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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