HomeMy WebLinkAboutCity Council - 99-38 RESOLUTION NO. 99-38
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
CONCERNING POSSIBLE THREAT OF GROUNDWATER
CONTAMINATION BY METHYL TERTIARY-BUTYL ETHER (MTBE)
WHEREAS,the City of Huntington Beach become concerned about the potential for
contamination of Orange County's drinking water supplies by Methyl Tertiary Butyl Ether(MTBE);
and
WHEREAS,MTBE, a chemical additive in gasoline that ostensibly reduces carbon monoxide
exhaust emissions, may possibly be, although it is not certain at this time,contaminating ground and
surface waters in many parts of California, partly due to leaking underground fuel tanks (LUFTs); and
WHEREAS, the use of MTBE and other oxygenates have increased dramatically in recent
years due to requirements for the oxygenation of fuels imposed upon industry and the public by the
Federal and State governments; and
WHEREAS, the City of Huntington Beach, its residents, property owners, and businesses, have
never been involved in advocating, promoting or requiring the use of oxygentated fuels in general, or
of MTBE in particular; and
WHEREAS, the City of Huntington Beach, its residents,property owners, and businesses,
should not be burdened in any manner with the cost of funding the study or clean up of any
contamination resulting from oxygenated fuels in general, or of MTBE in particular; and
WHEREAS,the cost of study and clean up of possible groundwater contamination resulting
from oxygenated fuels in general, or of MTBE in particular, could lead to significant increases in the
rates charted by water suppliers to residential and business customers; and
WHEREAS, a recent study by the Lawrence Livermore National Laboratory dated June 11,
1998, although not conclusive, suggests that MTBE maybe more mobile in groundwater than certain
other gasoline additives and may be relatively slow to degrade in the environment; and
WHEREAS, a recent study by the University of California dated November 12, 1998, suggests
that the air quality benefits previously postulated from the use of oxygenated fuels in general, or of
MTBE in particular,may have been greatly exaggerated; and
WHEREAS, any contamination resulting from oxygenated fuels in general, or of MTBE in
particular, is clearly the responsibility of those who have advocated,promoted and/or required the use
of oxygenates, such as MTBE, including the Federal and State governments; and
WHEREAS, MTBE could conceivably prove to be a real economic and environmental threat to
future water supplies.
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of
Huntington Beach based upon sound economic and environmental principles, and based upon review
of the Lawrence Livermore National Laboratory and University of California studies, strongly
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recommends the following actions be taken by local, State and Federal officials to immediately address
the MTBE issue.
• Initiate further studies to determine whether MTBE and/or other oxygenates should be banned as
gasoline additives, either now or in the future;
• Immunize from liability and expense arising from MTBE contamination all persons and entities
which did not advocate, promote, or require the use of oxygenates in general, or MTBE in
particular, particularly immunizing cities, including the City of Huntington Beach their residents,
property owners, and businesses (collectively, non-responsible parties);
• Mandate that those responsible for advocating,promoting, and/or requiring the use of oxygenated
fuels in general, and of MTBE in particular, including the State and Federal governments, those
responsible for LUFTs or other releases of MTBE contamination, and organizations which
advocated the imposition of oxygenated fuels requirements (collectively, responsible parties),bear
any and all costs associated with managing MTBE contamination, including research, discovery,
monitoring and clean up, as well as any and all costs for cleaning up MTBE contamination that has
reached drinking water sources,now and in the future;
• Mandate that responsible parties indemnify, defend, and hold harmless non-responsible parties;
• Mandate that responsible parties establish, at their expense, a fund to manage MTBE
contamination in the future, including research, discovery, monitoring, and clean up, so that
existing and future MTBE contamination can be dealt with on an expedited basis;
• Mandate that responsible parties establish, at their expense, a fund to manage MTBE
contamination that has reached drinking water sources, now and in the future;
• Mandate that responsible parties establish, at their expense, a fund to conduct research on MTBE
occurrences, fate and transport, source protection, and treatment technologies, development of
possible alternatives to oxygenates such as MTBE, if necessary, and health effects of oxygenates,
.including MTBE, in,water.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular
meeting thereof held on the 7th day of June 1999.
ATTEST: Mayor
e� APPROVE AS TO FORM:
City Clerk
REVIEWED AND APPROVED: i y Attom y T�l�
. D AND APP OVED:
City AdCinistrator
Director of Public Works
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Res. No. 99-38
STATE OF CALIFORNIA )
COUNTY OF ORANGE } ss:
CITY OF HUNTINGTON BEACH }
I, CONNIE BROCKWAY, the duly elected, qualified City Clerk of
the City of Huntington Beach, and ex-officio Clerk of the City Council of said City,
do hereby certify that the whole number of members of the City Council of the City
of Huntington Beach is seven; that the foregoing resolution was passed and adopted
by the affirmative vote of at least a majority of all the members of said City Council
at a regular meeting thereof held on the 7th day of June, 1999 by the following vote:
AYES: Julien,Bauer, Green, Dettloff, Harman, Sullivan
NOES: None
ABSENT: None (Garofalo—out of the room)
ABSTAIN: None
City Clerk and ex-officio Clerk of the
City Council of the City of Huntington
Beach, California