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HomeMy WebLinkAbout2004-04-12 04-118 ORDERItem No. 04-I18
Date: 04-12-04
Item/Subject ORDER, Authorizing the City Manager to Settle a Complaint and Compliance Order,
RCRA-1-2003-0042 with the Environmental Protection Agency
Responsible Department: Legal
Commentary:
Late last year, EPA filed an administrative erSorcement action against the City for violations of
RCRA at several City fari]ities. Since then, the City has implemented all EPA's rewmmmdadons
and has negotiated with the EPA to bring the matter to closure.
This Order soil authorize the City Manager to enter into a settlement vnth EPA an this matter
earn the understanding that the City vall continue to negotiate with the EPA regarding a
supplemental environmental project.
By a 3-2 vote, the FSrmnce Committee recommended approval of this item at its April 5, 2004
meeting.
Department Head
Manager's Comments:
We will schedule an exeative session on Monday prior W the Council meeting to ming the full Council
up to date on the status of aur discussions with EPA.
(CIOty Manager PSL.
Introduced for
X Passage
_ Fest Reading Page _ of
Referral
E AssigncdmCasrdl« eaaivginv AP:11 12, 20%
CITY OF BANGOR
(nnE.) ORDER, Authorizing the City Manager b Settle a Complaint and Compliance Order,
RCRA-1-20034042 wiN the Environmental Protection Agency.
ORDERED, THAT
Edward A. Banat4 City Manager, is hereby authorized on behalf a the Pry of Bangor, to settle the
Complaint and Compliance Oder, RCPA-1-2003-0092, Man the Envimnrnentzl Pmtecdun Awe and
directs staff to continue negoteUng a supplemental envimmnental project as an element of this
settlement. The Flnal settlement doroments, including the supplemental environmental project, shall Be
approved by the City Solicitor orlosis+tant City Solicitor.
IN CITY COUNCIL
April 12, 20M
Motion, Made and Seconded
to Footsore until the Nett
Regularly Scheduled Cauncil
Meeting (06/26/2006
Postponed
x ©.eaR
IN CITY COUNCIL
April 26, 20M
Marine Made and seconded
for Passage
Request by Councilor Palmer
for a 0011 Call Vote
Vote: 6 yea. 2 no.
1 starer
Councilors voting yes:
Caebaell. D'Urrlco. Farrington.
Grarvlck, Nealley 6 Tremble
Councilor sating ca: mien A
Palmer
Couveilor absent: Grooms
Payee --'—
T4
O1VEA
(TITLE,) Authorising the City Manager to
Settle a Complaint avd Com iavca Order.
RCRA-1_-2003-00¢2 with the malromeacal
Assigned Is Councilor
MEMORANDUM
To:
Finence Committee
From:
John K. Hamer, Assistant City Solicitor
Subject:
EPA RCRA Matter
Date:
5 April 2004
In August 2001, EPA inspected public works, BIA, motor pool, and air fuel facility for
Resource Conservation and Recovery Act (RCRA( compliance. On the basis of this
Inspection, EPA filed a seven count administrative complaint against the City m
September 2003. The majority of the complaints involved issues of employee training
in hazardous waste handling and disposal; maintaining records on hazardous waste
identification, handling and disposal; and appropriate storage of such wastes. Since
then, the City has implemented all EPA's RCRA recommendations and has negotiated
with me EPA to bring the matter to closure.
A major component to a settlement will be the City's involvement in a supplemental
enouronorcentai project, funded by the settlement The supplemental environmental
project has not yet been firWvxd. Discussions are on-going with EPA regarding
potential projects such as the possibility of using the funds to convert the City's motor
vehicle fleet to bio -diesel fuel for two to five years (depending upon when the funding
runs out, at which time the City would evaluate the program and decide whether to
continue(. As you may know, bio -diesel fuel bums cleaner than standard diesel fuel
and has the potential to significantly reduce vehicle emissions.
Staff recommends authorizing the City Manager to enter into a settlement with EPA with
the understanding that the City will continue to negotiate with the EPA to include a
possible supplemental environmental project as a part of the agreement Any costa
sessomand with the settlement will be allocated between the City and Bangor mternatiorml
Airport based on the complaints associated with each operation involved.
J104
Cc: Bangor Qty Council
Ed Barlett, City Manager
Norman Hohmann, City Solicitor
Deborah Cyr, Finance Director