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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-2- WHEREAS, the Minnesota Pollution Control Agency (MPCA) is authorized pursuant to the Minnesota Environmental Response Liability Act (MERLA) , Minn. Stat. S 115B (State Superfund Act) to expend funds fresm the Environmental Response, Compensation and Ccmpliance Fund (Fund) for response actions; and WHEREAS, the MPCA has authorized certain expenditures from the Fund to accomplish the work described in this contract; and WHEREAS, the MPCA is authorized pursuant to Minn. Stat. § 116.03, subd. 3 (1988) to enter into cooperative agreements on behalf of the State of Minnesota (State) for the purposes of administering CERC A funds; and WHEREAS, the EPA and the MPCA have executed a Cooperative Agreement for the purpose of Remedial Investigation/Feasibility Study (RI/FS), Remedial Design (RD), and Remedial Action activities related to ground water contamination in the New Brighton, Arden Hills and-St. Anthony areas; and WHEREAS, to fulfill the requirements of CERCZA as amended, the State will provide the 10 percent nonfederal share to match the EPA 90 percent share. of funding as described herein for the construction of the RA; and WHEREAS, the City of St. Anthony (City) is a local unit of government in which a RA project for a GAC facility and pipeline is planned, the City is authorized to enter into this contract with the MPCA, the City Council has approved the attached resolution granting such authority, and the City has represented that it is capable of carrying out certain portions of the project; • WHEREAS, to fulfill the requirements of CERC-A as amended, the City will provide the 10% nonfederal share to match the EPA 90% share of funding as described herein for the Operation and Maintenance (0 and M) of the remedy for the first ten years; WHEREAS, the State commits to accept transfer of title of the GAC facility and pipeline frcam EPA; WHEREAS, the State agrees to permit use and actual possession of the GAC facility and pipeline by the City; and, WHEREAS, the City agrees to accept the use and actual possession of the CAC facility and pipeline after the project construction is completed in accordance with the plans and specifications and accepted by the City, State and EPA; NOW THEREFORE, it is agreed by and between the MPCA on behalf of the State and the City: 1.0 DEFINITIONS AND PURPOSE 1.1 Definitions City City of St. Anthony City Representative 40 The designated contact person with authority to represent the City in matters relating to this contract.