HomeMy WebLinkAbout2005-06-27 05-230 ORDERRem No. 05-230
Pate: 06-27-05
item/Subject Order, AuthOdzing the Ory Manager W Execute the Wed Slte/HOWS Corner Superfund
Site Tolling Agreement and Plymouth Site Tolling Escrow Memorandum
Responsible Paparbnent Legal
The purpose of this Order is to authorize the City Manager to execute a tolling agreement with
the United States Environmental Protection Agency to show the Joint Defense Group to continue
negotiating and implement the final remedy at this superfund site. Otherwise, EPA will have to
formally file suit against the City hand all other PRPs) to comply with the statute of limitations.
The Finance Committee recommended approval at its June 20, 2005, meeting
Department Head
ManageesC nments:
Recommend approval. Please see attached memo from John Hamer Por additional information.
2b
City Manager
Associated Informadon: Memo
Budget Approval:
Finance Director
Legal Apprwnl:
C Solicitor
Introduced for
X Passage
_ Find Reading Page _ of
Referral
Aaigned to Councilor Treadle S®e 27, 3005
CITY OF BANGOR
(TITLE.) ORDER, Authorizing the City Mareger to Execute the West Site/Hows Corner
Superfund Site Tolling Agreement and Plymouth Site Tolling Escrow
Memorandum
By Bre City CbwH/ Of CRY ofaingon
ORDERED, THAT
The City Manager is hereby authorized to execute the West Site/Howl Comer
Superfund Site Tolling Agreement with the United States Environmental
Protection Agency and the Plymouth Site Tolling Escrow Memorandum with
Pierce Atwood, as escrow agent for the Joint Defense Group, in relation to the
Hows Corner, Plymouth superfund site negotiations. These documents shall be
approved by the City Sollcitor or Assistant City Solicitor.
IA CIn caonclL
UJUM) nee6oxizinc the City Manager to
]Dnecute the Meat Site/9wz Cotner SuP¢fuod
Siee Tolling 9¢reement and Pl➢ th Site
Tolling Macros Meaorandm
Assigned to Councilor nY Mew//�i�A
U�'1�"�"
0s-230.
•75,11,
To:
Straws Committee
From:
John E. Hamer, Assistant City Solidim
Subtest
Tolling Agreement with USEPA for the flows Comer Site
Date:
20 June 2005
The City of Bangor is a Potentially Reaponnble Party (PRP) for a superfund site Imated N
Plymouth, Mome, and has been part of me Joint Disburse Group Nat has hem negotiating with
She U.B. EnvhpnmMml Protetion Agenry and Maine Department of Endmranantl Protection
since 1998.
Currently, the PRP Group is negotiating Ne choice of the final remedy foe the on-site pollution.
recall, EPA issued an interim cord of deChimn m 2002 that created two ares for
has Part mar re
OU2, w which
out. weft,, represents Ne noire the oared Ipnvntd by migrated grounawat.l are
OU2, decision
nforOrepresents the sours¢ edea [where the oil contaminants were on, the
Willed]. The
Interim dccisionf OUlrequireand monis containmentage; the nommensidMGropisCrently eminating
the funineamety for Ocontrols, and monitoringOf sthe site: Usech PRP Groupiseu.r ¢negotiating
Ne! fund remedy tilt then which the Group hopes to have chosen by rte# year. The design and
implementation will Nen follow.)
Ed June 10, 2005, EPA sent to me City hard all other PRPs) a letter making it )and Nem) to meacute
a rolling spearmint t allow EPA to wntlnue negotiating the feel remedy. A mlting agreement is
ewes ary because the statute of timittion runs in September 2005, se, EPA needs Ne PRPs to
agree to island the a d use of graittions or it will he fired to formally file, suit It is to the qty's
hand PRP Group's) benVt to avoid EPA's formally Shop suit as continuing the negotiations gives
the Group Ne opportunity to assist in the tMice of the Brest remedy and implement the chosen
remedies with leas east man If UBEPA Implemented Ne remedies. While part of this tolling
agreement requires Ne Group to repay URA'a oversight costs ofapprowm rmly 5545,000. EPA can
recover three coxa hen Ne PRFs as part of a formal suit, an agreeing to pay theses cost deed not
plate Ne Group in any worse prides while small litigation deet.
The tolling agreement will only he accepted by EPA gat least 36 PRP¢ representing 37,000 galore
of wast partidpat. The PAP Group has therefore drafted an eacfow agreement to allow the PRP
Group to retain each PRP'a signature page until this threshold has been met. If it u not met, the
signature pages will be remand and no PRP will toll the statute of limitations- "a ensures that
Ne Oversight mats and mat dttmeNation are shared by a substantial group of PRPs.
Consequently, staff that this Committee recommend that Ne Cooing author@¢ the
City Manager N execute the West Sit/Homos Como- Superfund Site Tolling Agreement and
Plymouth She Tolling Escrow Memorandum.
JEH
OC: Bangor City Coming
Ed Barrett, City Manager
Noncan Heitmaten, City Sofintr
Deborah Cyr, Fiturres Director
27
roduce a coat of $2500 to that would not be
does the woM.
In summary, )r ate that BHE ie Me best option for untlertaking
this work as ha en a several limes before, and request approval to
M