Loading...
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