurance, trust funds, surety bonds, escrow accounts to ensure that potential problems will be remedied during the landfill's or other solid waste facilities' operation, when it is closed and after closure. The MPCA should also be empowered to reduce the payment of the fee to the solid Waste Environmental Compensation Fund for the operator of any solid waste facility that provides appropriate financial guaran- tees regarding the above. The MPCA should develop a plan or procedure for handling problems at aban- doned dumps where liability is not easily assigned or where owners or operators cannot be found. The compensation fund and financial guaran- tees would provide a systematic approach to resolving problems from land- fills and assuring immediate relief to those affected people and communities. In turn, the state would litigate against the polluter to recover compen- sation to pay for damages and remedial actions. The state should ensure that there is adequate legal authority to seek the recovery and reim- bursement of monies expended from the parties responsible for the environmental incident.