HomeMy WebLinkAboutMINUTES - 06281994 - 1.107 TO: BOARD OF SUPERVISORS
FROM: Victor J. Westman, County Counsel
By: Silvano B. Marchesi, Asst County Counsel
DATE: June 23, 1994
SUBJECT: Superfund Reauthorization Bill Support
SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
AUTHORIZE Chairperson, Board of Supervisors, to send letter of
support for Superfund Reauthorization Bill to appropriate national
representatives.
FISCAL IMPACT
None
BACKGROUND/REASONS FOR RECOMMENDATIONS
The American Communities For Cleanup Equity ("ACCE") has issued a
legislative alert, urging local public agencies in California to
support the Superfund Reauthorization Bill and to oppose a proposed
amendment. The City of Walnut Creek has asked the County to
support ACCE's request, and is writing a letter of support. The
Bill is supported by a broad coalition of local agency associations
and includes the following provisions:
1. Liability for generating, arranging, or transporting
municipal solid waste or sewer sludge to a superfund site is
limited to 10%.
2 . Government agencies are exempt from liability based on
ownership of roads or issuance of business licenses or permits to
haulers.
3 . Liability of municipalities that owned or operated sites
is limited under an "ability to pay" test.
Important votes on the Bill are coming up in the next few weeks.
Further, Senator Smith (R-NH) has proposed an amendment that would
largely eliminate the above benefits to local agencies..
The attached information from ACCE includes talking points for
Congressional contacts as well as a draft letter.
CONTINUED ON ATTACHMENT: R YES SIGNATURE .
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RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S) :
ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A
UNANIMOUS (ABSENT TRUE AND CORRECT COPY OF AN
AYES: NOES: ACTION TAKEN AND ENTERED ON THE
ABSENT: ABSTAIN: MINUTES OF THE BOARD OF
SUPERVISORS ON THE DATE SHOWN.
oriq: County Counsel ATTESTED 1,, .2-9 , ) 9 IN
cc: County Administrator PHIL BA CHELOR, 6LERK OF
Val Alexeeff, Dir. , GMEDA THE BOARD OF SUPERVISORS
AND COUNTY ADMINISTRATOR
BY �P � 1� 0 a , DEPUTY
CONTACT: Silvano Marches-i . 646-2054
[Date]
The Honorable
Re: Superfund Reauthorization and Municipal Liability
Dear XX:
On behalf of the citizens of Contra Costa County, I am writing about one of our most
urgent federal legislative priorities: passage of meaningful Superfund reauthorization this
year. Specifically, Congress is now considering the Superfund reauthorization bill, and I
urge you to take a leadership role in: (1) opposing measures that would weaken the relief
for municipalities already provided in the bill, and (2) ensuring that the bill moves swiftly
through the legislative process and becomes law this year.
I am deeply concerned that if Superfund is not reauthorized in this session of
Congress, it will become harder and harder for municipalities to fight off those who are
suing us unfairly. Cities and counties should not be hit with exorbitant costs merely for
disposing of our citizens' trash or for owning waste sites as a public service. We need rapid
settlements in line with our true responsibility. And as the "host communities" for all
Superfund sites, municipalities have a vital interest in expediting cleanup and ensuring that it
is done well. If Superfund is not reauthorized in time, it will run out of money, jeopardizing
cleanups in each of these host communities.
I know that an unprecedented consensus on Superfund reform has already been
reached through intense negotiations among traditional adversaries, and I understand that the
House Energy and Commerce Committee, the Public Works and Transportation Committee,
and the Ways and Means Committee have already voted to approve the pending
reauthorization bill (H. 3800). In the Senate, the Environment & Public Works Committee
has reported out the companion bill (S. 1834), which now has been referred to the Finance
Committee.
Unfortunately, I have also learned that amendments have been proposed that would
weaken the relief provided to municipalities that helped dispose of their citizens' household
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waste. I urge you to vote against any amendment that would weaken the municipal liability
provisions.
The time has come to move decisively. I sincerely hope you and your colleagues will
take immediate action to help ensure that Superfund is reauthorized this year and that
meaningful relief for local governments remains in the final legislation.
Sincerely,
Tom Powers, Chair
Board of Supervisors
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[Date]
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bcc: American Communities for Cleanup Equity