Loading...
HomeMy WebLinkAboutRes.2929.10-19-2015BILL NO. 15-194 RESOLUTION NO. ICI A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE MISSOURI DEPARTMENT OF NATURAL RESOURCES, FOR THE LEAF HOLDING AREA CLEAN-UP PROJECT LOCATED AT 453 COOPER STREET, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The City Manager, for and on behalf of the City of Cape Girardeau, Missouri, is hereby authorized to execute an Agreement with the Missouri Department of Natural Resources, for the Leaf Holding Area Clean -Up project, located at 453 Cooper Street, in the City of Cape Girardeau. The Agreement shall be in substantially the form attached hereto as Exhibit A, which document is hereby approved by the City Council, and incorporated herein by reference, with such changes therein as shall be approved by the officers of the City executing the same. PASSED AND ADOPTED THIS � DAY OF -,O 2015. Xa&fy E. Re ger, Mayor ATTEST: APJ,l d (,fO-lL ( Gayle)L. Conrad, City Clerk i • �` Pati ` U lenaniab W.(Jay)Nucn.Gammen . San Puke??auk"Direaor D ' TIVIENT OF NATURAL RESOURCES October 2,2015 CERTIFIED MAIL#9590 9401 0033 5071 4163 75 RETURN RECEIPT REQUESTED Mr. Scott Meyer City of Cape Girardeau ' 401 Independence St Cape Girardeau,MO 63703-6224 RE: Environmental Remediation Oversight Letter of Agreement Dear Mr.Meyer. The Central Meat Packing(former)site is hereby accepted into the Hazardous Waste Program's Brownfields/Voluntary Cleanup Program(BVCP)for the remediation of contaminants under the review and oversight of the Missouri Department of Natural Resources. Acceptance of a site into the BVCP does not mean or imply that the Department has made a final determination regarding whether the site requires or warrants action under the Comprehensive Environmental Response,Compensation,and Liability Act(CERCLA);the Resource Conservation and Recovery Act(RCRA);the Missouri Hazardous Waste Management Law;or other state or federal statutes. Acceptance into the BVCP is based solely on information related to the site that is known to the Department at the time the application is submitted The Department reserves the right to exercise its authority under the referenced statutes should information in addition to that known to the Department at the time the application is submitted become available that demonstrates that action under one or more of the referenced statutes is warranted or should conditions at the site change resulting in a situation that warrants action under the referenced statutes. This letter serves as an agreement between the Department and City of Cape Girardeau regarding the Department's review of documents and oversight of remediation of hazardous substances at 453 Cooper St,Cape Girardeau,Missouri. A$4000.00 initial deposit to be used for document review and oversight expenses incurred by the Department must accompany the fully completed agreement. The deposit may be in the form of a check payable to the Missouri Department of Natural Resources. The BVCP must receive the signed Letter of Agreement(LOA)and the deposit check prior to conducting any further review on this project The Department's document review and oversight costs will include personnel and expense costs, plus indirect costs as per subparagraphs(8) (A) 1. and 2. of 10 CSR 25-15.010(copy enclosed). Should the$200.00 application fee and the$4000.00 deposit be expended prior to completion of the project,any further Department expenses will be billed quarterly,with the option to bill a cs ...,mom Letter of Agreement Page 2 monthly,as per the enclosed sample. Because of the limited scope of work envisioned under this LOA,accounting details above the level of the sample enclosed will not be provided by the Department. Any disputes arising from the review and oversight costs will be handled in accordance with 10 CSR 25-15.010(8)(C). In the event review and oversight costs do not meet or exceed the funds on deposit,the Department will refund,within sixty(60)days of the close of the project,all the funds remaining in excess of the actual costs. A copy of the Phase 1 Environmental Site Assessment and all existing and relevant reports and supporting documentation, or other information concerning any site assessments, investigations, sample collections,and sample analyses that have not previously been provided to the Department, shall be submitted with this signed agreement or within ninety(90)days following acceptance of this LOA. Sites enrolled in the BVCP will use the Missouri Risk-Based Corrective Action(MRBCA) guidance for determining cleanup targets. The most recent version of MRBCA available at the time the risk management plan is developed will apply. MRBCA does not in any way