HomeMy WebLinkAboutC6. Agmnt CVS and Tasman Solvent Site
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission FROM: Tim Cooper, Assistant City Attorney
SUBJECT: Bozeman Solvent Site Agreement for Environmental Services
MEETING DATE: December 28, 2015
AGENDA ITEM TYPE: Consent
RECOMMENDATION: Authorize the City Manager to execute the Agreement for
Environmental Services with CVS Pharmacy, Inc., and Tasman Geosciences, Inc.
BACKGROUND: In 1990, the Bozeman Solvent Site (BSS), north of what is now known as the Hastings Shopping Center, was identified as a maximum priority state Superfund Facility
listed on the Montana Comprehensive Environmental Cleanup and Responsibility Act (CECRA)
priority list. The City was found to be a Potentially Liable Party, and the City and shopping
center owners have since been working with Montana Department of Environmental Quality
(MDEQ) to resolve the issue.
In August 2011, the MDEQ issued the Record of Decision (ROD) for the solvent site. The ROD
identifies the remedies and actions required for remediation of the site. The MDEQ, City of
Bozeman and CVS Pharmacy, Inc. then entered into an Administrative Order of Consent (AOC)
in January of 2012. The ROD and AOC specifically delineate the remediation to be completed for the BSS. The AOC serves as the legal mechanism for the implementation of the selected
remedies identified in the ROD.
The responsible parties initially retained Maxim Technologies, Inc. as the engineering firm to
complete remediation work. In 2008, project coordinate Mike Ellerd transferred from Maxim to ATC Associates. The parties at that time determined it was in the best interest of the project for
Mr. Ellerd to continue as Project Manager, and therefore entered into an agreement with ATC
Associates. James Sullivan of ATC also began working with Mr. Ellerd on the project. After
working on the project for nearly two decades, Mr. Ellerd stepped aside and Mr. Sullivan became
project coordinate.
James Sullivan recently joined Tasman Geosciences, Inc. Given his long involvement and
experience with the project – and also his good rapport with the MDEQ – the staff, consulting
attorneys and CVS feel it is in the best interest of the project for Mr. Sullivan to continue as
Project Manager. Accordingly, staff recommends that the City and CVS terminate, for convenience, the 2008 agreement with ATC. Tasman is willing to enter into the Agreement for
Environmental Services previously negotiated with ATC.
UNRESOLVED ISSUES: None identified
47
ALTERNATIVES: None identified. As directed by the City Commission.
FISCAL EFFECTS: The City and CVS are required to cover the costs associated with the remediation of the BSS provided for in the AOC as well as MDEQ cost recovery for its oversight
of the project. An estimated budget is prepared each fiscal year. These costs estimates are
incorporated into the City’s rate models for our Wastewater Utility charges. The transfer of the
project to Tasman will not result in additional costs.
Attachments: Agreement for Environmental Services
Report compiled on: December 11, 2015
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69