R2006-113 AUTHORIZING AGREEMENT - Laserfiche WebLink

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COUNCIL COMMUNICATION FORM Engineering & Infrastructure Memorandum NO. 2006-45 July 21, 2006 TO: Honorable Mayor Osborne and City Council FROM: Steve Gar City Manager Stephen S on, P.E.,Director of Engineering & Infrastructure SUBJECT: Agreement ith Archer Daniels Midland Company SUMMARY RECOMMENDATION: It is recommended by City staff that the City Council approve the attached resolution authorizing the Mayor to execute and the City Clerk to attest an Agreement with the Archer Daniels Midland Company for Secondary Containment. I BACKGROUND: The City Engineer was contacted by a representative from Archer Daniels Midland Company (ADM) inquiring about the possibility of the City agreeing to let ADM use a City drainage facility for secondary containment. ADM explained they are looking to find storage locations to temporarily store vegetable oil and determined a tank located at 2301 North 22°d Street is empty. This tank has a usable capacity of about 1.7 million gallons but a shell capacity of about 4.1 million gallons. ADM, in order to have its Spill Pollution Control and Containment (SPCC)plan certified by the Environmental Protection Agency(EPA), must show that secondary containment exists in the event a tank should fail. Presently on-site secondary containment exists to manage the 1.7 million gallons of oil planned to be stored in the tank. However, the EPA requires the secondary containment to equal the capacity of the entire tank. This requires ADM to provide an additional 2.4 million gallons in secondary containment. ADM, in considering its options to meet this requirement noted the City's storm water detention facility located west of ADM's tank site (refer to attached map). It was for this reason the City was contacted and asked if it would allow ADM to use the City's property as part of its containment plan to meet EPA requirements. ADM's representative in making its request of staff commented that the need to use the City's property should never occur as ADM would not exceed the usable capacity of the tank. In addition, ADM would arrange to have the needed improvements to the detention site designed and constructed at its expense. City staff agreed to consider the request.