HomeMy WebLinkAbout1956 ResolutionN, Mayor
ATT APP
V IN WELLS, City Clerk RUBSTELLO, City Attorney
ED AS TO ORM:
RESOLUTION NO. 1956
A RESOLUTION approving the agreement between the
Benton-Franklin Health District and the Department of
Ecology for the performance of specific functions
assigned by Chapter 70.95 RCW to the District over solid
waste handling in respect to a solid waste facility
located on the Hanford Nuclear Reservation.
WHEREAS, the Pasco City Council believing that the permit
process for the handling of solid waste and solid waste storage
facilities located on the Hanford Nuclear Reservation is best
handled by the State Department of Ecology since the district is
without the expertise or enforcement capabilities with respect
thereto; and
WHEREAS, the Washington State Department of Ecology has
agreed to enter into an agreement with the District to perform
those functions assigned by 70.95 RCW to the District concerning
solid waste handling in respect to a solid waste facility located
on the Hanford Nuclear Reservation; and
WHEREAS, RCW 70.95.163 authorizes the Department of
Ecology to enter into such contract with District with the
approval of the legislative authorities the district serves, now,
therefore,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO
RESOLVE AS FOLLOWS:
Section 1. That certain memorandum of agreement, a copy
of which is attached hereto and incorporated by reference herein,
is hereby approved by the Pasco City Council.
PASSED by the City Council and APPROVED by the Mayor this
/5- day of April, 1991.
MEMORANDUM OF AGREEMENT
THIS AGREEMENT is a valid, binding contract made and entered into between
the STATE OF WASHINGTON, acting by and through the DEPARTMENT OF ECOLOGY,
hereinafter called the DEPARTMENT, and the Benton-Franklin County Health
District, hereinafter called the DISTRICT.
DISTRICT'S Legal Address and Telephone Number:
Benton-Franklin District
Health Department
506 McKenzie
Richland, WA 99352
(509) 943-2614
WITNESSETH
WHEREAS, the State of Washington has entered into an agreement with the
Environmental Protection Agency and the Department of Energy, known as the
Tr-Party Agreement, which provides for extensive regulation of solid and
hazardous waste activities at the Hanford facility which will require a
coordinated regulatory effort that minimizes duplication of effort; and
WHEREAS, the DISTRICT is provided with jurisdiction over solid waste
handling facilities under chapter 70.95 RCW; and
WHEREAS, RCW 70.95.163 authorizes the DISTRICT to contract with the
DEPARTMENT to provide for the exercise by the DEPARTMENT of any power
granted to the DISTRICT by chapter 70.95 RCW; and
WHEREAS, the legislative bodies served by the DISTRICT have approved entry
of the Agreement (attached as Appendix A); and
WHEREAS, historically the Federal government has denied jurisdiction to the
Hanford Reservation to the DISTRICT for enforcement of the solid waste laws
under chapter 70.95, and
WHEREAS, the DISTRICT has been unable to enforce chapter 70.95 RCW as a
result of the actions of the Federal government;
NOW, THEREFORE, IN CONSIDERATION OF MUTUAL BENEFITS TO BE DERIVED FROM THIS
AGREEMENT, THE DEPARTMENT AND DISTRICT agree as follows:
1. SCOPE OF SERVICE
The DEPARTMENT agrees to perform specific functions assigned by chapter
70.95 RCW to the DISTRICT over solid waste handling in respect to a
solid waste facility located on the Hanford Reservation and owned and
operated by the United States of America, its agencies, contractors,
successors, or assigns.
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The DEPARTMENT shall be authorized and shall have exclusive power and
authority for the issuance and enforcement of a solid waste permit for
an application by the Federal government received by the DISTRICT on
January 31, 1991. The permit covers a facility located approximately
in portions of Sections 19, 20, 29, 30, Township 12 North, Range 27
East, Benton County, Washington.
Nothing herein shall affect the jurisdiction of the DISTRICT over solid
waste handling facilities other than the one covered by the Federal
government's application of January 31, 1991, hereinbefore described.
