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HomeMy WebLinkAbout96- MT Dept. of Environmental Quality re; Solvent Site .' ,\ ;; f ... , ' tI' .1 MEMORANDUM OF AGREEMENT BETWEEN THE MONTANA DEPARTMENT OF ENVIRONMENTAL QUALITY AND THE CITY OF BOZEMAN, MONTANA REGARDING THE INTERIM MEASURE REMEDIAL INVESTIGATION AND FEASIBILITY STUDY (RIlFS) TO BE CONDUCTED AT THE BOZEMAN SOLVENT SITE IN BOZEMAN, MONTANA 1, The Montana Department of Environmental Quality (DEQ) and the City of Bozeman, Montana (the City), hereby agree that the City shall voluntarily, with the assistance, efforts, expertise and advice of its contractor, Nicklin Earth and Water, perform a remedial investigation and feasibility study (RI/FS) for the Bozeman Solvent Site, located in the northwest area of Bozeman, Montana, in the County of Gallatin, most specifically the area comprised of approximately 700 acres located in Township 2 South, Range 5 East, Sections 1, 2 and 12 and in Township 1 South, Range 5 East, Section 35 and 36 of Gallatin County, Montana, under the following terms: 2, The City shall perform the RifFS diligently, competently and consistently with the latest edition of the City's work plan, entitled "Draft Final Phase Remedial Investigation Work Plan--Bozeman Solvent Site," [hereinafter the Work Plan] submitted to DEQ by Nicklin Earth and Water. For purposes of this Agreement, the Work Plan shall include all DEQ-approved written or oral modifications or additions thereto, The VVork Plan is subject to DEQ approval and public comment. If DEQ , does not approve the Work Plan, the City shall not perform the RifFS and DEQ may, in the exercise of its discretion, contract with or order another party, including a contractor retained by DEQ, to perform the RifFS. 3. The City shall provide DEQ a schedule for work to be performed and dates when deliverables, including, but not limited to, draft and final documents, field notes and reports, shall be delivered to DEQ, The City and DEQ acknowledge that the schedule is subject to DEQ approval and is integral to the efficient and timely completion of the RI and FS work, including the necessary public comment pe~iods pertaining to both the RI and FS. 4, The City and DEQ agree that DEQ will provide oversight of the RifFS process and that DEQ will review RifFS documents, reports and other deliverables for . , - . .. . consistency with the National Consistency Plan (NCP). Further, the City and DEQ agree that all phases of the RI/FS, including work, schedules and deliverables, are subject to DEQ approval. In the event DEQ: (A) does not approve the work being performed pursuant to the Work Plan (including any DEQ-approved or DEQ-required modifications or additions to the Work Plan), pursuant to any additional DEQ-approved work plans for performance of the RifFS (including performance of "additional work") or pursuant to this Agreement, or (B) does not approve a deliverable or any deliverables delivered to DEQ pursuant to the Work Plan (including any DEQ-approved or DEQ-required modifications or additions to the Work Plan), pursuant to any additional DEQ- approved work plans for performance of the RifFS (including performance of "additional work") or pursuant to this Agreement, . DEQ may, at any point during the course of the RifFS, terminate the City's performance of the RifFS and contract with or order another party, including a contractor hired by DEQ, to perform or complete the RI/FS. The City and DEQ agree that the City's failure to submit deliverables on time or perform RI/FS work according to DEQ-approved schedules constitutes grounds for DEQ to deny approval of deliverables and work, 5, The City agrees to pay for performance of the RI/FS and pay DEQ's oversight costs for the RifFS. 6, The City agrees to provide DEQ, prior to RI/FS commencement, a statement of financial ability to pay for and perform the RI/FS to completion. Such statement of financial ability shall be comprised of the City Clerk of Bozeman, Montana's duly signed/executed copies of the minutes of the Bozeman City Commission/City Council meetings that were held on June 10, 1996, and June 17, 1996, at which meetings the Commission/Council heard, discussed and approved the fiscal 1997 budget for the Bozeman Solvent Site, including the reasonably estimated costs of the City's performance of the RifFS. Such statement of financial ability is attached hereto as Exhibits A and B. 7. The City and DEQ agree that this Agreement and performance of the RifFS h,ereunder is not subject to judicial review and is not subject to the requirements of section 75-10-723, MCA. a " ~ .. ~ , ' a .. IT IS SO AGREED: THE MONTA"NA DEPARTMENT OF ENVIRONMENTAL QUALITY BY AND THROUGH ITS DULY AUTHORIZED REPRESENTATIVE ~/~/ ~~.L MARK 31MONICH . DIRECTOR OF THE MONTANA DEPARTMENT OF ENVIRONMENTAL QUALITY Date: "7~ /.9':::;;' , IT IS SO AGREED:,: THE CITY OF BOZEMAN, MONTANA BY AND THROUGH ITS DULY AUTHORIZED REPRESENTATIVE ( ?ern z ~~ THE HONORABLE DON STUECK MAYOR OF THE CITY OF BOZEMAN, MONTANA Date: ? // / :J.b / ATTEST: ()~d~ ROBIN L. SULLIVAN, Clerk of the Commission