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CR 88-111 Approval Landfill Closure Order .. June 2, 1988 Council Report: 88-111 APPROVAL OF LANDFILL CLOSURE ORDER Proposed Action. staff recommends adoption of the following motion: "Move to ~ccept the terms of the negotiated Closure Order ang m!t;.porize the Mayor and City Manager to siqn the Order". Adoption of this motion will result in the City accepting responsibility to perform a number of post-closure activities including studying the effects of decomposition gases and water pOllution of the landfill. The Council will also be accepting responsibility to correct any problems . discov9red in the area of decomposition gases. 9verview. In the fall of 1987 the City was informed that the MPCA desired to enter into an agree~ent on the closure and monitoring of the landfill. Council hired RiCA Johnston of -'. Braun Engineering and Dick Nowlin of Larkin, Hoffman, Daly and Lindgren Ltd. to negotiate on behalf of the City on this matter. staff and the consultants have met several times with the MPCA staff and have negotiated the attached Closure Order. Primary Issues of Concern. o Does the City have to sign the Order? o Does the negotiated order provide a limited impact on the City? o What is the long term financial impact on the City? o How does the agreement effect the city.s ability to use the landfill? Supporting Documentation. o Staff Analysis of Issues o Alternatives o Proposed Closure Order o Memorandum by Dick Nowlin o Memorandum by RiCA Johnston . ~~~ .~~- Steven c. Mielke ., Community Development Director '- ~ .~~ Council Report 88-111 Page 2 Staff Analysis of Issues. - Does the city have to sign the Order? The city has attempted to show good faith by working on the landfill study. We have negotiated what seems to be a good compromise. The City could refuse to sign the order and not be bound by it's contents. However, the MPCA has the ability to get a court order to require the City to pay for the work. In so doinq, the MPCA could impose ~Qre restrictive orders than have been negotiated. The City could proceed to do the work without signing the order. It is unknown how tho MPCA would approach that circumstance but they would probably be less cooperativee ~ Previous Council discussion has indicated a desire to neqotiate the be~t alternative order and sign it so we are limited to what we must do on the site. - Does the negotiated order provide a limited impact on the city? The attached memorandu~ form the consultants indicate that we have been able to avoid monitoring of activities off the landfill site. This is less than the MPCA originally wanted and is a limiting factor. We also ~re not agreeing to perform water pollution clean-up; if any is found to be necessary. - What is the long term financial impact on the city? The tasks which will need to be performed is estimated at $95,960.00. This figure does not include any remedial actions found to be necessary as a result of the study. The study period is about 2 fiscal years in length and the cost of this analysis will be spread across those years. As soon as the results cf the study are completed, remedial costs can then be determined. Some of the long term monitoring requirements will exist for 18 years and there will be some cost for that monitoring. -,..-- .,-~ ~ . Council R&port 88-111 P&ge 3 - How does the agreement affect the City's ability to use the landfill? Plans to construct a recreational use of the landfill will be difficult until the majority of the study is completed. MPCA is concerned about the impacts of land uses on the lanfill. Any use of the landfill for a new or even existiny leases should be carefully reviewed prior to action. Alternativ~s. 1. Approve the negotiated closure order and authorize it to be signed. This alternative will require the city to study the landfill and require remedial action on decomposition qases it necessary. 2. Conduct the studies as laid out in the closure order e but not sign the order. This will allow the City to pisrform. the work without the binding contract. However, MPCA may order additional work done at our cost. 3. 00 nothing or negotiate. This is a c~~ination approach which would require the MPCA t/:) d~~ide whether they wish to order work clone or to neqotiate further with the City.