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HomeMy WebLinkAbout1990 Ordinance No. 007) ORDINANCE NO. '7 SERIES OF 1990T BY AIJl'HORITY CXlUNCll, BILL NO. 4 INl'ROllOCED BY COIJNCll, MEl-1BER HATHAWAY AN OODINANCE APPROVl:~ CONSEITT ;,GREENEN'!' WITH THE COLORADO DEPAR'll1ENT OF KFALTli CN TrlE CCffi'AMINATED OOn.5 FOUl!D AT 2350 SOUT"rl RARITAN. WHEREAS, soils in an d around 2350 Sout.'1 Raritan v.are found to be L',ntaminated by high levels of l ead curing the City's Pwing District 33 project; and WHEREAS, the Colorado Departirent of Health was ootified by the City of e.'1 is contamination; and h'HERE!\S, the Colorado TJepart,rent of Health and City of Englewood have corre to an agreement concerning cleanup of this site ; HOi~, THEREFORE, BB IT ORD.'lmED BY THE CITY CXXJNC ll, OF TliE CITY OF EN,Lf!omD , COLORIIOO, THAT: 9 (k ) Sectio,. 1. 11 .. : C-cmsent Agreement between the City of Englewood and the State of c o1,::1,:.:, : .. ;,,;ttrent c f Health for cleanup of the cont,.,,..inated sit e at 2350 South :·•arit ~ is hereby approved , a copy c f which Agree-.rer.t is attachr as Ev.-11.bii.: A. I ntroduced, read in full, and passed on first reading on the 15th day of January, 1990 . Published as a Bill for an Ordinance on the 25th day of January, 199 0 . Read by ti'cle and passed on final reading on the 5th day o f February, 1990. Puhl· shed by title as Orc.i.na~ce !lo. of February, 1990. aL~~-~ Patricia H. Cra,,, City Clerk 7-, Se ries of 19 90, on the 8th day ~~-✓-'~ I, Patricia H. Cra,,, City Clerk of the City of Englewood, Colorado, hereby certify that the foregoinc;, i s a true copy of the Ordinance passed on final reading and published by •1Lle as Ordinance No. -J_, series of 1990. ~a.xi-~ Patricia H. Cra,, 1:!1::FORE THE HAZARDOOS MATERIJ\LS /\.>ID \·11\STE M.>.!lAGD-lENT DIVISICU DEPI\R'll-lrNT OF HE/\LTH, STATE OF COWRI\DO IN THE MI\TI'ER OF T'r!E CI'l"i OF ENGLE.1-o:JD nus Consent Agreerrent (Agreerrent) is e,.1tered into ~ the Colorado DepartJrent of Health (CllH), pursuant to its authority under the Colorado Hazardous Waste /\ct Section 25-15-301 to 313, C.R.S. (l9C9) "CHWA" a'ld the City of Englewcod (Engle-.iood). CllH and Englewood may be referred to collectively as the Parties. ~'T OF PURPOSE 'Ole mu t ual objectives of CllH .an I Englewood in entering into this Agree::ent are : l. To establish requirerrents for the investigation of, and raredial action for, the 1<aste found on and about public streets near the fonrer Rerrelt Metals Fad lity. 2. To establish requirerrents for the inpler.entation of an investigation and re:edial action fer h e waste consistent with Oil~. F=INGS OF FACT CllH ma);es the following findings o1 fact: 3. n>e City of Englewood is engaged in repair and constru...-tion of p.,blic roadways on Wesley Avenue near 2350 south Raritan Street. 4. soils in and about the ruadway area have been illegally contaminated with high levels of lead. l'he soils are a characteristic hazardous waste . 6 a:R 1007-3, Section 261. 22. 5. As detailed in CDH Crnpliance order 87-05-26-01, incorporated as Attacl-atent l, the soils were illegall ·t contaminated by Ren-elt Metals Inc. and Mr. William Uhrig. n>e City of Englewcod is entirely free fran fault in regards to causing the oontamination. -1 - '-._,/ ti~ox,•s ~SDrr ro AGP.me11 Englewood agrees to the terms and conditions of this Agreer.ent. '11us Agree<rent shall constitute a requirer.ent under Part 3 of the O!WTI. Englewood also agrees not to challenge CDH's authority to bring, or the court's jurisdiction to hear, any action to enforce the terms of this Agreerrent under Section 25-15-308 of the Oll'lll, SCXJPE A."!D EFFECT OF ~ 6. This agreerent shall be effective upon the date signed by the last party. 7. The Farties' obligations under this Agreerrent are limited to the matters expressly stated in this Agreerrent or in approved sul::mi.ssions required hereunder. 