title
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JONESBORO, ARKANSAS PROVIDING FOR THE STUDY OF ENVIRONMENTAL STATUS OF THE PROPOSED CLASS IV LANDFILL SITE AND OF POTENTIAL ALTERNATE SITES AND OTHER RELATED MATTERS
body
WHEREAS, the City of Jonesboro has operated its existing Class IV landfill beyond its projected useful life and has received extensions for its continued operation.
WHEREAS, it is a high priority for the city to close the existing Class IV landfill as soon as possible due to problems associated with the city’s closed Class I landfill which lies under the existing Class IV landfill;
WHEREAS, the city purchased approximately 86 acres from the St. Louis Southwestern Railway Company in 1994 for the intended use as the city’s new Class IV landfill;
WHEREAS, information provided by the St. Louis Southwestern Railway Company to the city stated that the railway company may have performed uses on this property in the past which could create environmental concerns and that the railway company acknowledged that it had not performed an environmental audit of the property to determine if such uses had, in fact, resulted in environmental releases;
WHEREAS, Anderson Engineering, Inc., performed a Phase I Environmental Study of this property in 1994, but did not perform any soil testing or sampling;
WHEREAS, two lawsuits have been filed against the city which may delay or terminate the development of the proposed landfill site; and
WHEREAS, in the event the plaintiffs prevail in either lawsuit, the city has not selected and is currently not searching for an alternate landfill site.
BE IT THEREFORE RESOLVED that the Jonesboro City Council hereby authorizes the Mayor and the City Clerk to enter into an agreement with Anderson Engineering, Inc., to perform a follow-up Phase II Environmental Study to include soil testing for contaminants potentially found on property used by a railroad company, including but not limited to petroleum hydrocarbons and PCBs, on the proposed 12-acre Class IV landfill site at a cost not to exceed $25,000.00 and with the soil testing and assessment completed and presented to the Public Works Committee on or before Monday, July 5, 2004.
BE IT FURTHER RESOLVED that the Jonesboro City Council directs a representative of Northstar Engineering, Inc., to report on and provide to the Public Works Committee the proposed development, operational and maintenance costs for the proposed landfill site per the requirements of the Arkansas Department of Environmental Quality permit and the site plan for the proposed site on or before Monday, May 3, 2004;
BE IT FURTHER RESOLVED that the Jonesboro City Council directs Northstar Engineering, Inc., to identify at least one and not more than two areas suitable for a Class IV landfill site outside of the city considering the following items in the selection process: 1) landfill site selection information compiled by Garver and Garver Engineering for the city between 1995 - 1997; 2) soils and geological formations most suitable for this type of landfill which would not require additional development costs, such as additional clay lining over the minimum requirements; and 3) proximity to the city and reasonable access for our citizens. Northstar shall report back to the Public Works Committee on or before Monday, July 5, 2004.
BE IT FURTHER RESOLVED that the Jonesboro City Council authorizes the Mayor to contact representatives from the Craighead County Solid Waste Disposal Authority to determine the interest and feasibility of the Authority to 1) accept the City of Jonesboro’s Class IV material; 2) operate a Class IV landfill owned by either the City of Jonesboro, the Authority or jointly; or 3) develop an alternate cooperative plan. The Mayor shall report back to the Public Works Committee on or before Monday, July 5, 2004.
BE IT FURTHER RESOLVED that the Jonesboro City Council directs the Mayor to provide a report to the Public Works Committee on or before May 3, 2004, detailing all costs (i.e. professional, engineering, technical, legal, fines, assessments, etc.) associated with the proposed landfill site to date, including but not limited to fees paid to Northstar Engineering and Garver and Garver Engineering or fees paid as a result of litigation.
APPROVED AND ADOPTED this 5th day of April, 2004.