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HomeMy WebLinkAboutResolution No. 4356, Providing Procedures for protecting persons working in vicinity of Bozeman Solvent Site1 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Debbie Arkell, Director of Public Services Tim Cooper, Staff Attorney SUBJECT: Resolution No. 4356 Providing Procedures for the Purpose of Protecting and Informing Persons Performing Trench and/or Excavation Work in the Vicinity of the Bozeman Solvent Site MEETING DATE: February 13, 2012 AGENDA ITEM TYPE: Consent RECOMMENDATION: Authorize Mayor Becker to Sign Resolution No. 4356 Providing Procedures for the Purpose of Protecting and Informing Persons performing Trench and/or Excavation Work in the Vicinity of the Bozeman Solvent Site BACKGROUND: In 1989, tetrachloroethene (PCE) was detected in a public water supply well north of what is now known as the Hastings Shopping Center. The contamination was traced to a dry cleaning business located in the shopping center that released PCE into the sewer system. The dry cleaner had been in business since 1960. From 1960 until 1964, the shopping center sewer system consisted of an on-site septic tank and drainfield. In 1964, the shopping center was connected to the city’s sewer system. In August 1970, the city was “deeded” the sewer main and manholes of the shopping center sewer system. The old sewer lines and septic tank were not removed. As a result, PCE remained in the sewer lines and septic tank, and eventually seeped into the ground and groundwater, thus causing contamination to area wells. In 1990, the Bozeman Solvent Site (BSS) was identified as a maximum priority state Superfund Facility listed on the Montana Comprehensive Environmental Cleanup and Responsibility Act (CECRA) priority list. As such, the Montana Department of Environmental Quality (DEQ) dictates the clean-up actions that must occur on this site. The City was found to be a Liable Party, and the City and shopping center owners have since been working with DEQ to resolve the issue. In August 2011, the Montana Department of Environmental Quality (DEQ) issued the Record of Decision for the solvent site. This document is available on DEQ’s website at http://deq.mt.gov/statesuperfund/bozeman_solvent.mcpx. The Record of Decision describes the remedy for the contamination, which includes institutional controls, long-term groundwater monitoring, city water connections, new or deeper replacement drinking water wells, treatment of the on-site residual source and soil vapors beneath the building, and the monitoring of the off- site dissolved contamination in groundwater. 34 2 One of the institutional controls listed in the Record of Decision requires the City to ensure fresh air mechanical ventilation is provided during certain excavation and/or trenching activities for an area identified by the DEQ. The following DEQ directed actions are required to inform persons performing trench and/or excavation work in the identified area when fresh air mechanical ventilation is required during trenching operations. Staff has already implemented these actions, and has also developed Standard Operating Procedures to be followed by Public Services Department personnel. Resolution No. 4356 formalizes these actions: • Implementation of a GIS-based tracking system for permits applied for within the area associated with the Bozeman Solvent Site as identified by the Record of Decision; • Providing for fresh air mechanical ventilation requirements in conjunction with the issuance of Residential Building Permits, Commercial Building Permits, Water/Sewer Connection Permits, Water/Sewer Extension Permits, Street Cut Permits, and Sidewalk Permits; and • Create a process to verify that valid permits are in place for activities which the City of Bozeman is notified of through the One-Call Notification Center; • Provide inspection and enforcement to ensure ventilation requirements are met when required. UNRESOLVED ISSUES: None identified ALTERNATIVES: None identified. As directed by the City Commission. FISCAL EFFECTS: The cost to implement the required trench/excavation ventilation requirements is minimal and is limited to printing and copying costs for permits, and staff time needed to review, issue, inspect, and enforce permits issued within the identified area. This work will be performed by current personnel. Cc: Jeni Reece, Esq jenireece@qwestoffice.net Richard Hixson, City Engineer Kate Fry, DEQ DPS File: BSS/ROD Attachments: Resolution No. 4356, including Exhibits A and B Report compiled on: January 26, 2012 35 Page | 1 COMMISSION RESOLUTION NO. 4356 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING PROCEDURES FOR THE PURPOSE OF PROTECTING AND INFORMING PERSONS PERFORMING TRENCH AND/OR EXCAVATION WORK IN THE VINICITY OF THE BOZEMAN SOLVENT SITE WHEREAS, the City of Bozeman, Montana is a Liable Party as discussed in the Record of Decision – Bozeman Solvent Site issued by the Montana Department of Environmental Quality (MDEQ) August 2011; and WHEREAS, the Record of Decision requires that fresh air mechanical ventilation be provided during certain excavation and/or trenching activities for an area associated with the Bozeman Solvent Site; and WHEREAS, the Record of Decision requires the City of Bozeman to address the fresh air mechanical ventilation requirements in conjunction with the City of Bozeman’s permitting system for activities associated with trench and/or excavation activities; and WHEREAS, the appropriate permits currently issued by the City of Bozeman to address this requirement include Residential Building Permits, Commercial Building Permits, Water/Sewer Connection Permits, Water/Sewer Extension Permits, Street Cut Permits, and Sidewalk Permit; and WHEREAS, City of Bozeman Municipal Code Section 34.02.030 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 City of Bozeman; and WHEREAS, City of Bozeman Municipal Code Section 38.34.100 provides, in part, no building or other structure shall be erected, moved, added or structurally altered without obtaining a permit from the City of Bozeman; and 36 Page | 2 WHEREAS, City of Bozeman Municipal Code Sections 40.02.1100 and 40.02.1110 provides, in part, that no person or contractor shall introduce water to a premise or otherwise make any alterations, additions or extensions to the City’s water system without first securing a permit from the City of Bozeman; and WHEREAS, City of Bozeman Municipal Code Sections 40.03.680 and 40.03.690 provides, in part, that an application