HomeMy WebLinkAboutResolution 4180 Development and Implementation of Asbestos related information
COMMISSION RESOLUTION N0.4180
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 LOCATIONS OF OBSERVED
OR POTENTIAL ASBESTOS.
WHEREAS, the City of Bozeman, Montana designed and implemented a voluntary
cleanup plan for the abatement of asbestos in and around the CMC East Main depot site, also
known as the CMC Asbestos Bozeman Comprehensive Environmental Cleanup and
Responsibility Act Facility; 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 a process for identifying observed and potential asbestos locations within the GIS
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information system to be reviewed by city personnel before excavation permits can be obtained;
and
WHEREAS, certain actions are needed to be taken by the City of Bozeman as the lead
entity responsible for the cleanup of the entire area and which actions are meant to put in place a
protective plan for publicly owned and accessible areas prior to issuance of a determination by
the Montana Department of Environmental Quality and those actions include creation of a
training and awareness program for City employees, implementation of GIS-based tracking
system, a system for notification to the Montana Department of Transportation regarding the
possible existence of asbestos ore in the MDT right-of--way, and development of a special street-
cut permit for work in the area.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of
Bozeman, Montana:
Section 1
That the City of Bozeman, through its Public Service Department, will
incorporate into the appropriate City Health and Safety Plana 2-hour annual
asbestos awareness training for employees who may be involved in projects or
response actions in the areas of observed or potential asbestos, including but not
limited to Water/Sewer, Streets, and Public Service Department employees. The
asbestos awareness training will be implemented by providing annual training
with asbestos training course provider covering the OSHA required curriculum
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set forth in 29 CFR 1926.1101(k)(9)(vi) et. seq and as it applies to public sector
employees as per 24.30.102, ARM.
Section 2
That the City of Bozeman, through its personnel including its city engineers, shall
implement in its GIS mapping system the areas of observed, and potential
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 an observed or potential areas of asbestos.
Section 3
That the City of Bozeman will deliver in writing to the Montana Department of
Transportation (MDT) for its records a map that depicts areas of observed or
potential asbestos as set out on Exhibit "A" and thereafter updated annually so
that employees of MDT when digging on highways in the areas on Exhibit "A"
under its jurisdiction are aware of the map indicating observed or potential areas
of asbestos. Maps will specifically be delivered to the Bozeman Area Office of
the MDT Butte Division and to MDT Environmental Services in Helena.
Section 4
That an applicant for astreet-cut permit will be informed in writing by the City
that should the applicant indicate on the permit application that excavation will be
in an observed or potential area of asbestos contamination as indicated through
the GIS, a provision for the proper management of any asbestos encountered,
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including removal, transportation, and disposal, of asbestos contamination by a
State of Montana accredited abatement and permitted asbestos project contractor
shall be required. If so, it shall be required that a State of Montana accredited
asbestos project contractor/supervisor must be present during the excavation of
each new area to provide visual identification of any asbestos. If suspected
asbestos contamination is encountered, the Montana accredited project
contractor/supervisor shall collect samples of the suspected asbestos containing
material on the property to determine the presence or absence of asbestos. If
asbestos is present, the permittee shall properly manage the asbestos in
compliance with all local, state and federal laws and regulations.
Section 5
In order to provide City employees with the information and locations of observed
and potential asbestos, each department of the City having responsibility for
utility line installation, repair or removal and street and sidewalk installation and
repair shall be given and utilize the GIS information system in excavating or
repairing utility lines, streets and sidewalks in the area described on Exhibit "A".
This resolution shall be in full force and effect 30 days after its final adoption.
PASSED AND ADOPTED and approved by the City Commission of the City of
Bozeman, Montana at a regular session hereof held on the 22°d day of June, 2009.
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J FK
uty ayor
ATTEST:
STACY EN, C C
City Clerk
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TIMOTHY A. COOPER
Assistant City Attorney