8. CDH' s approval of any sul::mi.ssion, standard, or action under this !lgreer.ent shall not constitute a defense to, nor an excuse for, any subsequent violation of any requirer.ents of this Agreerrent, the O!WTI, or the inplerrenting regulations. 9. Except as specifically provided in the folla.ing paragraph, upon the effective &te of this Agreer:,ant, the State of Colorado her eby releases the covenants not to sue Jlngle-.ood regarding all Ntters arising out of the aforesaid contamination under any camron law theory or state or federal statutory provision. 10. The release and covenant not to sue described in the preceding paragraph shall not apply: a. to any liability Englewood r.ay have arising frcxn conditions that are unknown to CDH as of the effective date of t.>us Agreerent, if such conditions rray pcse an irndnent and substantial endangernent to hurran heal th or the environr.ent; b. if aJH receives any new infornation, in whole or part after the effective date of this Agreeirent, .nich indicated the rerred.ial action required under this Agreerent is oot protective of human health or the environrrent; c. if Englewood fails to conduct the reredial action required under thi3 Agreement I or d. to any liability that may arise fra11 Englew:iod's negligence in performing the rmedial action required under this Agreeient I or e. to any liability arising out of the transportation, handling, treatirent, storage or disposal of materials rem:ived frail the facility and required to be manifested as hazardous wute a,ce those material ■ have been excavated, p,nped or othez:wise rsroved frau the facility. f. Eng le-.r.>Od's failure t,:, ca,ply with Oi\'1'. (statutes, regulatior.s,) this Agree..ent e r any other applicable 111'.,. 11. Engle-.iood shall co:a;,ly •.,j,th any applicable federal, state or local laws or regulations and obtain any necessazy approvals or permits to conduct the rem,dial activities required by this Agreenent. LIMITATICN OF LIJ\BILIT'i CDH shall not be liable for any injuries or do!Mges to persons or property resulting fran acts or a,,issions of Englewood, its officers, El!l'loyees, agents, successors or contractors in carrying out activities pursuant to this .~gr e ei:-ent. CDH shall not be held out as a party to any contract entered into by Englewood in carrying out activities i;,.,rsuant to this Agreer.ent. !>othing in this Agreer.ent shall oonsti tute an express or Ull>lied waiver of sovereign ir:munity otherwise awlicable to mH, ts an;:,loyees, agents or representatives . ~::. ?ERr"ORMED J.2. Engle1,iood shall submit to CilH work ph ,1 for approval. 'nle ..ork plon will detail steps Englewood will tak.a to r em::"'1 .;;r treat the waste in on envircni:>antally sou.1 d manner, in acccrd;mce ·.:1 th h,· Colorado Hazardous Waste Act and its regulations. CilH s hall ,•r.N i s ;, Eng le1,m oi its decision to approve er disappr ove the ..ork plan. !·f 'D'I <ii •ap;,roves the ..ork plan, CDH shall include a statement outlining ~he Ti\?d'. 1ications necessazy for approval and explaining why the nodificatior., necess,xy for approval and explaining \olhy the rrodifications are necessary. 0:1Ce approved, the ..ork plan shall be deerred incorporated into this Agreement . 13. Within 30 days of the effective date of this Agreer.ent, the Parties shall each designate a Project coordinator. Each Project coordinator shall be respons ible far cacrdinating t.>ie Ull>lem?ntatian of this Agreement. Ta the extent pos s ible, camn.inication between the Parties and sutmission of reports, awrovals a.~d other ccrres,,onc!P.nce concerning the activities perfamed pursuant ta t.>iis Ag::eerent sh~\ lo~ directed through the Project COOrdir,dtars. 14. In Ull>lementi."q the Wark Flan , the Project coordinat ors shall operate by consensus whenever pcsd b) ~. 