HomeMy WebLinkAbout2007-08-13 07-261 ORDERItem"°' 07 261
Date: 8-13-07
Item/Subject: Order, Authorizing the City Manager to Execute the West Ste/Howl Comer SuperfuM
Site Tolling Agreement and Plymouth Site Tolling Escrow Memorandum
Responsible DepaMmeM: Legal
Commenbrin
The City of Bangor 6 a potentially Responsible Party (PRP) fora superfund site located In Plymouth,
Maine, and has been part of the Joint Defense 13oup that has been negotiating with the U.S.
Environmental Protection Agency and Maine Department of Environmental Protection since 1998.
Currently, the PRP Group is negotiating the design of the final remedial action. This spring, EPA
sent the PRPs a special notice letter requesting a good -faith offer to implement the remedial design.
The process, however, has been delayed due W recent legislation that will provide state funding for
certain clean-up costs, from which the City will receive significant benefit Consequently, EPA has
requestetl that the PRPs execute another Wiling agreement, similar to the one the City executed in
June 2005, to give the parties the opportunity W set up a program to implement the legislation.
Without a tolling agreement, the statute of limitations, as extended by Me first tolling agreement,
will expire on September 20, 2007; as a result, EPA needs the PM W agree W further exWnd the
statute of limitations or it will be forced to formallyfile suit.
The tolling agreements are m0ected from the PRN via an Escrow Agreement W ensure that a
sufficient number of PRN censent W k as expelled. Once the minimum threshold has been met,
the tolling agreements are forwarded to EPA.
This Order Will authorize the City Manager W ezemW a rolling agreement with EPA W manual EPA's
deadline W file sutt in the Haws Corner Supedund matter and to execute an escrow agreement for
the collection of the Wiling agreements from Me various PRPs W ensure adequate PRP partidpation.
The finance CommiUe l recomme bled approval at its August 6, 2007, meeting
Department Head!
AssociateU Information:
gutlget Approval:
Rn ce0lredor
x Passage
_ First Reading Pege _ o/_
Referral
67 261
r Assignedlocouucgor slauchette August la. 2007
6 CITY OF BANGOR
(MLE.) ORDER, Authorizing the City Manager to Exealte the West Site/Howl Comer
Superfuntl Site Tolling Agreement and Plymouth Site Tolling Escrow
Memorandum
By the C &y Chun rY of Me Ery ofEa/gw:
ORDERED, THAT
The City Manager is hereby authorized to execute a second West Site/Hows Corner
Superfund Site Tolling Agreement with the united States Environmental Protection
Agency and the Plymouth Site Tolling Escrow Memorandum In relation to the Mows
Corner, Plymouth superfund site negothations. These dowmerms shall be in a form
approved by the City Solicitor or Assistant City Solicitor.
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•ta T. u a Agreement and plr tb Site
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Tolling Escrow Memorandum
AedeaW roCoomgor.
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