ORDINANCE No. 178117

*Authorize Intergovernmental Agreement with Department of Environmental Quality for regulatory oversight related to contamination management of various capital improvement and operating projects (Ordinance)

The City of Portland ordains:

Section 1.  The Council finds:

1.  The Bureau of Environmental Services Special Waste Division performs environmental assessments for various capital and operating projects within the Portland Metropolitan area.

2.  DEQ’s Voluntary Cleanup and Independent Cleanup Programs provide regulatory oversight and guidance for environmental cleanup projects. DEQ’s Underground Storage Tank Section provides regulatory oversight and guidance for leaking underground storage tank projects. DEQ’s Perspective Purchase Agreement Program provides regulatory concurrence for prospective contaminated site purchases. BES has determined that such oversight will ensure that the projects will proceed on schedule and in a manner that is protective of human health and the environment.

3.  BES and the Office of the City Attorney recommend entering into the agreement with DEQ to reduce the City’s environmental cleanup liability. Oversight service related to these various capital improvement and operating projects may continue for a period of at least five years.

4.  The established cost is $150,000 per year. Funds are available in the Sewer System Operating Fund, F/Y 2003-04 Budget, Bureau of Environmental Services, Center Code 14522110 and/or 14514130, Various Project Numbers, Account No. 521000.

5.  That funds are requested in the F/Y 2003-04 budget and will be requested in subsequent budgets during the term of the Agreement.

NOW, THEREFORE, the council directs:

a.  The Director of the Bureau of Environmental Services and Auditor are authorized to enter into an Intergovernmental Agreement with DEQ to provide regulatory oversight services in the amount of $150,000 annually, substantially in the form of Exhibit A, attached hereto, for the purposes described above in Section 1.

 b.  The Auditor is hereby authorized to draw and deliver warrants chargeable to the Sewer System Operating Fund Budget when demand is presented and approved by the proper authority.

Section 2.  The Council declares that an emergency exists because environmental investigation for these various capital improvement and operating projects must proceed immediately to meet construction schedules; therefore, this ordinance shall be in full force and effect from and after its passage by the Council.

Passed by the Council, December 31, 2003    Gary Blackmer

Commissioner Dan Saltzman        Auditor of the City of Portland

             By /S/ Susan Parsons

Julie Berry

October 20, 2003            Deputy

14522110 and/or 14514130 / 521000 / Various Projects

BACKING SHEET INFORMATION

AGENDA NO. 1453-2003

ORDINANCE/RESOLUTION/COUNCIL DOCUMENT NO. 178117