HomeMy WebLinkAbout1994-06-27 94-305 ORDER_CdvncilAttign_
Date June 27, 1994
Lem Mo.9'305
hemiSublecL Authorizing City Manager to Execute an Agreement with Maine DEP -
LandE111 Closure Cost Reimbursement
Responsible Department Engineering
State Landfill Closure Regulations provide for up to 75% reimbursement of the
e
oats incurred by municipalities for landfill cloy The reimbursement is
subject to availability of funds, which Is dependent upon voter approval of
State bond referendums for this purpose.
Recent Legislative changes to the Landfill Closure Regulations allow for some
municipalities to employ a reduced closure option' method of closing and capping
landfills, which is much less expensive than previously required. If the reduced
closure option is utilized, then cost
reimbursement would drop from 75% to 50%.
Because of the much lower total cost of utilizing this option, the net cost to the
City is still less than previously requited under the former closure/reimbursement
rule. The Kittredge Sued Landfill qualifies for the reduced closure option,. which
will be utilised In closing and capping our landfill.
Even though we will be employing the reduced closure option, a recent DEP decision
provides an opportunity for Bangor to qualify for 75% reimbursement, even if the
reduced closure option is utilized. In order to qu411fy,hovever, the City of
Bangor must execute a closure/reimbursement agreement with DEP prior to July 1,
1994. This Council Order authorizes the City Manager to execute the agreement, so
that we will remain eligible for reimbursement at the 75% rate. Attached ;k .a
copy of the proposed agreement.m., ,_ fF4 d j .dJ
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Aasn<i= ad Information: asq:11! 1,1411111; ;1 111 sl
Level Approval:
Ciiy Saficuor
It d of For
fe first Reading ssess Pana —c.
❑Referral
94-305
AsWb4to Councilor Blanchette June 27, 1994
py CITY OF BANGOR
QITLE.) VY/AYK�t-.-Ruch 1 ivg cicy, Manag to BrecucpanAg eemenc„with Maine...........
REP - Landfill Closure Cost Reimbursement
_.___........ ..-__",_- .................. ......... ........ _.
By the City Coutwil orad Qty of Denver.
TEAT the City Manager 1s hereby autMriaed and directed to execute
an Agreement between the City of Bangor and the State of Maine Department
of Environmental Protection relative to future reimbursement by the State
of Maine to the City of Banger for a portion of the closure costa for the
Kittredge Road Landfill.
IN CITY COUNCIL
June 27, 1994
Paa d
h
CITY CL
94-305
ORDER
Title,
Authorizing City Manager to Execute an
'AgtdMAdt Vith'Mdtnd-DU --- 'Ldddf£ff..
Closure Cost Reimbursement.
................ I............... .....
-a" a.
/nn� A Ped toon,f•�,p
Councilman
96-305
ry a: The municipality of
has already entered into a Closure Grant Agreement with the
State on We are
n the process of 'finalizing
our closure construction Work this 1999 construction season.
The facility is being closed per: (a.)1993 ICAC standards;
(b.) Chapter 901.7 Regulation closure standards, or (c.)
some variation approved by the Department;
c aory 5: The municipal landfill
does not meet the reduced procedure closure criteria for the
reasons enumerated on Attachment #6, "Notification Form'.
Per requirements of 38ARSA, Section 1310-E.3., we await
notification in turn from the Department as to what
reasonable closure standards will be required for the
landfill. Further, we understand that our mu nicipality will
be required to close (capl the landfill on areasonable
timetable after r eipt of further instructions from DEP.
This may mean that the closure work will have to be at least
seartcd during the 1999 construction season. If DEP's
response is delayed, or if additional site investigation
work is first required, then it is understood that the
project will need to be completed next year. The
municipality will continue to be eligible for the present
higher levels of funding provided the landfill is closed on
a reasonable schedule after receipt of instructions from
DEP;
C&tepo,, 6: The municipal landfill
dos not meet reduced closure requirements for the reasons
listed on the attached 'Notification Form'. The State and/or
private consultants have completed partial evaluation work
at the site and either we are
waiting for you to review
investigation reports, or to proceed with additional
investigations. Our understanding is that the State must now
inform us as to the particular closure requirements, or if
additional investigations must first be conducted. All other
requirements of Category 5 apply.
continued on next page
6-C
We the undersigned duly elected municipal officials) of the
municipality of Bangor hereby request that
the DEP consider this Agreement to meet the intent of 38
MtSA, Section 1310-F, for continued State cost sharing at
the higher, current percentage. We understand in signing
this Agreement that there is an expectation that the
schedule for completion of the project will follow the
requirements as listed above. Further, we agree to fund the
project fully at this time, with the expectation that the
State will provide reimbursement at the 75% level as
sufficient funds become available. We understand that if
the Terms and Conditions of this Agreement are not complied
with by the municipality, then the Agreement will become
null and void. '
x
Receipt of this executed Agreement Form by nee shall
automatically be construed to meet the Legislative
definition of a Landfill closing Agreement.
d -D
Legil94A
vaOOM STATE OF MAINE
W EEEfig DEPARTMENT OF ENVIRONMENTAL PROTECTION
�144 of
L Section
AOR-
yei 38 M.R.S.A., 5<etlon 1310 -PF
This AOR-EanmT between the STATE and the municipality Of
Bangorxs hereby entered into on this the_
day of 1994, in order to meet the requirements for
such an Agreement as detailed in legislation approved by the
Governor, April 20, 1994.
(Select the appropriate category below)
category 1: The municipality of has
not yet determined whether its landfill
can be closed using the reduced procedure closure criteria.
Per requirements of 38MRSA, Section 1330-E.3.1 we
will
determine our eligibility and submit the 'Notification Form
(Attachmentp6) to the Department in sufficient time to
allow closure project construction to begin during the 1994
construction season. We understand that the project may
need to be completed next year and that the municipality
will continue to be eligible for the present higher levels
of funding provided the landfill is closed on ar easonble
schedule after receipt of instructions from DEP;
cateaory 3: The City of Bangormnicipal
landfill meets the Reduced Procedure closure criteria as set
forth in 38YRSA, Section 1310-E.2. Signature by the
'municipal officials below comprises notice of our intent,
subject to voter funding approval, to complete the required
closing work as specified in the Reduced Closure Procedure
Guidance Document, no later than October 9, 1994;
Cateaory 3: The municipality of
currently has on file an application with DEP to close the
landfill under current closure Regulations. We plan to begin
construction of the landfill cap as soon as the Department
order of approval is received, during the 1994 construction
season;
4 --
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