HomeMy WebLinkAbout1990-12-26 91-51 ORDERData 4u 19.969n Item No. 91-51
Item/Subjact: Aetinrizfag City Beni to ante Agro ®st coal lhda with
the Sfate of w:.v, Dept. of &rvim,mn.+al protation_HiA
Responsible Department lel
Commentary:
lids consent agreement and enfoicarert order fs the pmrbut of r g t tlmre
dering the past }air )xdbevasn rep�ttyees of Ube Aigp ard the gyp, with
eistace frnn tFe legal PvTMrioneen• mrcn puri the disposat of and yautl
tangs x ilia Airpai At tie request Of aevazal Co 11 nmivrs at tle
C tt a mftQ,a3]3 itioml lco11goaye has been atkbJ to tha %gematt 1i ting
the City's poteat liability for £fres fn the event of n-n-complfarea with
Aggaaerra¢ teore Else a result of eralitima not sobja to City control. giber
"fore nejase^ Provision Face beers atgeat to by Digir. einfch 1H amvtlfng the
asrxnRton spy of tie Agrseo3R xmrittr , Wo bays not yet xeaived the final
moerdei version.
�prtae�r .a °� Reh;
Manager's comments:
"Y�Ml �o tn+++ut TAaN Wt`^"" I nnPA(b,�4/�A.�gnd'rW. X,ar'r
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AssoAssociated!a
Information: EIAJ , rNmeu.rdunn I{aue " sn"g�� Qe+�n ' GD _"
Eutlget Approval O i
a/w•✓ S� Mn4nee 04eaur
Legal Approval:
cryss uemr
Introduced For
eFlsage
Front Reading Page of
❑ Referral
91-51
Ae ped W Cocnedoc Saxl, December 36, 1990
CITY OF BANGOR
By hke City CevueU of W City OfBaayor:
ORDERED,
THAT
the City nanagar is herby a Char z and tlir ted, on bPYalf of
the City of Bangor, to Carrara an Cora¢ xysveDt and
an£ t Oriar, a cry of which is on file in the offior of the City Clerk,,
with tle State, of Maine Deyartmat of 0rvixwvenUl m..r relatbve to .
rntl gr m petrolamr storage taNra located at BviOor i =..gym ...tet ACrpare,
prowu that the emratimt ccM of said lit shall be axmtled by the
Department of &rvironental [YOta:tbar to =lode the follodng acMitinal
la guage as part of staph 10(S) tleecof:
Forte Maieure p isio : It is specifically c ntarglared by the
parties to this .Agearent that the corvactive actions to be
taken by the City of Bangor as pmaccrcihed in Chia paragraph are
preaently sclrxkled to be unplaiaRal as part of an avbatlan
tank farm: and healing system project to be arlertalrar by the
Exxon Ccagany, 1 , on a basis with the City of
Bangor. It fs agressly agrrad that in the Brent cork M ang,
aspect of the Bangor -Exxon project is delayed beyond any of the
cbm%Rims specifies in this paragraph as a result of a labor
strile, ealkbot,act of oar, act of Cad, natural or other
disaster,-subronteactar, irolveacy or brash of antract, or arty
other event b yo d the direct cot of author the City of
Bangor or IDomn Cagary, BSL, then un such event the City of
Bangr shall rot be liable to pay the penalties stip tw In
paragraph 10(E) of this Ag[earent for the ciuratuon of the eva:t
imer£oring with � of tha Bangor-F]omn project ad for
a reasonable period in
IN CITY COUNCIL
December 26, 1990
Consider next meeting.
q4i„ S -M
—r CITx C—M
IN CITY COUNCIL
January 14, 1991
Can next meeting
TY CLE
IN CITY COUNCIL
February 11, 1991
Passed
3 cpxY gbMRK
91-51
OR D I R
Title,
Order vitb State of Nein Department of MAA
Ytotle//a�t',jJl(�/jBySA ,llMe:B= M�e
Ie......
lA ✓'Awipu�d to
..... ........ .
