Omaha taxpayers will become liable for cleanup costs at the ASARCO lead refinery property in downtown Omaha if the city takes title to the site or leases it, according to environmental lawyers.

The cost to taxpayers could be in the millions of dollars if toxins buried in the 23-acre site and floating in the groundwater underneath cause damage anytime in the future, the lawyers said.

The Daub administration is incorrect in saying the city can avoid liability by signing an agreement with ASARCO to acquire the property yet have liability remain with ASARCO, lawyers said.

If the city takes title or leases the property, the city assumes liability under federal law, no matter what agreement the city and ASARCO sign, the lawyers said.

None of the legal defenses against assuming liability apply to the city-ASARCO situation, the lawyers added. City officials know the property contains hazardous wastes so if they buy or lease it anyway, the city becomes liable.

Lawyers who handle hazardous waste cases around the country were asked to comment because Mayor Daub repeatedly has claimed the city can own the property, but not be liable for problems caused by toxins in it. Daub is an attorney but has not litigated cases under federal hazardous waste laws.

Over the decades, ASARCO has made millions of dollars at the refinery at 500 Douglas St. while discharging lead, zinc, arsenic and other toxins into the soil, groundwater and Missouri River.

Now, ASARCO is closing the plant. Mayor Daub and ASARCO leaders have proposed that the toxins not be removed from the soil and hauled to a licensed disposal landfill, but remain where they are - covered by a synthetic liner and layers of dirt. Then, the city would take title and develop a grassy public open space atop the buried wastes.

Deep-rooting trees and shrubs could not be planted, because they could penetrate the synthetic liner and possibly release toxins into the public use area.

Daub has said the property would become a park, but environmentalists say it would be a grass-covered toxic waste dump.

Daub has said he wants the city to own the site so city officials can control its use. Environmentalists say that the city can control use of the 23 acres without taking title. ASARCO has said it is willing retain ownership.

In a somewhat similar situation in Tacoma, Wash., Tacoma officials refused to take title to an ASARCO property. The City of Tacoma is managing its use while ASARCO remains the owner.

Omaha environmentalists say Omaha officials should work out a similar arrangement to that in Tacoma. This would guarantee ASARCO stays on the hook for all liability and taxpayers avoid any liability.

The Omaha City Council will decide whether Omaha becomes owner of the property. A decision date remains to be set.

As of this writing, June 5, the Nebraska Department of Environmental Quality was still working on answers to questions of liability and other issues raised at an April 15 public hearing.

Sierra Club members are encouraged to call or write members of the Omaha City Council and Governor Nelson asking them to insure the ASARCO property is properly cleaned up and that the city not take title to the land.