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.
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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
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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
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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
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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.
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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
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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
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