HomeMy WebLinkAbout1992-163
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RESOLUTION NO. 92-163
RESOLUTION OF THE CITY OF SAN BERNARDINO SUPPORTING EXPEDITED
TRANSFER OF UNCONTAMINATED PARCELS OF LAND ON CLOSED AND CLOSING
MILITARY BASES.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1.
WHEREAS, the City of San Bernardino and other
communities responding to the closure of a military base or bases
need to be able to plan for reuse and redevelopment of the base in
order to retain jobs and economic growth in the community; and
WHEREAS, at least 14 and perhaps as many as 20 military bases
scheduled for closure are Superfund sites, and uncertainty over the
requirements
of the superfund
law may delay the
reuse and
development of these bases for many years unless Congress acts; and
WHEREAS, uncertainty created by the threat of litigation has
made it difficult to obtain financing for redevelopment activities,
and also has the potential to impair the issuance or marketability
of any publicly-issued bonds for financing; and
WHEREAS, there is wide agreement among environmentalists,
public health officials, the Environmental Protection Agency (EPA)
and the Departmento of Defense
(DoD) ,
that it is possible to
transfer uncontaminated parcels of land on military bases on the
continuing
to
protect human health
and the
while
list
NPL
environment and without interfering with ongoing cleanup efforts;
and
WHEREAS, the Comprehensive Environment Response, Compensation
and Liability Act (CERCLA) provides only a partial indemnification
to purchasers of federal property, in its requirement for the
federal government to remediate contamination on real property
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owned by the united states "on which any hazard substance was
stored for one year or more, known to have been released, or
disposed of"; and
WHEREAS, the ability of the federal government to clean up
contaminated federal facilities has been compromised by a lack of
funding and personnel at EPA and the Defense Environmental
Restoration Account, and the EPA and DoD have not demonstrated the
will to move quickly on Superfund cleanups;
NOW, THEREFORE, BE IT RESOLVED, that the Mayor and Common
Council of the City of San Bernardino urges Congress to amend
CERCLA to provide statutory guidance and clarification to DoD, EPA
and communities affected by base closure(s), to aid in the
development of criteria for deciding when a base or a parcel of the
base is sui table for transfer, taking into consideration the
requirements of CERCLA section l20(h), while still ensuring that
all appropriate action has been taken to protect human health and
the environment.
BE IT FURTHER RESOLVED, that the Mayor and Common Council of
the City of San Bernardino urges the Congress to amend CERCLA to
ensure that DoD and EPA work with communities affected by military
base closures to promptly identify clean parcels and to certify
that such parcels are clean and appropriate for transfer, and to
ensure expeditious cleanup actions that are fully protective of
human health and the environment at closing bases.
BE IT FURTHER RESOLVED, that the Mayor and Common Council
urges the Congress to amend CERCLA to indemnify political
subdivisions of states in which a military base is located, and the
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lenders, officers, agents and employees of the political
sUbdivision, against any liability for the release of hazardous
substances resulting from DoD activities at a military base. Such
amendment should also specify that the DoD bears the burden of
proof that is not responsible for contamination found on the site
after transfer.
BE IT FURTHER RESOLVED, that the Mayor and Common Council of
the city of San Bernardino urges the Congress to include in any
such amendments a requirement for adequate notification of and
consultation with the elected officials of the affected local
community, and for the concurrence of those elected officials with
the proposed remedial choices and actions.
BE IT FURTHER RESOLVED, that the Mayor and Common Council of
the City of San Bernardino urges the Congress to include in any
such amendments authority for the affected local government to
manage the cleanup on behalf of the federal government, once the
necessary studies have been done and a Record of Decision signed by
EPA, by contracting with qualified private contractors in order to
facilitate timely cleanup and reuse.
BE IT FURTHER RESOLVED, that the Mayor and Common Council of
the City of San Bernardino urges the Administration to submit, and
the Congress to approve, a budget which allows the government to
meet its obligations under existing and future agreements and which
includes adequate personnel and funding at EPA and DoD to oversee
and carry out all cleanup responsibilities at closed and closing
military bases.
I I I I I
IIIII
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RESOLUTION REGARDING CONTAMINATED FEDERAL PROPERTY. .
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I HEREBY CERTIFY that the foregoing resolution was duly
3 adopted by the Mayor and Common Council of the City of San
4 Bernardino at a
regular meeting thereof, held on the
18th day
5 of
May
, 1992 , by the following vote, to wit:
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7 Councilmembers
8 ESTRADA
9 REILLY
10 HERNANDEZ
11 MAUDSLEY
12 MINOR
13 POPE-LUDLAM
14 MILLER
15
AYES
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NAYS
ABSTAIN
ABSENT
x
x
x
x
x
x
x
4~ '}~
city Clerk
The foregoing resolution is hereby approved this
May ,1992.
7
/dayof
Approved as to form
and legal content:
22 JAMES F. PENMAN
City A~torney
By: U-tr/Vl-"'? J.
U
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