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RESOLUTION NO. I~
(Series of 1991)
A RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF ASPEN, COLORADO,
APPROVING AND AUTHORIZING THE EXECUTION OF THE "SUPERFUND STATE
CONTRACT FOR REMEDIAL IMPLEMENTATION, SMUGGLER MOUNTAIN SITE,
OPERABLE UNIT I, BETWEEN THE U.S. ENVIRONMENTAL PROTECTION
AGENCY, THE COLORADO DEPARTMENT OF HEALTH, PITKIN COUNTY AND THE
CITY OF ASPEN".
WHEREAS, the United States Environmental Protection Agency
has identified and designated an area within the municipal limits
of the city of Aspen kno~m as the Smuggler Mountain Site ("Site")
as being contaminated with mining wastes containing high con-
centrations of lead and cadmium and has consequently placed such
site on the Environmental Protection Agency's National Priorities
List for cleanup and remediation under the Comprehensive
Environmental Response, Compensation, and Liability Act, 42
U.S.C. section 9601, et ~.; and
WHEREAS, after thorough study and evaluation, the Environ-
mental Protection Agency has formulated and issued a remedy for
cleanup of the Smuggler Mountain Site as published and set forth
in an Explanation of Significant Differences dated May 16, 1990;
and
WHEREAS, part of the site cleanup and remediation program as
devised by the Environmental Protection Agency envisions and
requires the assistance and cooperation of the city of Aspen and
the County of Pitkin to ensure the effectiveness and performance
of the remedy by, among other things, regulating, limiting or
prohibiting certain types of activity which could result in the
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exposure of residual contaminated materials within the boundaries
of the site; and
WHEREAS, the Environmental Protection Agency and Colorado
Health Department, Pitkin County and the city of Aspen have
jointly negotiated a four-party agreement to provide for and
coordinate the implementation of the clean-up and remediation
program for the Smuggler Mountain Site, a copy of which is
attached hereto as Exhibit "1"; and
WHEREAS, section 13.5 of the Home Rule Charter for the city
of Aspen authorizes the city Council to enter into contracts and
agreements with other governmental entities for the sharing or
furnishing of services; and
WHEREAS, the city Council deems it appropriate and necessary
for the public health, safety and welfare for the City of Aspen
to facilitate and cooperate in the clean-up and remediation of
the Smuggler Mountain site and that the four-party contract is a
necessary component thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO that the Superfund State Contract For
Remedial Implementation, Smuggler Mountain Site, Operable Unit I,
Between the U.S. Environmental Protection Agency, the Colorado
Department of Health, Pitkin County and the city of Aspen be and
ie hereby ratified, approved and adopted and the Mayor is autho-
rized to execute same effective as of the date of this Resolu-
tion.
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Dated:
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William L.
, 1991.
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
ma~c-/./ c?:;
Aspen,
Colorado, at a meeting held
, 1991.
ftJ;:Z7y '> cI p~
Kathryn s~ City Clerk
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