relieve responsible parties of requirements imposed pursuant to RCRA or CERCLA cleanup authorities. The Department agrees to review all existing and relevant environmental documents received to determine if remediation of the above-referenced site is necessary to meet state standards. If remediation is needed and you desire the Departments oversight and participation,you must develop a Risk Management Plan(RMP) for cleanup of the site. The Department must approve all investigation plans,and the RMP,prior to implementation. The RMP shall include work plans, safety plans, testing protocols,and appropriate monitoring plans. A Certificate of Completion letter will be issued by the Department upon successful completion of the RMP. The owner(s)/authorized agent 412.11 allow the Department access to the site for purposes of overseeing the implementation of the RMP, including sampling at the site;conducting investigations relating to soil and groundwater contamination at, beneath,or near the site; and observing and monitoring the progress of the work. During the investigation and remediation of this site,you shall submit quarterly progress reports to the Department, unless otherwise approved in writing by the Department. In the event that contaminants of concern will remain at the site above unrestricted land use levels at the conclusion of the project, an Environmental Covenant pursuant to the Missouri Environmental Covenants Act shall be required as part of the RMP. A one-time Long-Term Stewardship Fee of$15,000 will be assessed. City of Cape Girardeau may terminate this LOA at any time for any reason by giving written notice, via certified mail,to the Department. The Department may terminate this LOA for cause which includes the grounds set forth in Section 260.569.3,Revised Statutes of Missouri. Only those costs incurred by the Department prior to the effective date of any termination of this LOA shall be recoverable by the Department under this agreement. City of Cape Girardeau shall hold the Department harmless for any claims(including, but not limited to, claims for property damage or personal injury)arising from activities reviewed or Letter of Agreement Page 3 overseen under this LOA. This LOA is not and chsll not be construed as an admission by City of Cape Girardeau of any liability under 10 CSR 25-15.010 or any other law oras a waiver of any defense to such liability. This LOA is not and shall not be construed as a waiver,release, or settlement of claims the Department may have against City of Cape Girardeau or any other person,or as a waiver of any enforcement authority the Department may have with respect to City of Cape Girardeau or the property. If determined to be necessary,the preparation and submittal of any permit applications are your responsibility as participant. The processing and review of permit applications,which are awarded by the Department and may be necessary for work conducted under this agreement,are not subject to the time limits established for the BVCP. This LOA must be signed and returned to the Department within sixty(60)days from the date of this letter. Unless the Department grants a written extension,if this letter is not signed and returned within the prescribed period,this LOA shall be null and void. If the terms of this LOA are acceptable,please execute this LOA by signing in the space provided on the following page,and return along with the$4000.00 deposit Checks should be made payable to the Missouri Department of Natural Resources and sent to: Mr. Scott Huckstep,Chief Brownfields/Voluntary Cleanup Section Hazardous Waste Program Missouri Department of Natural Resources P.O. Box 176 Jefferson City, Missouri 65102-0176 The Department appreciates your interest in the BVCP and looks forward to working with you. Sincerely, HAZARDOUS WASTE PROGRAM Scott Huckstep,Chief Brownfields/Voluntary Cleanup Section SH:bpe Enclosures Letter of Agreement Page 4 This LOA may be signed by Applicant(s) OR Applicant's Authorized Agent Accepted and agreed to this =AO qday of/ Oct'zbpr ,20 J 5 , in the State of Jl)M Vii , County of CLI Ui (irar4a wi . A. .lican moi si• atur2s : / 41111 "beye-r (SS (Print Name) \,zzi 604 L. Coa vd C (Signature) (Print Name) Authorized Agent signature I certify that I am fully authorized to enter into the terms and conditions of this Letter of Agreement and to bind the Applicant I represent to this agreement. (Signature) (Print Name) (Relationship to Applicant) (Company Name) NOTARY PUBLIC. ,ppYP�' AMANDA L.MCKINNEY o ..... •, cr. My Commission Expires dP81111% CV. _iJ r • �NOTARY• • Match 3,2019 '.9. SEAL.�gc Cape Girardeau County ' aF t.f,3'. Commission/14586193 My commission expires Iabci U.