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2009-8
A RESOLUTION
AUTHORIZING A JOINT DEFENSE AND CONFIDENTIALITY AGREEMENT AND A COST-SHARING AGREEMENT WITH THE CITY AND COUNTY OF DENVER, WASTE MANAGEMENT OF COLORADO, INC., CHEMICAL WASTE MANAGEMENT, INC. AND OTHER POTENTIALLY RESPONSIBLE PARTIES CONCERNING THE ASSESSMENT OF POSSIBLE NATURAL RESOURCES DAMAGES CAUSED BY THE LOWRY LANDFILL
WHEREAS, the City of Lakewood (the "City") is the successor-in-interest to the former South Lakewood Sanitation District and the Lakewood Board of Water and Sewer Commissioners, which operated the South Lakewood Wastewater Treatment Plant within the City; and
WHEREAS, some sewage sludge from the former South Lakewood Wastewater Treatment Plant was taken to the Lowry Landfill located in Arapahoe County, Colorado; and
WHEREAS, the owners and operators of the Lowry Landfill have been notified by the Colorado Attorney General and the Executive Directors of the Department of Public Health and Environment and the Department of Natural Resources of the State of Colorado (collectively, the "Co-Trustees") of possible claims for damages to natural resources ("NRDs") caused by the Landfill, including the costs of assessing the damages; and
WHEREAS, as a former generator of sewage sludge disposed at the Lowry Landfill site, the City is considered a potentially responsible party for any NRDs determined to exist, and could be subjected to contribution claims by the owners and operators of the Landfill; and
WHEREAS, the nature of the relationships between the owners and operators of the Landfill and generators/transporters of materials to the Landfill makes it likely that the defense of any claims asserted by the Co-Trustees will present legal and factual issues in common to the parties, thus warranting the sharing of costs and joint efforts in preparation for a potential common defense; and
WHEREAS, the City Council desires to enter into one agreement with other potentially
responsible parties to share the initial costs of assessing any NRD damages
at the Lowry Landfill, and a second agreement to share information in confidence
for their common purpose of resolving any NRD claims; and
WHEREAS, by entering into a joint defense and confidentiality agreement and a cost-sharing agreement, the City is not admitting to liability for any NRDs at the Lowry Landfill nor is the City waiving the right to assert any defense to liability, and pursuant to the terms of the agreement the City is free to withdraw from the joint defense and confidentiality arrangement at any time.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Lakewood, Colorado, that:
SECTION 1. The City Manager is hereby authorized to execute, and the City Clerk to attest, a Joint Defense and Confidentiality Agreement and a Cost-Sharing Agreement with the City and County of Denver, Waste Management of Colorado, Inc., Chemical Waste Management, Inc., and any other potentially responsible parties, regarding the assessment and defense of natural resources damages claims which have been or may be asserted by the Co-Trustees, both such agreements in forms approved by the City Attorney.
INTRODUCED, READ AND ADOPTED by a vote of 9 For and 0 Against (Councilwoman Karen Kellen and Councilman Tom Quinn recused themselves) at a regular meeting of the City Council on February 9, 2009, at 7 o'clock p.m. at the Lakewood Civic Center, 480 South Allison Parkway, Lakewood, Colorado.
Bob Murphy, Mayor
ATTEST:
Margy Greer, City Clerk
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