HomeMy WebLinkAbout08560ORDINANCE NO. 8560
ANORDINANCEAPPROVINGANDACCEPTINGA
DONATIONANDAPPLICABLECONDITIONSPERTAINING
THERETOFROMEVRAZROCKYMOUNTAINSTEELASA
RESULTOFACOMPLIANCEORDERONCONSENT
ISSUEDBYTHECOLORADODEPARTMENTOFPUBLIC
HEALTHANDENVIRONMENT,ESTABLISHING PROJECT
NO. PD1302 AND BUDGETING AND APPROPRIATING
FUNDS IN THE AMOUNT OF $37,500
WHEREAS, EVRAZ Rocky Mountain Steel has agreed to pay to the City of
Pueblo Fire Department $37,500 for Hazardous Material Training and Equipment
pursuant to a compliance order on consent penalty issued by the Colorado Department
of Public Health and Environment. NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
City Council hereby accepts and approves the donation of $37,500 from EVRAZ
Rocky Mountain Steel and the applicable conditions pertaining thereto as set forth by
the Colorado Department of Public Health and Environment Compliance Order on
Consent, case no. 2011-035, and attachment B (“Compliance Order”), true copies of
which are attached hereto and incorporated herein.
SECTION 2.
Project No. PD 1302, EVRAZ Hazmat Training and Equipment, is hereby
established in the Public Safety Grants Fund. The amount of $37,500 is hereby
budgeted and appropriated in Project No. PD1302 for expenditures for the purposes set
forth by the Compliance Order.
SECTION 3.
This Ordinance shall become effective upon final passage and approval.
INTRODUCED: December 26, 2012
BY: Steve Nawrocki
COUNCIL PERSON
PRESIDENT OF CITY COUNCIL
ATTESTED BY:
CITY CLERK
PASSED AND APPROVED: January 14, 2013
Background Paper for Proposed
ORDINANCE
DATE:AGENDA ITEM # R-2
December 26, 2012
DEPARTMENT:
Fire Department
Christopher Riley, Fire Chief
TITLE
ANORDINANCEAPPROVINGANDACCEPTINGADONATIONANDAPPLICABLE
CONDITIONSPERTAININGTHERETOFROMEVRAZROCKYMOUNTAINSTEELAS
ARESULTOFACOMPLIANCEORDERONCONSENTISSUEDBYTHECOLORADO
DEPARTMENTOFPUBLICHEALTHANDENVIRONMENT,ESTABLISHING
PROJECTNO.PD1302ANDBUDGETINGANDAPPROPRIATINGFUNDSINTHE
AMOUNTOF$37,500
ISSUE
Should City Council approve and accept $37,500 from EVRAZ Rocky Mountain Steel
for Fire Department Hazardous Materials Training and Equipment, establish a project
account, and budget and appropriate the amount of $37,500 for the purposes set forth
by the Colorado Department of Public Health and Environment?
RECOMMENDATION
Approval of the Ordinance.
BACKGROUND
On November 15, 2012, the Colorado Department of Public Health and Environment
(“CDPHE”) issued a Compliance Order on Consent, case no. 2011-035 (“Compliance
Order”), with the express consent of EVRAZ Rocky Mountain Steel (“ERMS”) as a result
of violations of the Colorado Air Pollution Prevention and Control Act. The Compliance
Order imposes a penalty upon ERMS to be paid as a donation to the City of Pueblo Fire
Department for hazardous materials training and equipment. The donation of $37,500
must be used by the Fire Department for hazardous materials training and equipment
that will benefit public health and environment, as set forth in the Compliance Order.
The use of funds will be monitored and approved by the CDPHE. The Fire Department
will complete bi-annual reports that will demonstrate all expenditures of the $37,500.
FINANCIAL IMPACT
Routine repair and maintenance costs associated with the upkeep of any purchased
equipment. Minimal man hours required to submit the bi-annual reports required.
ATTACHMENT B TO EVRAZ ROCKY MOUNTAIN STEELCOMPLIANCE ORDER ON
CONSENT
CASE NO. 2011-035
CITY OF PUEBLO FIRE DEPARTMENT HAZARDOUS MATERIALS
TRAINING AND EQUIPMENT PROJECT
SUPPLEMENTAL ENVIRONMENTAL PROJECT (SEP)
EVRAZ Rocky Mountain Steel proposes, and the Colorado Department of Public Health and
Environment (the department) approves, the following SEP agreement for the projects at issue.
Enforcement CF & 1 Steel L.P. d/b /a EVRAZ Rocky Mountain Steel
Action Case No. 2011 -035
Information
Mr. Craig West, Environmental Manager
Regulated EVRAZ Rocky Mountain Steel
Entity Contact 2100 South Freeway
Information Pueblo, Colorado 81004
719 -561 -6536
eraig.west@EvrazineNA.com
City of Pueblo Fire Department
3 rd Party SEP Dale Villers, Deputy Fire Chief
Recipient 1551 Bonforte Blvd.