Cj Inan I
MEMORANDUM
91-51
December 14, 1990
TO: Edward A. Barrett, City Manager
FROM: Erik M. Stumpfel, Asst. City Solicitor
RE: Bangor International Airport/DSP Consent Agreement
Beth Census and Scott Whittier at DEP have reviewed our
proposed amendment to the draft Consent Agreement regarding the
aviation fuel pipeline, and have agreed to include the change.. See
language attached. Scott is currently revising the Agreement and
will send the revised version to us for signature. This will be in
order for final Council approval on December 26th.
Regarding i:mnediate requirements under the Agreement:
- David Pellegrino hue contacted S.W. Cole engineering to
obtain their assistance in designing a hydrogeologic investigation,
as required in the Agreement, paragraph 10(A). Cole is to
coordinate with the Legal Department to prepare a plan for ,
submission to DEP by the December 31st deadline specified in
paragraph 30(A). We will be billed hourly for Cole's services.
The actual work on the hydrogeologic investigation will be put out
for bids after January 1st, for completion by June 1, 1991, as
required in paragraph 30(A).
-- Bob Jarvis and Bob Olesky will be working with Exxon to
produce a revised Oil Spill Prevention and Containment Plan, to be
submitted within 30 days as required in paragraph 30(D) of the
Agreement. We previously submitted a copy of the existing O.S.P.C.
plan in August of this year. That plan was originally prepared in
1982, and was kicked back by DSP for revision in accordance with
their current regulations. In my view, we are in compliance with
the requirement to file a plan under paragraph 11. of the consent
Agreement, which provides for plan review and approval by DBP;
however, to avoid any question we intend to file the revised plan
within the 30 -day deadline.
If there are any other questions by the Council members,
please let me know.
E.K.S.
to
Attachment i
PC: Dave Pellegrino
Bob Jarvis
Ken Gibb
STATE OF MAINE 91_51
daavuexyG DEPARTMENT OF ENVIRONMENTAL PROTECTION
STATE HOUSE STATION n AUGUSTA, MAINE 04333
x
g'
BOARD ORDER
msays,
IN THE NATTER OF
CITY OF BANGOR, MINE ) ADMINISTRATIVE CONSENT
BANGOR INTERNATIONAL AIRPORT ) - AGREEMENT AND
UNDERGROUND OIL STORAGE TANK I ENFORCEMENT ORDER
ACTIVITIES I
Mis Administrative Consent Agreement and Enforcement Order ('Order") by and
Ong the City of Bangor, State of Heine Board of Environmental Protection (the
'Board') and the State of Maine Attorney General is entered into pursuant to 38
M.R.S.A., Section 347 -AL) and in accordance with the Department's Consent
Agreement Policy, as amended. -
Me parties agree as follows:
1. The City of Bangor ows and operates Bangor International Airport
(B.I.A.). The Airportincludes sixteen underground petroleum storage tanks
with capacity for storing 650,000 gallons of aviation fuel. Ten of these
tanks are presently used by the City of Bangor for the marketing and
distribution of aviation fuel. All tanks were installed In 1954.
2. Maine's Oil Discharge Prevention and Pollution Control Law, 30 M.R.S.A.,
Section 564(2) A and B requires collection of daily inventory data and sub-
mittal of an annual statistical inventory analysis (S.I.A.) for each under-
ground storagetank used in the marketing and distribution of petroleum
products. Collection of daily inventory data and annual statistical inven-
tory analysis are used to monitor the fuel distribution system for leaks.
3. Maine's Regulations for the Registration, Installation, Operation and Aban-
comment of Underground Oil Storage Facilities, Chapter 691, Section 50 (1
and 2) requires the collection of daily inventory data and the submittal to
the Department of an annual statistical inventory analysis (S.I.A.) for
each underground storage tank used in the marketing and distribution of pe-
troleum products. S.I.A.'s for tanks located In towns beginning with the
lettere A -L are due by July 1, 1986 and on or before that date annually
thereafter.
