Loading...
HomeMy WebLinkAbout1992 Resolution No. 057• • • RESOLUTION NO. 5._J SERIES OF 1992 A RESOLlJflO N AlJfHORJ ZING AN INCREASE IN THE CONTRJBt.rnON TO THE LOWRY COAL IT ION FOR 11-iE LOWRY LANDFILL SUPERFUND SITE FROM THE BI -C IW WASTEWATER TREATMENT PLANT FUND FOR Bl -Cl1YS PARTICIPATION IN LOWRY !AND FILL SUPERFUND SITE FUN D FOR AN A~'10UNT NOT TO EXCEED $71,500, WHEREAS , the Bl-City Wastewater Treatment Plant has been sem a special n otice and na m ed as a po tentially responsible party In connecti o n with the Lowry Landn ll Superfund: and WHEREAS, the recent rund request fror,, the Coalitio n of $7 1,500 1vlll exceed the the Cities' l ola l capped amount by ap pro.xl matt.l) $64,300. or $32,150 per City; and WHEREAS . In addition the Lowry Coalition h a s projected a budget for 1992 or approxtmately $6 million and the Cities' share or the t.otal Osc al year 1992 budge t wo uld be $171.600 (2 .86 X $6 mil lion), less the $7,200 remaining within the capped amount , for a tot a l or approxtmately $164,4 00 or $82,200 per City: and WHEREAS. the C ities wlll be required , u nder the terms of the PRP Ag re ement governing membership In the Lowry Coalition a nd under the terms or the Administrative Order on Consent for the deep a nd shallow g round wate r operable units, to "consider seriously" contributing a ddition al runds over and a bove the Cllles' capped a:nou nt : NOW, THEREFORE, BE IT RESO LVE D BY 11-iE CITY COUNCIL OF 11-iE C IW OF E NGLEWOOD, COLORADO, THAT: ~. The City or Englewood approve s the Lricrea sed contribution to the Lowry Coa lition In the amount of $71,500 fr om the Bl-C ity Wastewaler Treatment Plan! Fund for Bi -C ity's p articipation In lhe operallni; u nit. Th is fund req uest fr om the Coalition or $7 1,500 wUI exceed the the Cities' total capped a mount by appro,<Jmately $64 ,3 00, o r $32.150 per City. The Increase by this Resolu tion wlll be $32,150 for the City or Englewood. ADOPTED AND APPROVED this 4 th day or May, 1992. ATTEST : -= ~((<tL-,:.,,~ (I~,<((._, Patricia H. Crow, Clly Cl erk I. Patricia P.. Crow, City Clerk fo r the City or Englewood, Co lorado, h ereb)' certify the a bove ls a true co py or Resolution :>;o . .£2., S eries or 1992 . • • • Date May 4 , 1992 INITIATED BY STAFF SOURCE COUNCIL COMMUNICATION Agenda Item 11 f Subject Lowry Coalition Adclltional Funds Bl-City Wastewater Treatment Plant Supervtso"·· Commlttee Stewart Fonda, Director of Bl -City ISSUE/ACflON PROPOSED The action proposed 1s t o approve by resolution an tncrease In the contribution to tile Lowry Coalition for tile performance of the Remedial Investigation/Feasibility Study (RI/FS) at the Lowry Landftll Superfund Site from the Littleton/Englewood wwrP to an amount not to exceed 8579. 100. PREVIOUS COUNCIL ACTION Co uncil has b een briefed on nwnerous occasions reg-.rdlng the potential and ubstantial liabilities associa ted with the Lowry Lanclftll Issue: The City entered Into an Administrative Order on Consent as a potentl,lly respon s ibl e party (PRP) at the Lowry Landftll on September 29. 1988 . The City joined the Lowry Coalition to perform thr. RI/FS at the landfill on September 29 , 1988. and the Coalition agreem ent h as been am ended several tim es. Th e City obtained teclm!cal assistance from GeoTrans. In c .. and entered an agreem ent with the City of Lakewood to share U1 ose services . Th e City h as joined Am eri can Cities for Cleanup Equity (ACCE). STAFF ANALYSIS The cities of Littleton and Englewoo d , designated as Pote ntia ll y R spon Ible Parttcs (PRP's) at t he Lowry Landfill s ite . joined U1 e Lowry Coali ti on to pcrfonn lh c Ri ff', work on the Subs urface Liquids and Shallow Groundwater Opera ble UnJl and the Deep Groundwater Operable unJt at the site. The work ts be ing performed under the " upcrvlston" of the U.S. Environmental Protection Agency (EPA). The r easons and benefits of Joln1ng the Coa!Jtion have been presented at several coun cil meetings a nd s tudy sessions . The total esdma ted cos t of perfonnlng U1e RI /FS through 1992 bas been Increased by $6,000 ,000 (s e e Hill and Robbins' le tter of 2/ 19/92) to a total of approxima tely S24,000,000. Per the Coalition agreement. U1e cities· percentage s hare of U1e work Is 2 . 