Agenda - Council - 09/13/1982 - Special

Home

I I I I I I I '1 I I I I I I I I I I I 31 Long-term liability for nonsudden occurrences is also necessary. Existing taws covering long-term liability issues are inadequate for today's problems. The landfill owner or operator could be held strictly liable for groundwater pollution or other problems that may occur after a landfill has been closed. Federal law requires that funds be available to close hazardous waste disposal facilities and to monitor and maintain them after closures. Federal law also requires liability coverage for injuries to people and property that results from the operation of hazardous waste management facilities. Although the magnitude of the potential public health or environmental pollution threat from sanitary landfills is not as great as it is for hazardous waste facilities, funds should be made available to closely monitor and maintain sanitary land- fills and to investigate potential groundwater pollution problems. Federal law requires an owner or operator of a hazardous waste disposal facil- ity to establish financial assurance to close the landfill and provide at least 30 years of postclosure care. The dollar amount required in the fund is based upon the postclosure plan submitted by the owner or operators prior to receiv- ing an EPA permit. The plan must estimate the costs (adjusted for inflation) of closing the facility and monitoring and maintaining it. The federal law allows an owner/operator to establish a trust fund, surety bonds, letters of credit, financial strength tests or a combination of these. Some type of long- liability insurance for sudden accidents and nonsudden accidents should be provided by the facility owner or operator for sanitary landfills. State legislation is necessary to require insurance to cover liabilities by owners or operators of sanitary landfills.