HomeMy WebLinkAboutCity of Tamarac Resolution R-99-0701
Temp. Reso. #8558
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March 9, 1999
Rev. 1, March 18, 1999
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-99- 70
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO EXECUTE OPTION
TWO OF THE "DE MINIMUS" ADMINISTRATIVE ORDER;
AUTHORIZING A SETTLEMENT EXPENDITURE IN AN
AMOUNT NOT TO EXCEED $3,790.92; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Tamarac legally disposed of 840 gallons of waste oil at the
Petroleum Products Corporation (PPC) site, located on Pembroke Road near Interstate 95
in Pembroke Park, Florida, between October 1981 and 1984; and
WHEREAS, the PPC site has been designated a Superfund site due to the
presence of contaminated soils and groundwater; and
WHEREAS, any person who has arranged for the disposal of hazardous
substances deposited at a Superfund site is a responsible party under Section 107(a) of
CERCLA, and is liable to the United States for the costs incurred to respond to the
presence of hazardous substances at a Superfund site; and
WHEREAS the total costs to remediate the site are estimated to be in the range of
$17.7 million to $27.7 million; and
WHEREAS, certain parties notified in 1990 joined together to form what is called a
"Potentially Responsible Party" or "PRP" Group, known as the "PPC Superfund Site
Cooperating Parties Group"; and
Temp. Reso. #8558
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March 9, 1999
Rev. 1, March 18, 1999
WHEREAS, in December 1994, the City of Tamarac and over 2000 parties were
named as defendants in a lawsuit brought up by the PPC PRP Group in the United
States District Court for the Southern District of Florida; and
WHEREAS, based upon their agreement with United States Environmental
Protection Agency (EPA), the PPC PRP Group has agreed to dismiss from the lawsuit
every eligible party that accepts the De Minimis settlement offer, a copy of said offer
attached hereto as Exhibit "1 ", available to any party that sent a volume of waste oil
equal or lower than 100,000 gallons at the PPC site; and
WHEREAS, the De Minimis settlement offer contains two (2) settlement options,
one of which must be chosen by March 31, 1999, to be accepted by the PPC RPR Group;
and
WHEREAS, Option 2 of the De Minimis settlement agreement (administrative order)
provides maximum protection to the City of Tamarac against both volume and site costs
reopeners; and
WHEREAS, the Director of Public Works and Public Works Operations Manager
recommend that Option 2 of the De Minimis settlement offer be chosen; and
WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in
the best interest of the citizens and residents of the City of Tamarac to choose Option 2
of the De Minimis Settlement Offer.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA THAT:
1-1
1
1
Temp. Reso. #8558
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March 9, 1999
Rev. 1, March 18, 1999
SECTION 1: The foregoing WHEREAS clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this Resolution
upon adoption hereof.
SECTION 2: The appropriate City Officials are hereby authorized to execute
the De Minimis Administrative Order, a copy of said order attached hereto as Exhibit "1 ".
SECTION 3: A settlement expenditure in the amount not to exceed
$3,790.92 is hereby authorized.
SECTION 4: All Resolutions or parts of Resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
SECTION 5: If any provision of this Resolution or the application thereof to
any person or circumstance is held invalid, such invalidity shall not affect other provisions
or applications of this Resolution that can be given effect without the invalid provision or
application, and to this end the provisions of this Resolution are declared to be severable.
SECTION 6: This Resolution shall become effective immediately upon its
passage and adoption.
Temp. Reso. #8558
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March 9, 1999
Rev. 1, March 18, 1999
PASSED, ADOPTED AND APPROVED this day of 1999.
/ JOE SCHREIBER
MAYOR
ATTES
d
CAROL L , CMC/AAE RECORD OF COMMISSIO OTE
CITY CLERI< MAYOR SHRIEBER
DIST 1: COMM. PORTNER
I HEREBY CERTIFY that I DIST 2: V/M MISHKIN
app a this DIST 3: COMM. SULTANO
R TI N a o for DIST 4: COMM. ROBERTS
.1,
" MITCHELL S. KRi
CITY ATTORNEY
U:\adm correspondence\agendas\8558RES-DE Minimis Settlement Offer
IN THE MATTER OF:
Petroleum Products Corporation Superfund Site, Pembroke Park, Florida
De Mi uimis Administrative Order on Consent
U.S. EPA Docket No. 99-06-C
Signature Page for Respondent: City of Tamarac
THE UNDERSIGNED RESPONDENT or the SETTLING FEDERAL ENTITY enters into this
Consent Order in the matter of U.S. EPA, Docket No. 99-06-C, relating to the PETROLEUM
PRODUCTS CORPORATION SUPERFUND SITE, in BROWARD COUNTY,
PEMBROKE PARK, FLORIDA, and hereby selects the following Menu Option settlement.
Please indicate your selected Option with a check mark. Appendix B to this document contains
the de minimis cost matrix which further itemizes your payment option amount.
PAYMENT DUE
MENUOPTION 1.................................................... $1564.92
MENU OPTION 2.................................................... $3790.92
FOR RESPONDENT/SETTLING FEDERAL ENTITY:
CITY OF TAMARAC
Name of Respondent/
Settling Federal Entity
7525 NW 88 AVE, TAMARAC, FL 33321
Street Address
Signature
Robert S Noe, Jr,
Print Name...._-�--�_
MARCH 26 1999
Date
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