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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. -1- 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. -2- 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. -3- 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 -4-