HomeMy WebLinkAbout2009-10-26 09-323 RESOLVECOUNCIL ACTION
Item No. 39 323
Date: October 26, 2009
Item/Subject: Resolve, Ratification of Execution of Consent Decree — Hows Corner,
Plymouth, Maine Superfund Site
Responsible Department: Legal
Commentary:
From 1965 through 1980, George West operated a waste oil and transfer facility known as
Portland Bangor Waste Oil (PBWO) in Plymouth, Maine and three other locations. PBWO
allegedly obtained waste oils from around the state that it stored in eight above ground storage
tanks in Plymouth. Some of the waste oil came from the City. The City was served with
Notification of Potential Liability by the United States Environmental Protection Agency (EPA) in
connection with EPA's efforts to clean up the site in 1998. The City is among approximately 500
potentially responsible parties (PRPs).
This Resolve will ratify the execution of a Consent Decree with the EPA. The Consent Decree
provides the terms for the final remedy at the site. Important to the City is that the Consent
Decree provides the future amount due from the settling parties, including the City, will be paid
from proceeds from a sale of bonds by FAME. The City's estimated payment, which will be paid
by FAME, is $527,628.00 to $565,315.76.
The Consent Decree deals with past, present, and future liability. The United States (EPA)
agrees not to sue for past response costs, future EPA costs, future oversight costs, and Natural
Resource Damages. Each PRP who signs the Decree is protected from suit by the United States
for present liability.
The Finance Committee recommended approval at its October 19, 2009 meeting.
Manager's Comments:
Associated Information:
Budget Approval:
Legal Approval:
Introduced for
X Passage
First Reading
Department Head
Page _of_
Finance Director
City Solicitor
u9 323
Assigned to Councilor - Bronson October 26, 2009
CITY OF BANGOR
(TITLE.) Resolve, Ratification of Execution of Consent Decree — Hows Corner, Plymouth, Maine
Superfund Site
BY THE CITY COUNCIL OF THE CITY OF BANGOR:
BE IT RESOLVED,
That the actions of Edward A. Barrett, City Manager, of executing and delivering a Consent Decree in the
matter of the Hows Corner, Plymouth Maine Superfund sit are hereby ratified and affirmed.
IN CITY COUNCIL
October 26, 2009
Motion Made and Seconded for Passage
Passed
#.09-194
RESOLVE
(TITLE, RAti f cat ion of FXerll i nn of
Consent Decree = flows Corner Plymouth
Maine Superfund ire
Assigned to Councilor