Agenda - Council - 01/25/1983 - Laserfiche WebLink

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I I I I I I i I I I I I I I I I I I I METROPOLITAN COUNCIL Suite 300 Metro Sguare Building, St. Paul, Minnesota 55101 M E'M O'R A N D U M January 10, 1983 TO: Compensation and Mitigation Subcommittee FROM: Carl Michaud SUBJECT: Draft Liability Recommendations .There are many potential environmental impacts associated both with mixed muni- cipal solid waste and sludge ash landfills. Many of these impacts can be reduced with proper planning and design and construction of the landfill. These mitigative measures have come into place as a result of stricter federal and state laws to protect air, water and land resources. One of the most "serious prob'16ms wi'th'l~ndfills 'is the~p6tential for groundwater~contamina- tion.' All owners of sOlid waste disposal facilities in Minnesota must obtain a permit from the Minnesota Pollution Control Agency (MPCA).'i The MPCA evalUates each permit application for new landfills to ensUre compliance with state law. For'the new landfills, the potential pollution problems will be 'lessened by a combination of engineering techniques, including a liner and leachate collec- tion system, methane gas vents and storm water runoff 'system. Monitoring wells are installed around the site to indicate as an early warning syst~n that a pollution problem is occurring. Nevertheless, despite the protective measures required by the MPCA, problems may occur of these disposal facilities in the future. The landfills used by the Region's households for refuse disposal today lack the environmental controls, liners and leachate collection systems, that will be present on the new landfi)ls. There are already known pol.lution problems at a few of these landfills. The responsibility for cOrrecting these problems' should fall upon the landfill owners/openators.' · ~ ~-~...~.. Pu§lic comments heard by the Council and the advisory-Committee'during!the,i .. siting process indicated that people want immediate relief for problems as ithey occur. Under existing state law, money for clean-up costs is not easily-or' readily accessible. The plaintiff, in suing for damages'caused by the pollution, may find that litigation may take several years before the issue.is resolved. In addition, the plaintiff may be unable to meet the burden of proof is required to support an award of monetary damages. . Consequently~ Minnesota needs a'ComPensation fu~d to proVide immediate relief '~ to persons affected.by pollutiOn from landfills. This means that the affected' citizen or community is assured that the state will take appropriate action or - provide relief of the problem immediately after it is identified.- In addition, ' the fund would provide the appropriate state agency, MPCA, the necessary monies'. to take remedial actions once the problem is identified and evaluated, without having to wait for the courts to obtain payment from the responsible.party. ·