R-0881-91 RESOLUTION NO. 881-91
A RESOLUTION OF THE MIAMI SHORES VILLAGE
URGING THE CONGRESS AND THE ADMINISTRATION TO
DEVISE A COMPREHENSIVE PUBLIC POLICY SOLUTION
WITH REFERENCE TO SUPERFUND LIABILITY.
WHEREAS, the federal hazardous waste cleanup law, the
Comprehensive Environmental Response, Compensation, and
Liability Act (CERCLA) -- 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" ; and
WHEREAS, Superfund affects virtually every sector of the
economy -- Including businesses of all sizes, local govern-
ments, nonprofit organizations and even Individuals --
Superfund costs can have dire consequences for the economy
and U.S. competitiveness; and
WHEREAS, In the closing hours of the 101st Congress,
Superfund's taxing authority was extended through 1995
without public debate or Congressional hearings; but funda-
mental problems continue to plague Superfund and demand
Immediate Congressional attention ; and
WHEREAS, Superfund's liability has been Identified as a
major cause of wasteful expenditures and unacceptable delays
In cleanup; and
WHEREAS, under Superfund's liability system, local
governments can be held liable for massive Superfund cleanup
costs if they owned or operated the 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 transac-
tion costs to determine liability; and
WHEREAS, with 25% of current Superfund sites Involving
potential local government liability, concern about enormous
financial burdens being Imposed on local governments and tax-
payers Is rising and has caused some local governments to
seek exemptions from Superfund liability; and
WHEREAS, the concerns of local governments 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,
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF
MIAMI SHORES VILLAGE, FLORIDA, that Congress and the Adminis-
tration 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 trans-
action 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?
PASSED and ADOPTED this 21st day of May, 1991 .
Steven J . JjPinsW
Mayor
ATTEST: Village Clerk
By
Scott W. Davis, Deputy Village Clerk
APPROVED AS TO FORM:
William F. Fann, Jr . , VIII ge Attorney.