HomeMy WebLinkAbout91-169
I
I
I
RESOLUTION NO. 91-169
WHEREAS, the federal hazardous waste cleanup law, the
Comprehensive Environmental Response, Compensation, and Liability
Act (CERCLA) -- known as Superfund -- has been in operation since
1980 but has made little progress in meeting its goal of promptly
cleaning up the nation's most dangerous hazardous waste sites
which the U.S. Senate Budget Committee reported "could be a 30 to
60 year, $500 billion problem."
WHEREAS, Superfund affects virtually every sector of the
economy -- including businesses of all sizes, local governments,
nonprofit organizations and even individuals -- Superfund costs
can have dire consequEmces for the economy and U. S .
competitiveness.
WHEREAS, in the closing hours of the 101st Congress,
Superfund I s taxing authority was extended through 1995 wi.thout
public debate or Congressional hearings; but fundamental problems
continue to plague Superfund and demand immediate Congressional
attention.
WHEREAS, Superfund's liability system has been identified as
a major cause of wasteful expenditures and unacceptable delays in
cleanup.
WHEREAS, under Superfund's liability system, local
governments can be held liable for massive Superfund cleanup
costs if they owned or opE~rated t:he site, contributed waste or
arranged for the shipment of waste to the site and can also be
forced to pay enormous legal fees and other transaction costs to
determine liability.
WHEREAS, with 25% of current Superfund sites involving
potential local government liability, concern about enormous
financial burdens being imposed on local governments and
taxpayers is rising and has caused some local governments to seek
exemptions from Superfund liability.
WHEREAS, the concerns of local government offer only one
example of the impact of Superfund liability and do not address
the impact of Superfund on businesses, nonprofit organizations
and others in the community.
I
I
I
BE IT RESOLVED THAT, Congress and the Administration should
devise a comprehensive public policy solution, beginning with an
immediate, thorough review of the effects of the current
liability system: How have Superfund dollars been spent to date?
How has the liability system worked as a fund raising mechanism?
What are the legal and other transaction costs that are created
by the liability system? How have these costs been absorbed or
passed on by the potentially responsible parties (PRPs)? How has
the adversarial nature of the process affected the cleanup
schedule, the adequacy of cleanup and the community's confidence
in the process?
DATED t,his 3rd day of June, 1991.
MOHAVE COUNTY BOARD OF SUPERVISORS
~'/'. 1 // ~: I
~. ~-<~,:? ~/ ;jI4!-~=- .Icz-<- C7
LO IS ,J. : BBARD, CHAI RMAN
l-~. , .,
of thl3 Board