Loading...
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 U11 Mas O%�IXL4/�a��/�+eLLY�d,+�ykPlxn�(� P,Q�,®('��I OOOM'^ .1G.pnyML city m"Mr,nnn^n 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.