Number
050722
Version
ORIGINAL
Reference
Sponsor
THE CHAIR
Title
Resolution approving settlement of a claim by the United States Environmental Protection Agency against the City of Milwaukee.
Analysis
This resolution approves a Consent Agreement and Final Order to be entered into between the City of Milwaukee and the United States Environmental Protection Agency (Region 5) resolving a civil administrative action, and authorizes the appropriate city departments to implement the provisions of that Agreement and Order.
Body
Whereas, The United States Environmental Protection Agency ("USEPA") is the administrative agency charged with the responsibility for administering and enforcing federal environmental laws, including, among others, the Solid Waste Disposal Act ("SWDA"), 42 U.S.C. 6901 et seq., and its provisions pertaining to regulation of underground storage tanks, 42 U.S.C. 6991-6691(i); and
Whereas, 9006 of the SWDA (42 U.S.C. 6991(e)) authorizes the USEPA to commence and prosecute enforcement actions against persons found to be in violation of the requirements of the SWDA's provisions pertaining to regulation of underground storage tanks; and
Whereas, On February 12, 2003, the USEPA notified the City that it planned to file an administrative complaint seeking civil penalties against the City for alleged violations of the underground storage tank provisions relative to the monitoring of its underground tanks and preventative measures, and further stated that in the event that it proceeded to file a complaint against the City respecting these allegations, that it would propose the imposition of a civil penalty against the City in the amount of $51,215.00; and
Whereas, During the course of settlement discussions between the City and the USEPA, the USEPA indicated that under these circumstances, the City would be entitled to propose a "Supplemental Environmental Project" ("SEP"), as a partial offset to civil administrative penalties that the USEPA might otherwise seek and impose against the City arising from any violations of federal environmental statutes and regulations, in accordance with policy guidelines issued by the USEPA governing the design and implementation of SEP's; and
Whereas, The USEPA has approved the City's proposed SEP for performance of Phase II environmental and investigation upon the three properties in the City of Milwaukee, and has proposed a form of Consent Agreement and Final Order, which is appended to this file, and would simultaneously commence and settle the USEPA's civil administrative action against the City; and
Whereas, The City Attorney has reviewed the provisions of the appended Consent Agreement and Final Order and believes that, under the circumstances, they are reasonable and that approval thereof would be in the best interests of the City; and
Whereas, The appended Consent Agreement and Final Order requires approval by the Common Council of the City of Milwaukee before it may become effective; now, therefore, be it
Resolved, By the Common Council of the City of Milwaukee, that the appended Consent Agreement and Final Order entered into between the City of Milwaukee and the USEPA is hereby approved; and, be it
Further Resolved, That the proper city officers be and hereby are authorized and directed to expend the amount of $56,000.00 representing the total cost of the three Phase II environmental inspection and testing projects constituting the "Supplemental Environmental Project," the completion of which is required under the terms of the appended Consent Agreement and Final Order, said funds to be paid from DPW Departmental Account No. BU11091500; and, be it
Further Resolved, That the proper city officers be and hereby are authorized and directed to issue a check in the amount of $9,000.00 to the United States government (or otherwise as directed by the USEPA) in full and final payment of the civil administrative penalty required to be paid by the City under the terms of the appended Consent Agreement and Final Order, said funds to be paid from DPW Departmental Account No. BU11091500; and, be it
Further Resolved, That the proper city departments and officers are hereby authorized and directed to take all further measures as may be necessary to comply with and implement the provisions of the appended Consent Agreement and Final Order, and to assure the successful completion of those measures and their ratification by the USEPA.
Requestor
City Attorney
Drafter
Stuart S. Mukamal
SSM:lmb
9/22/05
1077-2003-653:96996
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