'l11e Project coordinators s.liall attempt to resolve di sputes informally through discussions of the issues. SITE Nx:ESS .;.,m SAMPLING CDH shall be permitted at reason •'>: e titres to oversee the work being perforrred under this Agreem,nt. ClH 'll .,,11 be permitted ta inspect ..ork sites, operating lags, records and contracts relating ta this Agreerrent and interview facility persaMel ond contractors performing work required by this !lgreerrent. CDII may con 'uct any tests necessary ta ensure aa,pliance with this Agreeirent and to verify the data sul:lnl.tted by Engleo..o:>od. The parties shAll notify each other of any sanpling activities and provide split sanples upon request. -3 - RED✓.!!URSD-IEm' OF REVI.tW COSTS D,gl.....:>Od shall reir.burse CDH for the cost of reviewing sutmittals required under this Agreerrent in accordance with the schedule established in 6 CCR 1007-3 Section 100. 32. ?ayr.ent is due 30 clays after billing by oepartr.ent. Such payrrents by Engl.....:>Od shall not constitute an express or ir.plied aanission that Engl.....:>Od has in any way violated Cl!~ or its ir.plesrenting regulations. s,,ch am:runts shall not exceed $2,000.00. NOl'ICES Unless other..ise sr.ecified, any report, notice or other OOlllffllnication required under the Agreenent shall be sent to: FOR r;;:>H: Freder ick R. Dowsett Hazardous M3terials of Waste Managemant Division Colorado Depart!rent of Health 4201 East 11th Avenue Denver, Colora 80220 ro.~ 1:2\'GLEI~: Roger w. Fraser, City Manager 1''•.y of Engl.....:>Od '400 South Elati Street •• 1-;1 le1,ood 1 Colorado 80110 !-o:>IFICATirns '!1ie parties JMY, by rrutual cons ent, Jl'Odify this Agreerrent by written ar.ena;ent, P.ESERIOO'IOO OF RIG!fSS CDH reserves the right to bring any action or to seek civil penaltio1 for any past, present or future violations of O!WA and CDH hiuardous was ~11 regulations in connection with the facility, subject to the express limitations set forth in the Scope and Effect of. Agreem!nt Section (Paragraphs S and 6 inclusive of subpa.ragraphs of this Agreetent. ·: . .'. -~-¥:~~~i:i ~:~~f,;_::lii~~~-~--. •.;. AIJrnORl ZATIC'-'I TO SIGN -nie undersigned warro.nt that they are authorized to legally bind their respective principals to this Consent Agreement. 'lhis Consent Ag~-nt may be executed on nul tiple counterparts, e!ICh of which shall be cleered an original, but all of which shall be consti tuteC: one and the sane agreenent. Cl1Y OF ~ SIJS/\N Vl\N DYl<E, 11.ayor City of Englewood. C0LOAAllO DEPA.'ll'IMENl' OF HF.I\LTI! FREDERICK R. DC!,'SEIT Unit I.eacler ~bnitoring and Enforcerrent l!azardous Materials Waste Managerrent Div .'.s : ,n APPROVED /\S 'IO FORM: THE J\TI'ORNE'i GENER/\L DAVID B. KOPEL, Reg. NO. 15872 Assistant Attcrney General Natural Re90urces Section Attorneys for the Depart:lrent of Beal th 1525 Sheman Street, 3rd Floor Denver, Colorado 802~3 Telephone I 866-5058 Al. Alpha No. Hr. RB 111ZO NJ File No. ENl8900745 DMZ January 3, 1990 CXUCL <XHUfiCATICII JllamlTfH SllllJEr Soils contaminated by hazardoua waste DllTIAm> BY City Attorney/Public Works f1rRP SlllO! ISSUB/JICl'IQI l'K'l'OOl!Il Approving Agreerrent with Colorado Departlrent of Heal th PREYICllS CXXH:lL JICl'ICII None f1rRP .Nll\LYSIS BIICIGOHl t3, a..._ 'lt,e need for this agree,rent arises fran the Paving District in the area of 2350 south Raritan. Soils in and around the site have been contaminated by high levels of lead. These have been independently confinred by the City's CMn investigation. The soils \<ere illegally contaminated by Rem:lunt Metals, Inc. in violation of state Law. In order to proceed with the street constr,Jction or otherwise continue to use the street, it is necessary to take reitedial action to neutralize said contamination and also to avoid statutory liability, i.e. penalty. A key provision in the agre,,ment is that the parties shall work thrcugh consensus. '!be City shall baaically develop a way to reioove or treat the waste in an enviroml!lltally sound manner, and the maMer chosen shall be approved by the Colorado Departrrent of Heal th. ~ '1he cost of this ~rk is estimated to be $30,000. 'lt,e funds are in the bldget (Paving District 33). If the work is not done, the City i ■ subject to a oea.. and Desist Order for maintenance of hazardous material at this locatioo nS penalty of fine.