RES 89-007 RESOLUTION AUTHORIZING THE MAYOR AND ACTING CITY MANAGER TO EXECUTE THE AGREEMENT BETWEEN THE CITY OF ST. ANTHONY AND THE MINNESOTA POLLUTION CONTROL AGENCY (MPCA)

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-16- 6.5 The contract dollar amount for this Contract for Task land 2 as described in Part 4.6 of this contract shall not exceed fifty-three • thousand six hundred sixty dollars ($53,660) . This contract may be amended to increase the total funding for Operation and Maintenance as provided for in Task 3 of Part 4.6 of this contract for the shakedown year of Extended RA. 7.0 OPERATION AND MAINTENANCE PLAN The State will submit a draft 0 and M Plan to the City for comment. The City agrees to comment on the draft plan and return comments to the State and EPA within 30 days. The City, State and EPA are the plan's approval authorities. The City agrees to implement the final operation and maintenance plan as reasonably approved by the City, State and EPA as of the certified date that the construction is complete and the remedy is operational and functional. 8.0 ACCESS TO THE SITE 8.1 The City shall secure access for MPCA, EPA or contractors for the purpose of completing the pipeline installation portion of the RA by the State, as described in Task 3 in Part 4.8. 8.2 The City shall provide the property on which the GAC facility will be constructed and access for the construction contractor and the consultant engineer. • 8.3 Representatives of the State and EPA shall have access to the project site to review work in progress. 9.0 AVAILABILITY OF INFORMATION 9.1 The City has previously provided to the EPA and the MPGA necessary information concerning the St. Anthony GAC facility. At the request of the State, the City shall provide the EPA or MPCA with any further information concerning the facility which is in the possession of the City. If such information is submitted by the City pursuant to a claim of confidentiality, said information shall be treated in accordance with the requirements of Minn. Stat. ch. 13 and ch. 116.075 by the State. Absent such a claim, the State or EPA may make such information available to the public without further notice. 9.2 At the request of the City, and in accordance with applicable State and Federal law, the State agrees to provide the City with information and reports developed or prepared pursuant to MPCA and EPA RA activities. The City agrees not to release such information or reports determined to be confidential pursuant to Minn. Stat. ch. 13 or S 116.075 or 40 CFR Part 2 to the public unless the City first obtains approval from the EPA Region V Office of Regional Counsel and the EPA Regional Project Manager for matters confidential under federal law, and from the MPCA Commissioner for matters confidential under State law. •