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 Placing the burden of the external costs of landfills upon the waste generator will encourage them to reduce their wastes. Therefore, the compensation fund should be financed by the generators of solid waste. A uniform measurement should be used 'as the basis for financin~ this fund. In addition to the compensation fund, the state or counties should require all landfill owners and operators to provide additional financial guarantees including but not limited to insurance~ bonding, etc to ensure that potential Problems will be taken care of. during the landf~l"l's op'erat'ion~ cl'osure or postclosure. If a compensation fund is established~ the vast majority of the fund should be reserved for past~ existing and future solid waste landfills. The MPCA should develop a plan or procedure on how the state will handle'problems at landfills where liability is easily assigned or owners or operators cannot be found. The compensation fund and financial guarantees would provide a systematic approach to resolving problems from landfills and assuring immediate relief to those affected people and communities.. The state'would litigate against the Polluter to recover-compensatio~ to pay. ,for damagaes.and remedial actions. The state s'hould enact, by statute, a stan- dard of liability, to assure it is reasonably able to recover compensation from the defendant. The state must also decide how long an owner is liable for a facility, after closure. A percentage'of the contingency fund should be reserved to cover postclosure care and monitoring if the state assumes liability for a facility some time after it closes. SA6681-PHENV1 1/10/83