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HomeMy WebLinkAbout09-159.Resolution RESOLUTION AUTHORIZING ACCEPTANCE OF FUNDS FROM THE STATE WATER RESOURCES CONTROL BOARD TO REMEDIATE PETROLEUM CONTAMINATION AT 15305 SKYWAY, DE SABLA, CALIFORNIA AND DELEGATION OF AUTHORITY TO EXECUTE RELATED TRANSACTIONS WHEREAS, in specified circumstances, section 25299.36 the California Health and Safety Code authorizes focal agencies to undertake or contract for corrective action at underground storage tank (UST) sites which have had unauthorized releases of petroleum; and WHEREAS, subdivisions (c), (e), and (h) of section 25299.51 of the California Health and Safety Code authorize the State Water Resources Control Board (SWRCB) to expend money from the Underground Storage Tank Cleanup Fund (USTCF) to pay for corrective action and oversight costs incurred by local agencies at certain petroleum UST sites. The SWRCB has established a subaccount of the USTCF, the Emergency, Abandoned, and Recalcitrant {EAR) Account, with funds available for these purposes; and WHEREAS, the SWRCB has established administrative procedures for providing cleanup funds to local agencies, which include the issuance of Letters of Award to local agencies named on the EAR Account Annual Site List; and WHEREAS, Butte County Public Health -~ Environmental Health Division has determined that corrective action at the above-referenced site is authorized under the Health and Safety Cade and the site is an appropriate candidate for funding assistance from the EAR Account, and the Butte County Public Health -Environmental Health Division has nominated the site for EAR Account funding; and WHEREAS, Butte County desires to receive EAR Account funds to be used to remediate petroleum UST contamination at this site. NOW, THEREFORE BE IT RESOLVED THAT Butte County hereby: (1) authorizes the receipt of $100,000 from the State Water Resources Control Board (SWRCB) Emergency, Abandoned, and Recalcitrant (EAR) Account funds to be used for corrective action at 15305 Skyway, De Sabla, CA, and {2) authorizes the Environmental Health Director, or designee, to negotiate and execute necessary documents and transactions to obtain the award of EAR Account funds and to implement remediation at the contaminated site. PASSED AND ADOPTED by the Butte County Board of Supervisors this 27th day of October 2009 by the following vote: AYES: Supervisors Dolan, Kirlc; Lambert, Yamaguchi and Chair Connelly NOES: None ABSENT: None NOT VOTING: None ATTEST: Greg G. Itu Clerk of,th~ By .I~ Bill Connelly, Chair Butte County Board of Supervisors