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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 V ' G:Y 4fc-5m 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 -- Serving Maine People & Protecting Their Environment Pw+ FAX mneIMQX F "�Ilm n:: ..(mnml.w can Mian Puor n