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HomeMy WebLinkAbout2580 Resolution s � RESOLUTION NO. SL A RESOLUTION APPROVING THE INSTITUTIONAL CONTROLS AGREEMENT AND THE INDEMNITY AGREEMENT REGARDING THE PASCO SANITARY LANDFILL AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENTS ON BEHALF OF THE CITY. WHEREAS, The Pasco Sanitary Landfill operated for many years, accepting household garbage and hazardous waste for disposal; WHEREAS, the city granted franchises to private companies permitting those companies to collect solid waste from city residents and from city facilities; and WHEREAS, the franchised companies disposed of solid waste collected within the city at the landfill; and WHEREAS, private companies and governmental agencies other than the City of Pasco deposited hazardous waste at the landfill; and WHEREAS, the Department of Ecology has concluded that the landfill has contributed to groundwater contamination under and adjacent to the landfill, and that the landfill must be closed and groundwater remediated; and WHEREAS, the city may have some liability for a portion of the required landfill remediation; and WHEREAS, various landfill users have threatened to file legal action asking a court to determine each landfill user's financial contribution toward Ecology-approved landfill remediation; and WHEREAS, various landfill users, including the City of Pasco, have voluntarily agreed to implement certain Ecology-approved landfill remediation as set forth in an Institutional Controls Agreement between the city and various landfill users and an Indemnity Agreement between the City of Pasco and Basin Disposal; and WHEREAS, the Institutional Controls Agreement and the Indemnity Agreement resolves threatened litigation against the city and other landfill users; and WHEREAS, the city has determined that it is in the public interest and best interest of the City of Pasco to enter into the Institutional Controls Agreement and the Indemnity Agreement; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO RESOLVE AS FOLLOWS: Section 1. That the Pasco City Council,hereby approves the Institutional Controls Agreement and the Indemnity Agreement and authorizes the City Manager to execute the Agreements on behalf of the city. PASSED by the City Council of the City of Pasco at a regular meeting this 1-7- day of March, 2001. CITY OF PASCO: � - t ichae l L. Garrison, Mayor ATTEST: Catherine D. Seaman Leland B. Kerr Deputy City Clerk City Attorney