4. No daily inventory or annual statistical inventory analysis has been done
for 1986 through 1990 for any of the underground tanks used for marketing
and distribution of aviation fuel and owed and operated by the City of
Bangor. The failure to record, maintain and reconcile daily inventory data
is a violation of 38 M.R.S..A. Section 564.2A and the Department's
regulations. Chapter 591 Section 5.B.I. The failure to perform an annual
statistical inventory analysis for each tank is
aviolation of 39 M.R.S.A.
Section 564.2B and the Department'e regulations, Chapter 691. Section
5.3.2. The City has represented that due to the hydrant design of the
facility, it is impassible to collect daily inventory data and do a
statistical inventory analysis for the underground aviation fuel
distribution system. The City has also represented that due to the hydrant
_2
system design, and size of the tanks the facility cannot be accurately
precision tested to determine if there Is evidence of a possible leak.
Daily inventory reconciliation, annual statistical analysis and precision
testing are
the primary means of detecting leaks from underground storage
facilities as
a contained in Naine's Oil Discharge and Pollution Control Law,
38 M.R.S.A., Section 561 at seq.. and the Department's Regulations for the
Registration, Installation, Operation and Abandonment of Underground 011
Storage Facilities, Chapter 691. Therefore it is necessary to perform
environmental testing in the form of soils and groundwater sampling and
analysis to determine if a discharge of petroleum has accused at B.I.A.
5. Maine's 011 Discharge Prevention and Pollution Control Lew, 38 M.R.S.A.
Section 563-A, requires the ten underground storage tanks and associated
piping owned and operated by the City of Bangor and used for the marketing
and distribution of aviation fuel be abandoned (i.e. removed o abandoned
in place) by October 1, 1992. 38 M.R.S.A. Section 566eA requires
abandonment of the remaining six 50,000 gallon tanks which have beent of
[vice more than 12 months. The Department's regulations, Chapter 691
Section e.Bel, requires tanks which have been out of service for 12 months
be removed within 60 days. The City of Bangor agrees to abandon the
underground tanks by October 1, 1992 but will continue to use the
associated underground piping for the distribution of aviation fuel.
6. on April 19, 1990 Maine's Underground Oil storage Law was amended to
provide the Board of Bovironmental Protection with the authority to
promulgate regulations specific to Airport Hydrant Systems.
Proposed
regulations require existing airport hydrant systems beretrofitted with
leak detection and prevention systems.
y. The Board has regulatory authority over the activities described herein
0. The City of Bangor. Maine expressly waives;
A. Notice of an opportunity for hearing regarding this order;
B. Any and all further procedural steps before the Board regarding this
Omer
C. The making of any Findings of Pact by the Board regarding this Order;
D. it's right to appeal any portion of this Order of the Board entered in
accordance with this Agreement.
9. This Agreement shall not become part of the record unless and until the
Board accepts it.
30. To resolve the violations referred to in paragraphs 0 and 5 and to gain
compliance with the revised regulations, the City of Bengar agrees to the
following;
A. Perform
a Hydrogeologic Investigation; The purposeinvestiga-
tion
this i Liga-
tion io detect and evaluate any petroleum contamination of the area
s
surrounding the underground aviation fuel distribution system. The
investigation shall be planned and directed by a Maine certified hy-
drogeologist or
a Maine certified geologist with expertise in
hydrageoiogy.
The plan for this hydrogeologic investigation must be r wed and
approved by the Department. An outline of the plan must be submitted
for the Department's review by December 31, 1990.
