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HomeMy WebLinkAbout2012-08-13 12-263 RESOLVECOUNCIL ACTION Item No. 12-2U Date: August 13, 2012 Item/Subject: RESOLVE, Ratifying Execution of Agreement with Burns & McDonnell Responsible Department: Legal Commentary: On June 5, 2007 a Consent Decree was entered in the case of City of Bangor v. Citizens Communications Company providing for remediation of the coal tar in the Penobscot River. The Consent Decree is overseen by the Maine Department of Environmental Protection (MDEP). The City has completed the first part of the remediation. Given the positive results from the City's actions, a modification of the Consent Decree is appropriate. This should result in less and different remediation than is currently required under the 2007 decree. It is anticipated that this may result in savings to the City of Bangor. Statutory and regulatory requirements for amendment of a Consent Decree require further studies. The original environmental work was done by RMT, lead by Eugene McUnn. Mr. McLinn is now with Burns & McDonnell. Mr. McLinn is most familiar with the situation and the history of the site and has been working for the City since the beginning. The additional studies necessary to warrant the amendment to the Consent Decree need to be done in warmer weather and were done in July. This Resolve, if approved, will ratify the action of the City Manager executing a contract for the work to be done. Manager's Comments: Associated Information: Budget Approval: Legal Approval: Introduced for Passage First Reading Referral Department Head City Manager Finance Director Page _ of _ 12-263 AUGUST 13, 2012 Assigned to Blanchette CITY OF BANGOR (TITLE.) Resolve, Ratifying Execution of Agreement with Burns & McDonnell WHEREAS, On June S, 2007 a Consent Decree was entered in the case of City of Bangor v. Citizens Communications Company providing for the remedy for remediation of the coal tar in the Penobscot River; and WHEREAS, positive results from initial phase of the remediation indicate that a modification of the Consent Decree is appropriate and may result in savings to the City of Bangor by requiring less remediation on the remaining area than is currently required by the 2007 Decree; and WHEREAS, statutory and regulatory requirements for amendment of a Consent Decree require that there be additional studies of the remaining area of contamination; and WHEREAS, the original environmental work was lead by Eugene McLinn of RMT and Mr. McLinn is now with Burns & McDonnell; and WHEREAS, the additional studies necessary to warrant the amendment to the Consent Decree need to be done in warmer weather and were done in July. BY THE CITY COUNCIL OF THE CITY OF BANGOR: BE IT RESOLVED, That the actions of Catherine M. Conlow, City Manager, executing an agreement with Burns & McDonnell to do studies necessary for an amendment of the 207 Consent Decree for remediation of coal tar in the Penobscot River are hereby ratified. IN CITY COUNCIL AUGUST 13, 2012 PASSED CITY CLERK (TITLE,) Assigned to Councilor