HomeMy WebLinkAboutResolution 4140 Asbestos related Information
COMMISSION RESOLUTION N0.4140
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOZEMAN, MONTANA PROVIDING FOR THE DEVELOPMENT AND
IMPLEMENTATION OF ASBESTOS RELATED INFORMATION
WITHIN THE RECORDS OF THE CITY OF BOZEMAN, MONTANA
FOR THE PURPOSE OF INFORMING PERSONS PERFORMING
EXCAVATION WORK ON STREETS OF LOCATION OF KNOWN OR
PROBABLE ASBESTOS.
WHEREAS, the City of Bozeman, Montana in conjunction with the Department of
Environmental Quality of the State of Montana designed and implemented voluntarily cleanup
plan for the abatement of asbestos in and around the CMC East Main depot site; and
WHEREAS, there are within the site areas of observed asbestos and areas of potential
asbestos as described on Attachment A which is incorporated herein; and
WHEREAS, within the Municipal Code of the City of Bozeman Section 12.12.030
provides, in part, that no person shall tear up any pavement or sidewalk, dig any hole or otherwise
excavate from any street, avenue, alley or public place without first having obtained a permit from
the Director of Public Service or its designee; and
WHEREAS, it is the desire and intention of the City Commission to develop and
implement the process of identifying observed and probable asbestos locations within the GIS
information system to be reviewed by city personnel before excavation permits can be obtained.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of
Bozeman, Montana:
Section 1
That the City of Bozeman, through its personnel including its city engineers shall
implement in its GIS mapping system the areas of observed and probable asbestos
within the CMC East Main depot site in such a manner that a person obtaining an
excavation permit will be informed that the permittee may be excavating in either
prospective or actual areas of asbestos.
Section 2
That the City of Bozeman will deliver in writing and keep current the Montana
Department of Transportation for its records areas of observed or probable asbestos
as set out on Exhibit AA@ and thereafter updated so that employees of MDT when
digging on highways in the areas on Exhibit AA@ under its jurisdiction are aware of
the map indicating known or probable areas of asbestos.
Section 3
That the permittee will be informed in writing should the permittee indicate
excavation will be in a known or probable area of asbestos that after the permit is
issued but before excavation commences, a Department of Environmental Quality
accredited inspector must be present and, if necessary, sample the property for the
presences of asbestos prior to disturbing the surface.
Section 4
In order to provide City employees with the information and locations of known
or probable asbestos, each department of the City having responsibility for utility
line installation, repair or removal shall be given and utilize the GIS information
system in excavating or repairing utility lines in the area described on Exhibit A.
PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana at
a regular session hereof held on the 5'" day of January, 2009.
ATTEST:
T CY L EN
City Jerk
TIMOTHY A. COOPER
Assistant City Attorney
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