-3 -
The hydmgeologlc investigation moat be completed and the results sub-
mitted to the Department by June 1, 1991. Bay discharge found that be
removed to the Department's satisfaction as stated in 38 NBSA Section
568, and
B. Perform Underground Tank Abandonments: By October 1, 1992 either re-
move or permission from the Department, abandon -in-place all un-
derground petroleum storage tanks Installed prior to 1966. The tanks
used for marketing and distribution of aviation fuel shall be drained
and the interiors inspected for perforations on a yearly basis until
removal.
If the tanks are abandoned in place, the abandonment shall be
performed according to the applicable Department regulations. Soil
and/or water samples shall be collected from the area immediately
surrounding the tanks and tested for the presence of hydrocarbons. A
copy of the results shall be submitted Immediately to the Department.
If the tanks are
removed, the removal shall be performed according to
the applicableDepartmentregulations. Soil and/or water samples
shall be taken from the excavation and tested for the presence of
hydrocarbons. A copy of the results shall be submitted immediately to
the Department. The City of Bangor shall notify the Department In
writing at least 30 days prior to removal so that a representative
from the Department may be present while the tanks are being removed,
and
C. Install Leak Detection/Prevention Systems: Install leak detection and
prevention systems for the underground tanks and piping used for
aviation fuel transfer at B.I.A. in
accordance with the schedule for
retrofitting airport hydrant systems, as adapted by the Board of
Environmental Protection.
D. Prepare an O.S.P.C. Plan: Within 30 days of acceptance of this
agreement submit to the Department for its review and approval, an Oil
Spill Prevention and Clean-up Plan (O.S.P.0 Plan) for aircraft
refueling operations and aviation fuel transfer. The O.S`P.C. Plan
shall be implemented as approved by the Department. Proposed changes
an the plan must be reviewed and approved by the Department.
E. Pay Stipulated Penalties: Notwithstanding the requirements of
Paragraphs A thru D. the City of Bangor shall be liable to pay NETEP
c/o the Groundwater Fund a penalty of one hundred fifty dollars
($150.00) per day for any failure by the City of Bangor to comply with
any time deadlines for the City of Bangor established in this
Agreement. This shall Include any implementation scheduling contained
n plans approved by PEDBP pursuant to paragraphs A th[u D. Penalties
shall be reduced to the extent delays are
occasioned by the City of
Bangor t
challenge to final agency a Stipulated penalties under
this paragraph shall be paid to MEDEPwithin ten (10) days following
receipt of a written demand by NEDEP. Payment shall be made by
certified check made payable to the State of Heine Groundwater Fund.
The stipulated penalties set forth above shall be in addition to any
other remedies or sanctions which may be available to N&TEP by reason
of the City of Bangor's failure to comply with the requirements of
this Agreement.
-5-
D. Prepare an O.S.P.C. Plan, Within 30 days of acceptance of this agreement
by the Board submit to the Department for its'review and approval, an Oil
Spill Prevention and clean-up Plan (O.S.P.C. Plan) for aircraft refueling
operations and aviation fuel transfer. The O.S.P.C. Plan shall be
implemented as approved by the Department. Proposed changes in the plan
moat be reviewed and approved by the Department.
IN WITNESS WHEREOF the parties hereto have executed this Agreement consisting
of pages.
