HomeMy WebLinkAboutResolution - 3544 - Access Agreement & Release - Texas Water Commission - Fuel Facility Remediation - 02/14/1991DGV:da
RESOLUTION
Resolution No. .
February 14, 1991
Item #19
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a Remediation
Access Agreement and Release by and between the City of Lubbock and the
Texas Water Commission, attached herewith, which shall be spread upon the
minutes of the Council and as spread upon the minutes of this Council shall
constitute and be a part of this Resolution as if fully copied herein in
detail.
Passed by the City Council this 14th day of February , 1991.
B. C. McMINN, MAYOR
T:
ane-cTe eoya,
APPROVED AS TO CONTENT:
ene Eads, Purchasing Manager
APPROVED AS TO FORM:
i
DbY"iald G. Vandiver; First Assistant
City Attorney
PLEASE RETURN TO TERESA CALKINS, TWC, PST DIVISION 9 3S4,}
rpaa_1a.frm
Texas State -Lead Leaking Petroleum Storage Tank (LPST)
Responsible Party Investigation and Remediation
Access Agreement and Release
This Access Agreement and Release is executed by the Responsible Party (herein
termed the "RP") for the purpose of establishing the terms and conditions
required by the Texas Water Commission (herein termed the "TWC") and its
Contractor for the state -lead investigation and remediation of Leaking Petroleum
Storage Tank (LPST) conditions on the RP's property, as defined in the Texas
Administrative Code (TAC), Title 31, Part IX, Chapter 334.
TERMS AND CONDITIONS
ARTICLE 1. PROPERTY DESCRIPTION
The RP agrees to provide either a legal or a metes and bounds description of the
property subject to investigation and remediation under this Access Agreement and
Release.
(a) A legal description shall consist of the name of the city, county, lot and
block number or the street address in which the property is located.
(b) A metes and bounds description shall be allowed if a lot and block number
does not exist or if the property is a partial lot and block number.
ARTICLE 2. PROPERTY ACCESS
(a) The RP shall provide the TWC and its Contractor with access to the property
(as described below), including gate and monitor well keys, as necessary for the
TWC and its Contractor to achieve all corrective action work objectives.
(b) The RP agrees that the TWC and/or its Contractor shall be permitted to store
and/or treat on the property (as described below) recovered free product,
contaminated soil, vapor, and/or water which result from corrective action
activities at the.site.
(c) The TWC and/or its Contractor shall have access to the property during
normal business hours for the purpose of conducting any necessary corrective
action activities which do not significantly disrupt the RP's normal business
operations (i.e. vapor, water, or free product monitoring, site reconnaissance,
etc.) The RP agrees to cooperate with the TWC and/or it's Contractor to
facilitate these necessary activities.
(d) The TWC shall attempt to provide the RP with at least one day notice prior
to entering the property for the purpose of initiating any investigative or
remedial activities on the property which may disrupt normal business operation
(i.e. drilling, excavation, construction, etc.)
Access Agreement
Page 2
(e) In situations which the TWC determines to be of an emergency nature, the TWC
shall have immediate access to the property.
ARTICLE 3. WASTE MANIFESTS
The RP agrees to sign all waste manifests as the "Generator" for the disposal of
wastes generated during any site activities in response to a release from the
RP's LPST.
ARTICLE 4. GUARANTEE
(a) The TWC.and its Contractor make no guarantees to the RP as to the quality
of the workmanship performed by the TWC and its Contractor.
(b) The TWC is not in any kind of contractor/ owner relationship with the RP and
therefore, no warranty or guarantee is given or implied for any activities which
the TWC or its Contractor perform at this facility.
ARTICLE 5. PRIORITY RANKING
The RP understands that the TWC will assign a priority rank to the site. In some
cases, as dictated by resources, this means that the RP may have to wait for
state -lead contracting. Until the TWC is able to begin corrective action
efforts, the RP is responsible for pursuing whatever actions are necessary to
minimize any impacts or threats to human health and safety and to the
environment. The RP agrees to respond to directives from the TWC concerning such
necessary activities. Upon written request to the TWC, the RP may obtain
information regarding the priority status granted to his particular site.