2. PERFORMANCE
a. Effective Date: The effective date of this agreement shall be the
date it is signed by the Assistant Director for Waste Programs of
the DEPARTMENT. Prior to signature of this Agreement, the DISTRICT
has obtained the approval of the legislative authority (ies) which
it serves as required by RCW 70.95.163. Said approvals are
attached hereto as Appendix A.
b. Duration: This agreement shall be valid and binding upon the
parties until otherwise terminated in accordance with paragraph 3
of this Agreement.
c. Reporting: The DEPARTMENT shall provide the DISTRICT with notice
of issuance of all final permits and determinations made under the
State Environmental Policy ACT (SEPA), chapter 43.21C RCW and
197-11 WAC. For any action taken pursuant to the authority
conferred by this Agreement, the parties agree that the DEPARTMENT
shall be the lead agency for SEPA purposes.
3. TERMINATION OF AGREEMENT
a. Upon Notice: This agreement shall be reviewed every ten (10) years
by the parties. Within thirty (30) days of the anniversary date of
this contract in 2001, and each ten-year period thereafter, either
party may terminate this contract by providing written notice of
such termination and specifying the effective date thereof, at
least one hundred eighty (180) days before the effective date of
termination.
b. Upon Agreement: This Agreement may be terminated upon the written
agreement of the DEPARTMENT and the DISTRICT. Prior to entering
into any agreement to terminate this Agreement, the DISTRICT shall
obtain the approval of the legislative bodies which it serves.
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4. INDEMNIFICATION
The DEPARTMENT shall indemnify, defend and hold harmless the DISTRICT,
its officers, agents and employees', from and against any and all
claims, losses or liability, including attorney's fees, arising from
injury or death to persons or damage to property occasioned by an act,
omission or failure of the DEPARTMENT, its officers, agents and
employees, in performing the work tequired by this agreement.
With respect to the performance of this Agreement and as to claims
against the DISTRICT, its officers, agents and employees, the
DEPARTMENT expressly waives its immunity under Title 51 of the revised
code of Washington, the Industrial Insurance Act, for injuries to its
employees and agrees that the obligation to indemnify, defend and hold
harmless, provided for in this paragraph, extends to any claim by or on
behalf of any employee of the DEPARTMENT. This waiver is mutually
negotiated by the parties.
This paragraph shall not apply to any damage resulting from the sole
negligence of the DISTRICT, its agent and employees. To the extent any
of the damages referenced by this paragraph were caused by or resulted
from the concurrent negligence of the DISTRICT, its agents or
employees, this obligation to indemnify, defend and hold harmless is
valid and enforceable only to the extent of the negligence of the
DEPARTMENT, its officers, agents and employees.
5. MISCELLANEOUS PROVISIONS
a. Parties Bound: This Agreement is binding upon the DEPARTMENT and
the DISTRICT and all successor agencies thereto.
b. Assignments: No right or claim arising under this Agreement may be
transferred or assigned.
C. Waiver: Waiver of a breach of any provision of this Agreement is
not a waiver of any subsequent breach and will not be construed as -
a modification of the terms of this Agreement unless stated as such
in writing by the authorized representative of the DEPARTMENT.
d. All Writing Contained Herein: This Memorandum of Agreement and
appendices attached hereto contain the entire understanding between
the parties, and there are no other agreements, understanding, or
representations set forth or incorporated by reference herein. No
subsequent modification(s) or amendment(s) of this Agreement shall
be of any force or effect unless in writing, signed by authorized
representative of the DISTRICT and the DEPARTMENT and made a part
of this original Agreement.
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IN WITNESS WHEREOF, the parties hereby execute this Memorandum of
Agreement.
STATE OF WASHINGTON BENTON-FRANKLIN DISTRICT
DEPARTMENT OF ECOLOGY HEALTH DEPARTMENT
TERRY HUSSEMAN
Assistant Director
Executive Secretary
Date Date
Approved as to Form
Chairman, Board of Health
Assistant Attorney General Date
Contract No.
Accounting Data
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