CITY OF BANGOR
Date:
BOARD OF BNVIRONNINTAL PROTECTION
BY' Date,
8. Christopher Llveeay. Chairman
SEEN AND AGREED T0:
STATE OF MAINE
Date:
BDBOBANGOIdjp
RYaF eiY 9,-s,
MAINE
ab9 78 6
oy MAINE Eon
LEGNLe EPHPTM ENT FAX zwnasu,e
Robert E Miller,City Solicits
Eeik M.Swmptel, Aacis4 nlGty Solicitor
December 10, 1990
Beth BeHaas, BE II
Division of Licensing 5 Enforcement
Bureau of Oil a Hazardous Materials Control
Dept. of Environmental Protection
State House Station 17
Augusta, ME 09333
VIA FAX
He: Bangor international Airport Consent Agreement
Bear Beth:
Per our phone conversation this morning, the following i
additional language that the Bangor City Council would propose
inserting in the proposed Administrative Consent Agreement, as part
of paragraph 10(E):
Force Maisons Provision: it is specifically contemplated
by the parties to this Agreement that the corrective actions
to be taken by the City of Bangor as prescribed in this
paragraph are presently scheduled to be implemented as part
of an aviation tank farm and fueling system project to be
undertaken by the Exxon Company, USA, on a cost-sharing
basis with the City of Bangor. It is expressly agreed that
in the event work on any aspect of the Bangor -Exxon project
is delayed beyond any of the deadlines specified in this
paragraph as a result of a labor strike, walk -out, act of
act of God, natural or other disaster, subcontractor
solvency or breach of contract, or any other event beyond
the direct control of either the City of Bangor or Exxon
Company, USA, then insuch event the City of Bangor shall
not be liable to pay the penalties stipulated in paragraph
10(E) of this Agreement for the duration of the event
interfering with completion of the Bangor -Exxon project
and for a reasonable period thereafter.
If this language is satisfactory, I will add it as an addendum
to the Consent Agreement for final consideration by the Bangor City
Council at tonight's regular Council meeting.
SiincJerely,
n
Erik M. Stumpfel
Asst. City Solicitor
EMS/tc
-4-
11. Upon acceptance of this agreement by all parties involved and completion of
the actions described in paragraph 10, the Board and the State of Maine
will release the City of Bangor from the causes of action arising
ing out of
the violation identified in paragraph 4. However, n release is granted
for any oil discharges to or ontamination of any land, groundwater or any
other waters of the State. This agreement shall not prohibit the
Department from requiring corrective action or other remedial measures if
the Department determines such actio is necessary to protect the publlc
health or the environment.
ORDER
Pursuant to 38 M.k.S.A. Section 347-A(1) and the Department's Consent Agreement
Policy, as emended, and based on the Agreement set forth above, the Board
orders the City of Bangor to:
A. Perform a Bydrogeologic Investigation, The purpose of this investigation
is to detect and evaluate any patrols= contamination of the are
surrounding the underground aviation fuel distribution system. The
investigation shall be planned and directed by a Maine certified
hydrogeologist or a Maine certified geologist with expertise in
hydrogeology,
The plan for this hydrogeologiceetigation must be reviewed and approved
by the Department. An outline of the plan must be submitted for the
Department's review by December 31, 1990.
The hyd[ogeologic investigation moat be completed and the results submitted
to the Department by June 1, 1991. Any discharge found must be removed to
the Department's satisfaction an stated in 36 MRSA Section 548, and
B. Perform Underground Tank Abandonments, By October 1, 1992 either remove or,
with permission from the Department, abandon in place all underground
petroleum storage tanks installed prior to 1966. Me tanks used for
marketing and distribution of aviation fuel shall be drained and the
interiors inspected for perforations on a yearly basis until removal.
If the tanks are abandoned in place, the abandonment shall be performed
according to the applicable Department regulations. Soil and/or water
samples shall be collected from the area immediately surrounding the tanks
and tested for the presence of hydrocarbons. A copy of the results shall
be submitted i®ediately to the Department.
If the tanks are removed, the i vat shall be performed • ording to the
applicable Department regulation t
Appendix J. Soil end/orwater samples
shall be taken from the excavation and tested for the presence of
hydrocarbons. A copy of the results shall be submitted immediately to the
Department. The City of Bangor shall notify the Department in writing at
least 30 days prior
tremoval so that a representative from the Department
may be present while thetanks are being removed, and
C. Install Leak Detection/Prevention Systeme: s Install leak detection and
prevention systems for the underground tanks and piping used for aviation
fuel transfer at B.I.A. in accordance with the schedule for retrofitting
airport hydrant systems as adopted by the Board of Environmental
Protection.