must be made to the City of Bozeman for the use of sewers from an existing service and to introduce sewer service to a premise, prior to installation; and WHEREAS, it is the desire and intention of the City Commission to develop and implement a permit process providing for fresh air mechanical ventilation during certain excavation and/or trenching activities for an area associated with the Bozeman Solvent Site as required pursuant to the Record of Decision; and WHEREAS, certain actions need to be taken by the City of Bozeman to implement the requirements of the Record of Decision as directed by the Montana Department of Environmental Quality and those actions include: • Implementation of a GIS-based tracking system for permits applied for within the area associated with the Bozeman Solvent Site as identified by the Record of Decision; • Provide for fresh air mechanical ventilation requirements in conjunction with the issuance of Residential Building Permits, Commercial Building Permits, Water/Sewer Connection Permits, Water/Sewer Extension Permits, Street Cut Permits, and Sidewalk Permits; • Create a process to verify that valid permits are in place for activities which the City Bozeman is notified of through the One-Call Notification Center; and • Provide inspection and enforcement to ensure ventilation requirements are met when required. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana: That the City of Bozeman, through its employees, including but not limited to its Engineering and Information Technology departments, shall implement in its Geographic Information System (GIS) mapping systems the area identified by the Record of Decision as being subject to fresh air mechanical ventilation requirements (attached as Exhibit A) in such a manner that a person obtaining an applicable permit will be informed of the fresh air mechanical ventilation requirements. Section 1 37 Page | 3 That an individual submitting an application for a Residential Building Permit, Commercial Building Permit, Water/Sewer Connection Permit, Water/Sewer Extension Permit, Street Cut Permit and/or Sidewalk Permit in the area identified by the Record of Decision as being subject to fresh air mechanical ventilation requirements (Exhibit A) will be notified by City personnel of the fresh air mechanical ventilation requirements and will be required to complete an additional form – Trench/Excavation Ventilation Requirements for the Bozeman Solvent Site Area (see attached Exhibit B) to determine if trench/excavation ventilation is required. If trench/excavation ventilation is required, the City Engineer or designee will conduct daily site inspections to ensure the required trench/excavation ventilation is in place. Work conducted in violation of the trench/excavation ventilation requirements will be issued a Stop Work Order and any or all of the permits issued for construction may be revoked. Section 2 That in order to ensure appropriate City of Bozeman personnel are advised of the information and requirements for the fresh air mechanical ventilation requirements in the area identified by the Record of Decision as being subject to fresh air mechanical ventilation requirements, each department of the City having responsibility for issuing Residential Building Permits, Commercial Building Permits, Water/Sewer Connection Permits, Water/Sewer Extension Permits, Street Cut Permits and/or Sidewalk Permits, and all departments of the City of Bozeman which may perform work including utility line installation and repair, or any street or sidewalk installation and repair, shall be informed of the GIS mapping system showing the area identified by the Record of Decision as being subject to fresh air mechanical ventilation requirements (Exhibit A), and shall be given the Trench/Excavation Ventilation Requirements for the Bozeman Solvent Site Area form (Exhibit B), with said form being returned to and signed off by the City of Bozeman Engineering Department prior to excavation within the subject area. Section 3 This resolution shall be in full force and effect upon adoption. 38 Page | 4 PASSED AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 13th day of February, 2012. ___________________________________ SEAN A. BECKER Mayor ATTEST: ________________________________________ STACY ULMEN, CMC City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 39 40 CITY OF BOZEMAN EXHIBIT B Trench/Excavation Ventilation Requirements For the Bozeman Solvent Site Area This form is only for trenching and excavation activities in the area at and around the Hasting Shopping Center related to the Bozeman Solvent Site and specifically depicted on the attached Figure 1. For more information, contact the City Engineer’s Office. You must submit a copy of this form at the time the following applications are submitted. • Street Cut Permit • Water and/or Sewer Connection or Extension Permit • Sidewalk Permit • Residential or Commercial Building Permit A copy of the completed form will be sent to the Montana Department of Environmental Quality (MDEQ). 1. Attach a drawing or sketch showing the approximate location and dimensions of the proposed trench and/or excavation. 2. Provide the following information for the trenching and/or excavation activities to be completed in the subject area: Trench/excavation length___________________________*Length may not be greater than 100 feet. Trench/excavation width ____________________ Trench/excavation depth ______________________ 3. Consult the attached table: Trench Excavation Scenarios Requiring Fresh Air Mechanical Ventilation – Bozeman Solvent Site. Is fresh air mechanical ventilation required? ____ Yes ____ No I agree that the representations of this form are true and accurate. I agree that if the information provided above is to change for any reason, I will notify the City of Bozeman by submitting an updated Trench/Excavation Ventilation Requirements for Bozeman Solvent Site Form. By providing the signature below, I agree that if fresh air mechanical ventilation is required as indicated above, I will provide such ventilation at any and all times an individual is in the trench or excavation area. I acknowledge that if such ventilation is not provided, a Stop Work Order will be placed on the project and all permits may be revoked. AUTHORIZED SIGNATURE: ___________________________DATE: ___________ Reviewed by: __________________________________________________________ Date: ________________ City Engineer or Designee TRENCH VENTILATION REQUIRED: ____ YES ____ NO 41