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