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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