HomeMy WebLinkAboutR-1997-128 Groundwater Monitoring wellsA Resolution
RESOLUTION NO. R- 97- 128
authorizing the installation of groundwater monitoring and
aquifer pumping wells in City of Yakima rights-of-way for the
purpose of acquiring additional information for the Yakima
Railroad Area remedial investigation required by the Department
of Ecology of certain persons and entities, not including the City of
Yakima.
WHEREAS, as part of its Yakima Railroad Area activities, the Department of
Ecology ("Ecology") of the State of Washington has, by Consent Decree CY-96-3196-
WFN lodged in the United State Federal District Court for Eastern Washington (to
which consent decree the City of Yakima is not a party), agreed with a number of
persons and entities that they shall be responsible to provide a remedial
investigation of the groundwater aquifer under the City of Yakima, which remedial
investigation shall be conducted under Ecology's direction; and
WHEREAS, as part of the Railroad Area remedial investigation required by Ecology
of the parties to the Consent Decree, and in order to acquire scientifically necessary
information, Ecology requires that the parties provide groundwater monitoring and
aquifer pumping wells both on their properties where soil contamination has been
found, and off those specific properties and outside the area where groundwater is
believed to be affected by contamination; and
WHEREAS, Ecology has requested an agreement with the City to locate 28
groundwater monitoring and/or aquifer pumping wells outside the area where
groundwater is believed to be affected by Railroad Area contamination in 14
locations in City of Yakima rights-of-way; and
WHEREAS, RCW 70.105D.090 exempts Ecology from the procedural, but not the
substantive requirements of laws requiring local government permits or approvals,
for remedial actions such as the Railroad Area remedial investigation; and
WHEREAS, Ecology's request appears in most respects to be comparable to a request
for permission to use City right-of-way, and consistent with the substantive
requirements of chapter 8.20 Yakima Municipal Code, Ecology agrees to indemnify
and hold the City harmless against liability from damage resulting from Ecology's
occupancy of or activities on City rights-of-way under the requested agreement to
the extent of at least: one hundred thousand dollars for any incident of personal
injury or death; three hundred thousand dollars aggregate for any single accident or
occurrence; and fifty thousand dollars property damage; and
WHEREAS, Ecology acknowledges that the City's right-of-way interest is essentially
an easement so that the City's permission to install monitoring and aquifer
pumping wells in City right-of-way cannot be understood to represent the rights of
any other persons or property which may be affected by Ecology's activities; and
WHEREAS, Ecology has committed to indemnify and hold the City harmless
against any claims that may be asserted against the City either by third parties or on
account of other property which may be affected by Ecology's installation and
maintenance of groundwater monitoring and aquifer pumping wells in City right-
of-way pursuant to the City's permission; and
WHEREAS, during the first twelve months, water sample will be taken quarterly;
and
WHEREAS, Ecology expects that sampling will continue for at least 5 years,
although possibly less frequently than quarterly,
WHEREAS, Ecology will be the owner of the groundwater monitoring and aquifer
pumping wells in City of Yakima rights-of-way; and
WHEREAS, The monitoring and aquifer pumping wells Ecology requests to locate
in City right-of-way will be installed to finish flush with the existing surface at the
location; and
WHEREAS, Ecology agrees to ensure proper disposal of soil displaced by the
monitoring and aquifer pumping wells; and
WHEREAS, Ecology agrees to ensure that appropriate steps will be taken to avoid
conflicts with existing or future underground utilities; and
WHEREAS, Ecology agrees to ensure that appropriate steps will be taken to avoid
conflicts with existing or future City street maintenance programs including
without limitation snowplowing and pavement maintenance and replacement; and
now therefore:
BE IT HEREBY RESOLVED:
The City Manager and the City Clerk are authorized to execute an indemnification
agreement which has been reviewed and approved by the City Attorney and which
reflects the above premises.
ADOPTED this 7th day of October, 1997.
John Puccinelli, Mayor Pro Tem
ATTEST
1G'✓ "-cvv�c
Karen Roberts, City Clerk
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. /3
For Meeting Of 10/7/97
ITEM TITLE: Resolution providing for the Department of Ecology to install groundwater
monitoring wells in 14 locations in City right of way
SUBMITTED BY: RAYMOND L. PAOLELLA, CITY ATTORNEY
LAWWRENCE A. PETERSON, ASST. CIITY ATTORNEY
CONTACT PERSON/TELEPHONE: RAYMOND L. PAOLELLA, 575-6030
SUMMARY EXPLANATION: This proposed resolution authorizes the City Manager and
City Clerk to execute an agreement approved by the City Attorney permitting the
Department of Ecology to install 28 groundwater monitoring wells in 14 locations in City
right of way and committing the Department of Ecology to indemnify the City against
liability which may arise as a consequence of its activities
Resolution X Ordinance Contract _ Other(Specify)
Funding Source
APPROVED FOR SUBMITTAL:
uity Manager
STAFF RECOMMENDATION: ADOPT THE PROPOSED RESOLUTION.
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION:
lap/AGENDA FORM.lap 10/02/97 5:14 PM