AGENDA MEMORANDUM

 

 

Meeting Date:           November 14, 2011

 

From:                          James Feagle, Deputy Director of Public Works

 

Subject:                      Resolution authorizing execution of a Declaration of Restrictive Covenant with the Florida Department of Environmental Protection in support of Conditional Closure of 413 East North Boulevard monitoring facility

 

 

Staff Recommendation:

Staff recommends execution of a Declaration of Restrictive Covenant with the Florida Department of Environmental Protection (FDEP) in order to receive a Conditional Site Rehabilitation Completion Order (SRCO) from the Bureau of Petroleum Storage system (PBSS) at 413 East North Boulevard monitoring facility.

 

Analysis:

A contamination assessment authorized by the City of Leesburg for the old Public Works yard at 413 East North Boulevard took place in the late 1990’s because of proposed expansion of the current fleet facility.  During the contamination assessment, a review of the Lake County Water Management Department files provided information that underground petroleum storage tanks were removed or abandoned in place at this site in October, 1989.  Also, based on the review of a 1989 report, a preliminary contaminant assessment and initial remedial action were conducted at the time of the removal of the petroleum storage tanks.  The report stated that contaminated soil was removed as part of the initial remedial activities.  A compliance checklist conducted by Lake County in 1990 indicated that contamination in the soil and groundwater were reported in the preliminary contamination assessment.

 

In 2004, the City of Leesburg Public Works Department entered into a Petroleum Cleanup Participation Program Agreement with DEP as a course of action for environmental rehabilitation of the site.  This provided the City 75% of the cost for natural attenuation monitoring for the site.

 

The City retained an environmental engineering consultant from 2005 to 2010 to perform monitoring of the site for natural attenuation of the petroleum contaminants.  The city of Leesburg has now selected the Risk Management Options Level II – A No Further Action with Institutional Controls as the remedial alternative for the site.  The FDEP concurred with the selection and has agreed to issue a Site Rehabilitation Completion Order with Conditions.

 

Options:

1.  Approval of the Declaration of Restrictive Covenant with the FDEP; or

2.  Such alternative action as the Commission may deem appropriate

 

 

 

Fiscal Impact

There is no fiscal impact.

 

Submission Date and Time:    11/10/2011 2:04 PM____

 

Department: _Public Works____________

Prepared by:  _James Feagle___________                     

Attachments:         Yes_X__   No ______

Advertised:   ____Not Required __X___                     

Dates:   __________________________                     

Attorney Review :       Yes_X_  No ____

                                                

_________________________________           

Revised 6/10/04

 

Reviewed by: Dept. Head ________

 

Finance  Dept. ____JB____________                                     

                              

Deputy C.M. ___________________                                                                         

Submitted by:

City Manager ___________________

 

Account No. _N/A_____________

 

Project No. ___N/A____________

 

WF No. ___N/A_______________

 

Budget  __N/A________________

 

Available _____________________


 

RESOLUTION NO._______________

 

A resolution of the City Commission of the City of Leesburg, Florida, authorizing the Mayor and City Clerk to execute a Declaration of Restrictive Covenant with the Florida Department of Environmental Protection in support of Conditional Closure of 413 East North Boulevard monitoring facility; and providing an effective date.

 

BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LEESBURG, FLORIDA:

 

            THAT the Mayor and City Clerk are hereby authorized to execute an agreement with Florida Department of Environmental Protection whose address is 2600 Blair Stone Road, Tallahassee, FL  32399, for a Declaration of Restrictive Covenant in support of Conditional Closure of 413 East North Boulevard monitoring facility.

 

             THAT this resolution shall become effective immediately.

 

PASSED AND ADOPTED by the City Commission of the City of Leesburg, Florida, at a regular meeting held the _14th____ day of _November,___ 2011.

 

 

 

                                                                            __________________________

                                                                             Mayor

 

ATTEST:

 

 

___________________________________

City Clerk