Agenda - Council - 09/13/1982 - Special

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I I I I I 26 VISUAL IMPACTS Although buffer zones and landscaping can alleviate some of the negative visual impacts of a sanitary landfill. Local residents have to bear most of the exter- nal costs associated with a visual impact that cannot be reduced or eliminated. Again, a cash payment to the community or residents adjacent to the landfill may be appropriate. LOWERING OF PROPERTY VALUES The value of property near a waste disposal facility and along its haul route may drop as a result of developing the facility. It is difficult to verify this relationship, as it is almost impossible to show that the presence of a waste disposal facility is the only variable responsible for lowering property values. However, any lowering of property values clearly shown to result from a waste facility would be an unfair burden on local property owners in the local community. The screening process used by the counties and Metropolitan Council to estab- lish an inventory of disposal sites identifies potential and real conflicts in land use. These conflicts were considered when landfill sites were selected for inclusion in the inventory. Once the counties select landfill sites for development, a study of property values around the landfills should be done. The study could serve as a basis to determine if compensation is appropriate. If property value guarantees are desirable or necessary, these guarantees could be financed by a contingency fund. UNCERTAIN IMPACTS GROUNDWATER CONTAMINATION A landfill impact likely to cause a host community the most concern is ground- water contamination. Leachate may escape from a facility and threaten the public health or natural resources. Although good design can minimize the potential for groundwater contamination, some risk remains. Who is responsible if wells or a public water supply system near a landfill is contaminated? Who is responsible for the long-term care of the waste disposal facility? Would the owners of the contaminated wells be compensated, and if so, by whom? Under present law, liability for contamination of wells by solid waste disposal facilities, including landfills, is governed by the negligence and nuisance laws. Either kind of law could be used by a property owner to recover damages for contamination of a well. To hold a defendant liable for damages, the owner of the polluted well must prove that the defendant failed to exercise the care required, that the defendant's action or inaction caused the pollution of the well, and the amount of damages. A difficult problem would be establishing whether the landfill operator exer- cised the amount or type of care required. The problem lies in determining a standard against which the operator's procedures and actions would be meas- ured. The standard of care would probably be defined by the use of experts in the field of landfill operations. If the operator has conducted landfill oper- ations in a manner based upon the current state of the art, the operator may not be liable, even if the owner's well is polluted.