HomeMy WebLinkAbout90- United Parcel Service Settlement Agreement for Oil Wastewater Discharge
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October 8, 1990
Mr, craig E. Brawner
Assistant city Engineer
35 North Bozeman Avenue
Bozeman, Montana 59771-0640
Re: Letter of Understanding for Oil/Solvent Wastewater
Discharge Control Plans
Dear Mr. Brawner:
As agreed to at our meeting on Thursday, May 10, 1990, three
areas of concern should be addressed in a letter of under-
standing between the City of Bozeman and United Parcel
Service:
1. Establish an emergency response procedure which includes
contacting the City of Bozeman Engineering Department.
2. Assurance that the pipe connecting the waste oil tank to
the oil/water separator is removed or capped off.
3 , Provide written control plans to prevent a reoccurrence in
the future,
The following steps have been taken to "address the above
concerns:
1. A Spill Prevention Control and Countermeasure Telephone
Listing has been prepared which includes the Bozeman
City Engineering Department as a required contact
(enclosed) .
Action steps for an oil spill incident have been prepared
which includes the use of the Spill Prevention Control
and Countermeasure Telephone Listing (enclosed) .
2. The pipe connecting the oil/water separator to the waste
oil tank has been plugged off by H2L Inc. as indicated
on invoice 1088 ( enc losed) .
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3 . An agreement has been signed with H & M Oil for the semiannual
waste oil removal in the Bozeman Center.
An agreement has been signed with H2L Inc. for the semiannual
removal of oil/water separator sludge in the Bozeman Center.
United Parcel Service has tried to very cooperative in the
past and I assure you we will be equally cooperative in the future.
If you have any questions regarding this matter, please feel free
to call me at (406) 255-1680,
Sincerely,
UNI~ARCEL SE~C.
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chael W, Sousa
'District Automotive Manager
I have read the above concerns and agree that each has been
addressed adequately to correct the current problem and prevent
f e problems.
C__
November 19, 1990
Date
Additions to Letter of Understanding
l. The City of Bozeman and United Parcel Service, Inc. (UPS) agree
to a $2,000.00 cost recovery/penalty settlement payable by
United Parcel Service for costs incurred by the City of Bozeman
in its investigation associated with the oil and/or other
chemical compounds through May 10, 1990,
2. This settlement shall not relieve UPS of any future liability
or responsibility, as determined by a court of law, administrative
agency, or other regulatory authority for any damage resulting from
the aforementioned discharge of oil and/or other chemical compounds
into the Bozeman sewer system in violation of Federal, State, or
local laws and regulations Nor shall this settlement be deemed a
waiver by the City of Bozeman of any claim or right of in-
demnification or counterclaim it may now or in the future may ,
have against UP~ as a result of said diS~ "~
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/ nited Parcel Service
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THE CITY OF BOZEMAN
411 E. MAIN ST. P.O_ BOX 640 PHONE (406) 586-3321
BOZEMAN. MONTANA 59715-0640
November 9, 1990
TO: Bruce E, Becker, City Attorney
FR: Phillip J. Forbes, Director of Public Service ~
RE: U.P.S. Settlement
Attached please find two copies of the referenced Settlement with U,P,S. for
the oil discharge into the sanitary sewer, I believe Craig Brawner has worked
with you in previous reviews of this Settlement agreement, If this document
continues to meet with your approval, please forward as necessary for the
appropriate signatures, After full execution of this Settlement, please
return the copies to me so that I may forward them to U,P,S. with an invoice
for the indicated lump-sum payment,
If you have any questions, please contact me,
PJF/mcl
Attachment
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