Contact Pueblo, CO 81001
(719) 553 -2830
dvillers @pueblo.us
CDPHE Contact Rachel Wilson - Roussel, Sustainability Program, 303 - 692 -2976,
Person rachel .wilson- Russel @state.co.us
Geographical
Area to Benefit Service area of City of Pueblo Fire Department
Most Directly
From Project
Project Title City of Pueblo Fire Department Hazardous Materials Training and Equipment Project
Project Type Third Party SEP Donation
SEP Category Public Health
Project A one -time donation of $37,500 will be made to the City of Pueblo to be dedicated to the
Summary hazardous materials training needs of the Pueblo Fire Fighting Department as well as for
approved equipment purchases.
Page 1 of 4
ATTACHMENT B TO EVRAZ ROCKY MOUNTAIN STEELCOMPLIANCE ORDER ON
CONSENT
CASE NO. 2011-035
Although hazardous materials training is of critical importance, particularly to
personnel responding to a situation at an industrial facility, fire department hazardous
materials training needs are underfunded in Pueblo. The one -time donation of
$37,500 will fund two main components:
1. Training — The SEP will fund a one -week advanced hazardous materials
training course for the personnel of the Pueblo City fire department. The
Haz -Mat Response Teams respond to a broad range of residential,
commercial and industrial issues and are also involved with any hazardous-
material release involving commercial transport carriers along the major
highway and rail lines through the City of Pueblo and Pueblo County.
The Fire Department will follow applicable city procurement protocol to hire
a special contractor to conduct the training. The number of fire fighters
Project trained through this project is estimated to be 32 but will be dependent on the
Description final training costs negotiated with the contractor.
Due to mutual aid agreements this SEP funding will benefit the City and
County of Pueblo as well as the entire Southeast Colorado Haz -Mat Region.
Pueblo Haz -Mat personnel respond to areas throughout the Southeast
Colorado Region.
2. Equipment - Due to funding cuts to the Fire Department Budgets the Haz -
Mat teams have been unable to purchase needed specialized equipment. This
SEP will allow the purchase of needed specialized Haz -Mat team equipment.
The Fire Department will submit a list of equipment requested to be
purchased under this SEP to CDPHE for approval by December 31, 2012.
CDPHE will respond to the Fire Department within 7 calendar days
indicating whether or not the requested equipment is approvable under the
CDPHE SEP Policy.
Expected This project will benefit public health and the environment through having trained fire
Environmental department personnel who will be better equipped to handle a hazardous material spill
and /or Public or situation.
Health Benefits
Budget Category 1 Description Cost
-- <} ;Fi.. "2T, `. 11!" s
New Atmospheric Monitors & Specialized Tools 15,000
Major Equipment
Specialized SCRAs
Project Budget Contractors/ Both Introduction to Haz Mat and Advanced Training 20,000
Subcontractors for 3 crews (32) fire fighters.
Other Direct Costs Personnel Certification, Incident Manuals, etc 2,500
Total: $ 37,500
Page 2 of 4
ATTACHMENT B TO EVRAZ ROCKY MOUNTAIN STEELCOMPLIANCE ORDER ON
CONSENT
CASE NO. 2011-035
Budget The Fire Department training budget for Haz -Mat Response teams has been cut by over
Discussion $20,000 during the last 2 budget cycles by the City / County. This SEP is greatly needed
to keep the Haz -Mat teams ready to respond to potential incidents.
Within 30 days of effective date of the
Proposed Start Date: Compliance Order on Consent.
EVRAZ Rocky Mountain Steel Donation Deposit $37,500 with Pueblo City Fire
Date: Department within 30 days of the effective
date of the Compliance Order on Consent
Project Fire Department to Provide Equipment List 12/31/2012
Schedule to CDPHE for Approval: ___
Biannual Status Report Due to CDPHE: 05/30/2013
Projected Completion Date: 11/01/2013
SEP Completion Report Due: 11/30/2013
Biannual Status Reports
The third party SEP recipient will submit a biannual project status report to the
department's SEP Coordinator. Status reports will include the following information:
• A description of activities completed to date;
• A budget summary table listing funds expended to date by budget category; and
• A discussion of any anticipated changes to the project scope or timeline.
Final SEP Completion Report
The SEP Completion report will be submitted within 30 days of project completion and
contain at a minimum:
• A detailed description of the project as implemented;
• A summary table identifying project deliverables and tasks along with the
Reporting associated completion date;
• A description of any operating problems encountered and the solutions thereto;
• A full expense accounting including itemized costs, documented by copies of
purchase orders, contracts, receipts or canceled checks;
• Certification and demonstration that the SEP has been fully implemented pursuant
to the provisions of the Settlement Agreement and this SEP Agreement;
• A description of the environmental and public health benefits resulting from
implementation of the SEP along with quantification of the outcomes and
benefits;
Additional information should include:
• Examples of brochures, educational or outreach materials developed or produced
as part of the SEP; and
• Photographs documenting the project.
Page 3 of 4
ATTACHMENT B TO EVRAZ ROCKY MOUNTAIN STEELCOMPLIANCE ORDER ON
CONSENT
CASE NO. 2011-035
Other Relevant TEA
Information
Has the applicant
entered into any
prior commitments
to fund this project, No,
voluntary or
otherwise? If yes,
please explain.
Page 4 of 4