ARTICLE 6. FINANCIAL RESPONSIBILITY
(a) If the RP is eligible for the PSTR Fund then the RP shall reimburse the TWC
for the first $10,000 (ten thousand dollars) of the total expenses incurred by
the TWC for performing corrective action activities associated with the RP's LPST
site. If the RP has previously incurred all or part of $10,000 of allowable
clean-up costs, then that amount shall be deducted from the monies owed to the
State. "Allowable costs" are those defined in 31 TAC Chapter 334. If the RP
contends that they cannot afford to reimburse the TWC for that portion of the
first $10,000, they shall provide financial information to the TWC Fiscal
Services substantiating such financial inability.
(b) If the RP ` is eligible for the PSTR Fund then the RP shall be liable for
corrective action costs above the $1,000,000 (one -million dollar) per occurrence
limit,
c
Access Agreement
Page 3
(c) If the RP is not eligible for the PSTR Fund and/or if LUST Trust Fund monies
are used for this investigation and remediation, then the TWC may pursue cost
recovery procedures for all of the costs incurred during this work.
ARTICLE 7. THIRD PARTY LIABILITY
The RP retains liability for third -party losses (i.e., damages to off-site
persons or property).
ARTICLE 8. STATEMENT OF ACCEPTANCE
(a) The undersigned affirms that they are the owner/operator of petroleum
storage tank systems located at the property described below and that a release
of petroleum product has occurred from these systems.
(b) The undersigned affirms that all aboveground and underground storage tanks
which he owns or operates are registered as required by TWC rules for eligible
owners or operators and that all registration fees are paid.
(c) The RP understands that the proposed investigative and remedial action by
the State of Texas may include, but is not limited to, taking of soil and water
samples for analysis, drilling, installing, sampling and gauging groundwater
monitoring wells, construction of safety features on the property, removal and/or
treatment on-site of any and all petroleum contaminated substances, and all other
activities reasonably related to investigating, and remedying potential human
health and safety, and environmental hazards associated with the RP's property.
(d) The RP affirms that the methods employed by a TWC Contractor for corrective
action and determination of corrective action clean up levels are within the
TWC's sole discretion.
(e) The RP understands, that in requesting the State of Texas to undertake
correction action related to their LPST, the schedule of the work at the RP's
site shall be determined by the TWC prioritization system based upon public
health and safety, and environmental concerns, and other factors. The RP agrees
to accept any interference with normal business operations which result from
corrective action activities by TWC and its Contractor at the RP's LPST site.
(f) The term of this Access Agreement and Release shall continue during all
corrective action activities and during any site post -closure operations and
maintenance activities which the TWC considers necessary.
(g) The RP agrees to inform the TWC in writing prior to conveying the property
during the term of this access agreement and release. If such property is
conveyed, the RP agrees to provide the TWC with the name and address of the new
property owner. Conveyance of the property does not necessarily relieve the RP
of hisobligationsunder this access agreement and release.
Access Agreement
Page 4
ARTICLE 9. ENFORCEMENT LIABILITY
State -lead corrective action does not excuse the RP from liability for past
violations of TWC rules regarding this site nor does it excuse the RP from
present or future violations of TWC rules.
This Access Agreement and Release is executed this► day of
� 1991.
• �L��iyC
esponsibld Party
CITY OF LUBBOCK B.C. "PECK' McMINN (MAYOR)
This instrume! was acknowledged before me by �?j, C _ Mc, M ;A
on the as — day of 1991.
Notary Public in sand or t e
County of LA bo
State of Texas
LEGAL DESCRIPTION OF PROPERTY:
Lots 2-23, Block 6, Lots 8,9,10,11,12 and part of Lots 4,5,13,14,15,16,
Block 7, and Lots 1-10 and Lots 16-20, Block 22, original town addition
to the City of Lubbock, Lubbock County, Texas.
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Manager
APPROVED AS TOO FORA:
C---- J G <^� ,
C. Ross, Jr., City'Alttorney