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Home My WebLink Aboutresolution.council.100-01 RESOLUTION # I LZ? (Series of 2001) ~.A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF ASPEN, COLORADO, AND PITKIN COUNTY, SETTING FORTH THE TERMS AND CONDITIONS REGARDING AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT WHEREAS, there has been submitted to the City Council an intergovernmental agreement between the City of Aspen, Colorado, and Pitkin County, a copy of which agreement is annexed hereto and made a part thereof, and WHEREAS, a portion of the Smuggler Superfund Site is located in the city limits of the City of Aspen, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That the City Council of the City of Aspen hereby approves that agreement between the City of Aspen, Colorado, and Pitkin County regarding management of the Smuggler Superfund Site and compliance with federal requirements for the site, a copy of which is attached hereto, and does hereby authorize the City Manager of the City of Aspen to execute said agreement on behalf of the City of Aspen. ,/' //HelX~n ~ali~l~ landerud, Mayor I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held on October 22, 2001. ~h~n . Koch, City Clerk DRAFT INTERGOVERNMENTAL AGREEMENT THIS INTERGOVERNMENTAL AGREEMENT f~the "Agreement") is made this day of ,2001 by and between the Board of County Commissioners of Pitkin County, Colorado. ("County") whose address is 530 E. Main Street, Aspen, Colorado and the City of Aspen ("City"), whose address is 130 South Galena Street. Aspen, Colorado. The County and City are sometimes collectively referred to as the "Governments". RECITALS 1 This Agreement is entered into pursuant to. Inter alia, C.R.S. 29-1-201. et seq. and Article XIV, Section 18 of the Colorado Constitution 2. The Governments are duly constituted governmental entities, governed by Boards or Councils elected by qualified electors of the County and City mentioned above, both of which are located in Colorado. 3. The purpose of this Agreemen[ is to set forth the respective responsibilities and obligations of the Governments relating to enforcement of the Smuggler Mountain Superfund Site (Site) Consent Decree and related documents as instituted to manage obligations at the Site. 4. The Board of County Commissioners' Consent Decree agreement with the United States Environmental Protection Agency (USEPA) entered into Federal Court in Denver, Colorado on March 24, 1995 is the governing document directing all action and responsibilities of the Governments in this matter. 5. The Board of County Commissioners' Ordinance # 94 -15 establishing Institutional Controls specific to the Site, and the Aspen City Council Ordinance # 25 Series of 1994 establishing Institutional Controls specific to the Site hold both Governments respectively accountable for con; pliance with conditions of the Ordinances within their political boundaries. 5. The US Environmental Protection Agency has stated emphatically that they will not entertain any effort to repeal the Institutional Control Ordinances by the Governments. 7. Severability. Should any one or more sections or provisions of this Agreement be judicially adjudged invalid or unenforceable, such judgment shall not affect, impair or invalidate the remaining provisions of this Agreement, [he intention being that the various sections and provisions hereof are severable. 8. Notices. Any notice required or permitted under this Agreement shall be n writing and shall be hand delivered or sent by registered or certified regular mail, postage pre-paid to the addresses of the parties as follows. Either party by notice sent under this paragraph may change the address to which future notices should be sent. Notice to Pitkin County: Pitkin County Board of County Commissioners c/o Pitkin County Manager 530 East Main Street, Third Floor Aspen, Colorado 81611 Notice to the City of Aspen: City of Aspen cio Aspen City Manager 130 South Galena Street Aspen, Colorado 81611 The foregoing Agreement is approved by the Board of County Commissioners of Pitkin County at a regular meeting held on the day of ,2001 an~d~by the City Council of the City of Aspen at a regular meeting held on the~ay of T~:~.