Ordinance 2989-07 - Laserfiche WebLink

and acknowledged the City's lead agency status with regard to the post-closure maintenance of the landfill site; and WHEREAS, the landfill site was the subject of a final court approved Consent Decree entered into between the City and Ecology dated April 2, 2001 ("Consent Decree"), which includes a Restrictive Covenant dated January 14, 2002 ("Restrictive Covenant") and a final Cleanup Action Plan ("CAP") (collectively, "CAP/CD") under RCW 70.105D, the Model Toxics Control Act ("MICA"); and WHEREAS, the CAP/CD sets forth certain conditions and requirements imposed to protect public health, the environment and the integrity of the remedial actions that have been taken on the landfill site; and WHEREAS, RCW 70.95 provides that its procedural requirements shall not apply to any person conducting a remedial action at a solid waste facility under a consent decree issued under MTCA, and that Ecology shall ensure compliance with substantive standards through such consent decree; and WHEREAS, the CAP/CD expressly states that the minimum functional standards, as provided by RCW 70.95 and WAC 173-304 are the applicable standards incorporated into the CAP/CD and shall be applied as specified in the CAP/CD to the remedial actions required for the implementation and long-term protectiveness of the landfill site closure; and WHEREAS, the conditions and requirements imposed by the above-referenced documents involve the construction, maintenance and operation of systems, sites and facilities for the management, storage, collection, treatment and/or disposal of solid waste and thus falls under the purview of the Utility's statutorily prescribed purpose; and WHEREAS, on February 21, 2007, the City agreed to sell the City property adjacent to the Snohomish River, including, among other parcels, the landfill site, to a developer; and WHEREAS, pursuant to Section 3.6.1 .1 of the Consent Decree, despite the sale of the landfill site, the City will maintain certain CAP/CD requirements and may allocate responsibilities for remedial and compliance activities as agreed to between the City and the developer; and WHEREAS, Exhibit C of the CAP/CD requires certain mitigation and remedial actions in the event of development, including, but not limited to, design and construction related to stormwater management, leachate controls, subdrainage, landfill gas controls, methane monitoring system, subgrade preparation and utility installations, low permeability barrier/cap/geomembrane, and other measures to prevent contact with waste, its off-gases and leachate; and 2