6%, or an estimated total amount of $6 80,000 . The Coa!Jtton percentage Involvem ent of 2 .86% Is contrasted to U1 e current EPA volume estimate for the cities of 3.92%. This Incr ease In funding h as r esulted In a r e quest from the Coalltion In • th e amount of $71 ,500, which will exceed the current contribution cap amount for ,' U1P cities' Involveme nt In the Coa!Jtion . In order to pay Ute requeste d amount to U1e Coalltion , U1e cap s hould b e raised to $579,100. ThJs n ew cap amount only Includes the formal request for funds at this ttme and not the entire amount to meet the n e w estimated total cost for perfonnlng the RI/FS. The Coa!Jtion will be formally requesting additional fund s approximately once per quarter as the work progresses . Each request will be brought to Council through 1992. Requests for funds that exceed the approved capped amount will not be paid until an Increase In the cap Is approved. The Coalltion agreement only requires the cities to ser1ously consld~.r requests for • Increased contributions. However . active partlclpatton In the Coa!Jtton would probably be In Jeopardy If the Increase Is not approved and the benefits of being In the Coalition as the work Is being done could be Jo st. BACKGROUND The cities of Littleton and Englewood have been designated as PRP 's In the Lowry Landfill cleanup through their role In the Bl -C ity WWfP . Diges ted sewage s ludge fr om U1 e plant was transported to and disposed of at the landfill tn the late '70's and the earl y ·ao·s. The cities h ave participated with other munJclpalltles and private sector Interests In n egotiation s \vtth ilie EPA r egardin g U1 e cleanup work at Ute la ndfill Ami the Uahtltty associated \\1th the cleanup. Many of these n egotiations h ave bee n throug h a group of PRP's known a~ U1e Lowry Coalltion. The agret me nt c! )e n ot requtre U1 e cities to automatically accept or commlt to an Increase tn the co ntrlbutton or an ope n e nded amount. b u t only commits U1e citi es to serious ly co ns id e r cost In creases above an a pprove d co n tribution cap. Th e pres nt cost cap ts based on U1e r evised esttmate lo p rform U1 c RI /FS on two of th e o pe rnh lc units a t Lowry: U1 e Subsurfa ce Liquids a nd S hallow Groundwater Op rnlll c Un it and the Deep Groundwater Operable UnJt . Th e cit.i cs· portJ on of th · cos t ts calcul a ted form the originally es timated per ce ntage (by vo ltun c) of materi a l de posit ed in U1 e lanclJlll by the cities. whJch ts 2.86%. City offi cia l and s ta ff nrc • • • • working to have the determination of percent revised to Include toxicity, as well as volume In the event the citi es are determined to be responsible parties. Inclusion of toxicity will lower the cities· percentage. since the material disposed of Is not toxic . City officials and staff are also working to reach a settlement with the EPA, based on other policies (e .g .. the municipal settlement policy and de mln1mls status). Some of U1e work performed as part of the RI /FS effort Is being used to support these positions. Prol!)'ess In U1ese areas ts proceeding. The RI/FS won. nas no connection to the litigation with the Insurance carriers In the Lowry situ ation. FINANCIAL The new contribution cap will be $579.100 and all costs pertalnlng to the Coalltlon are split fi0/50 with the City of Littleton. To date, $507,600 has be.en pald to the Coalltlon anj the current request Is for $71,500 , or $35,800 for ea ch city. Funds are Included In the 1992 budget for the Littleton/Englewood WWfP . ll,WIO W lOlllll!'o.'> llOBt:1Hr,111 u. Milt:.'" ro,,1 lO-.iALO L. \\'II.CO"( JOHNH.[\'A)';.'> MAllJ \Oo AC.,_tlt JlffUYM HALL HILL & R OB BINS, P.C . 100 BU.Kt: sntt:CT 6 U ILDl:-.C •••• EIGHTE[l','TH S'T llU " l>l'..NYt:k.COI.OMOO&O~·•:J.,O February 19, 1992 Mr. Stewart Fonda, Director Bi-City Wastewater Treatment Plant 2900 South Platte River Drive Englewood, co 80110 Dear Stu: Re: Lowry Coalition Request for Additional Funds f (LOIIO ,'i;I )01'19Mlufl TlllCOPILll >OJ19f>2W Enclosed please find a request by the Lowry Coalition for • additional funds in the amount of $71,500. Payment is due on or • before April J, 1992. As indicated in my letters dated November 26 and Decembers, 1991, and February 14, 1992, the Cities have $7,200 remaining within the total capped amount of $514,800 committed to the Lowry Coalition. Thus, the request for additional fun·}· ,1ill excded the Cities' total capped amount by app rox imately $64,JOO, o ~ $32,150 per City. In addition, the Lowry Coalition has projected a budget for 1992 of approx imately $6 million . The Cities' share of the total fiscal year 1992 budget would be $171,600 (2.86 x $6 million), les s the $7,200 remaining within the capped amount, for a t otal o f approx i mately $164 ,400, or $82,200 per City. As a resu l t, t he Cit ies will be required, und er the term s of the PR P Agreement governing members hip i n the Lowry Coalition and under the terms of the Administrative Order on Con sent for the deep and sh, low groundwater operable units, to "cons ider seriously '' cont r ibuting additiona l f und s over a nd above the Cities ' capped amo unt. Th e recommend ations o f Da v id and my s elf wi th r es pe ct to t his ma tter have been previou sly pr ov ided in ou r letters dated No vembe r 26 a nd December 5, 199 1 . • • • • Mr. Stewart Fcilda, Director February 19, 1992 Page 2 Please do not hesitate to call if you have any questions regar.ding the foregoing matter. Sincerely, ?~~~LJ~ Ron ald L. Wilcox ~ RLW:cp cc : Larry Berkowitz, Esq. Rick DeWitt, Esq. Denn.' s Stowe Richard G. Stoll, Esq .