~_, 2001. BOARD OF COUNTY COMMISSIONERS ATTEST: PITKIN COUNTY. COLORADO By:. Mick Ireland, Chair Jeanette Jones, Deputy Clerk CITY OF ASPEN ATTEST: Helen -~alin'~K~nd~ru-"~, Mayor ~-~ty Clerk G;admin. Pitco As~3en Smuggler IGA.doc JAN. 24.2002 5:07PM PITKIN COUNTY CLERK RECORDER NO. 511 P. 2 8, No~icesj. Any notice required or permitted under this Agreement shall be in writing and shall be hand delivered or sent by registered or Certified regular mail, postage pre-paid to the addresses of the parties as follows. Either party by notice sent under this paragraph may change the address to which future notices should be sent. Notice to Pitkln County: Pitkin County Board of County Commissioners c/o Pitkin County Manager 530 East Main Street, Third Floor Aspen, Colorado 81611 Notice to the City of Aspen: City of Aspen c/o Aspen City Manager 130 South Galena Street Aspen, Colorado 8161~ , The foregoing Agreement is apprOved by the_~Board of C~ty,~.ojnmissioners of Pitkln County at a regular meeti,n.g held on the ~.:a., day of C.~.~~ ..,.~001. and j;~the/Ci~y Council of the C~ty of Aspen at a regular meeting held on the .~ -'~lay of ~~.__, 2001. BOARD OF COUNTY COMMISSIONERS ~~a~x~_.~ ~ PITKIN COUNTY, COLORADO Mick Ireland,~Chair ' J~ptte Jones, ~puty Clerk CITY OF ASPEN A'I-I'EST: By: · Helen Kalin Klsnderud, Mayor Kathryn Koch, City Clerk G:smuggiar. Pi~co Aspen Smuggler IC.~A, .doc, ............... ; ..... ~-~d'S~at'es may, as [~ deems appropriate, asslsu Se~g Sera access. _ · 42. ~ouwiuhst-a~d~gany prov ecree the United Sza~es racains all O~access authorities and rights, including enforcemen r ~ CE-RCLA, / · RCRA. and a~C~r applicable .s~azu~s or reg%lla~icns. . ~ .. ~ XI!. REPORTING REOUIREMENTS 43. In addi=ion to any o~her requirement of this Consen5 Decree, during the conscription of the .Work., Settling Defendanc shall submit ~o EPA, =he Sta=e and She Smuggler Caucus 2 copies of writcen semi-ann~al progress reports =han: (a) describe the.ac~ons which have been ~aken toward achieving compliance wi~h this Consen~ Decree during =he previous six months; (b] include a summary of ail results of sampling and uescs and all other da=a received or generazed by Set~ling Defendan~ or its ccn=racnors or agents in the prev!ous slx months; (c) identify ail work plans, plans and ocher deliverables required by =his Consent Decree completed and submi=Ced during the previous six ~nzns; (d) describe all actions, including, buc no= limi=ed to, da=a toilet:ion and implementation of work plans, which are scheduled for ~he nexu reporcinq and provide cuber informanicn rela~ing ~o ~he prQgress of cons=rucnlon, including, but nou limited uo, crizical path diagrams,. Gan=='char~s and Pert charts, if necessary; (e) include informazicn regarding percent&ge of completion, unresolved delays encountered or anticipa=ed that may affect she future schedule for ~mplemen=ation of the Work, and a description of efforts made ~o ni=iqaue those 47 47. Upc~ the occurrence of any event durlng performance of the Work than Settling Defendant is required ~o repor~ pursuant to Section I03 of CERCLA or Sea,ion 304 of the Emergency Plarulin9 and Community Right-to-know Act (EPCRA), Settling-Defendant shall within 24 hours of the on-sec of such event orally notify the EPA Pro~ect Coordinator or the 'Alternate EPA-Project Coo~din'a~0r (in the even~ of the una~aiiabili:y of the"kPA Project Coordinator , or, in she evens ~hat neither the EPA Project Coordinator or Alternate EPA Project Coordinator is available, the Emergency Response Section, Region VIII, United S~ates ~nvironmental ProtecUicnAgency. T~ese reporting requirements are in addition ~he reporting required by CERCLA Section 103 or EPC~A Section 304. 48. Within 20 days of =he onset of such an event, Se=tling Defendant shall furnish to =he United States a written rep~,r~, signed by the Settling Defendant's Projec~ Coordinator, se'~zng forth the events which occurred and the measures taken, and to be taken, in response thereto. Within 30 days of the conclusion of such an event, Se==iing Defendant shall sub,it a report forth all actions taken in response thereto. 49. .In ~he event =hat. Settling Defendant fails 'to ~ake approprlate response action as required by this Section, and EPA takes such action instead. Settling Defendan~ shall reimburse EPA for'all costs of ~e response action'not inconsistent with =he NCP. 50. Nothing in =he preceding Paragraph or in this Consent Decree shall be deemed ~o Timi= any authority of the United States to ~ake or order such response actions. 49