HomeMy WebLinkAboutresolution.council.040-92 RESOLUTION NO. ~i~
(Series of 1992)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
ENDORSING THE ESTABLISHMENT OF THE SMUGGLER MOUNTAIN SUPERFUND SITE
TECHNICAL ADVISORY COMMITTEE AND EXPRESSING THE SENSE OF CITY
COUNCIL TO ADHERE TO THE FINAL SCIENTIFIC AND MEDICAL CONCLUSIONS
AND RECOMMENDATIONS AS RENDERED THEREBY°
WHEREAS, the United States Environmental Protection Agency
("EPA") has identified and designated an area within the municipal
limits of the City of Aspen known as the Smuggler Mountain
Superfund Site ("Site") as being contaminated with mining wastes
containing high concentrations of lead and cadmium and has
consequently placed the Site on the EPA's National Priorities List
for cleanup and remediatlon under the Comprehensive Environmental
Response, compensation and Liability Act, 42 U.S.C. Section 906,
et seq; and
WHEREAS, a debate has arisen between the EPA and the citizens
of the City of Aspen concerning the necessity, scope and nature
of the remediation plan devised by the EPA for the Site; and
WHEREAS, the science relevant to the threat or potential
threat to human health from lead-contaminated mining wastes has
been evolving and increasing since the EPA originally placed the
Site on the National Priorities List; and
WHEREAS, reasonable and well-informed scientists and lay-
persons can and have disagreed over the threat or potential threat
to human health posed by mine wastes as typically found within the
Site; and
WHEREAS, the EPA, the City of Aspen, and the citizens of the
City of Aspen have agreed to the formation of a Technical Advisory
Committee comprised of nationally recognized scientific and medical
experts to investigate, review and analyze the Site and the threats
or potential threats arising therefrom to human health and safety;
and
WHEREAS, the City Council of the City of Aspen wishes to
express its intent to rely upon the final scientific and medical
findings and recommendations as issued the Technical Advisory
Committee upon the conclusions of its study in the shaping and
formation of future municipal policy and legislation relevant to
the Site; and
WHEREAS, the City Council of the City of Aspen deems the work
of the Technical Advisory Committee to be of the upmost importance
to the public health, safety and welfare of the citizens of the
City of Aspen.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO, AS FOLLOWS:
1. That the City Council does hereby endorse the formation
and composition of the Smuggler Mountain Superfund Site Technical
Advisory Committee.
2o That the City Council does hereby endorse and recognize
the scientific and medical expertise of the Technical Advisory
Committee for the purpose of analyzing and making determinations
regarding the threat or potential threat to human health and public
safety posed by the lead-contaminated mining wastes as located
within the Smuggler Mountain Superfund Site°
3. That the City Council does hereby express its desire and
intention to adhere to and rely upon the final scientific and
medical conclusions and recommendations as issued by the Technical
Advisory Committee in regard to the Council's future formulation
and adoption of municipal policy and legislation applicable to the
Smuggler Mountain Superfund Site and any necessary cleanup and
remediation plan therefor.
RESOLVED, APPROVED AND ADOPTED this /O~L~-~day of
~L~-~ , 1992~ by the City Council for the City of
Aspen, Colorado.
John S. Bennett, Mayor
I, Kathryn S. Koch, duly appointed and acting City Clerk do certify
that the foregoing is a true and accurate copy of that resolution
adopted by the City Council of the City of Aspen, Colorado, at a
meeting held ~ /O , 1992o
Kathryn S. Koch, City Clerk