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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