RESOLUTION NO. RS2017-656

A resolution approving four amendments to four agreements between The Metropolitan Government of Nashville and Davidson County and the State of Tennessee, Department of Environment and Conservation, concerning maintenance of closed solid waste disposal facilities.

WHEREAS, The Metropolitan Government of Nashville and Davidson County (“the Metropolitan Government”) owns the Due West Superfund Site (DSF190000543), the Bordeaux Sanitary Landfill (SNL 190000092), the Thermal Ash Monofill, Phases II and III (IDL 190000068), and the Metro Nashville-Davidson County Process Facility (SWP 190001016), all of which are closed solid waste disposal facilities, maintained pursuant to four agreements (the “Agreements”) between the State of Tennessee, Department of Environment and Conservation (“TDEC”) and the Metropolitan Government; and,

WHEREAS, each agreement lists the “total penal sum” that TDEC may collect in the event the Metropolitan Government fails to properly perform its duties relative to the closed solid waste disposal facility; and,

WHEREAS, BL2010-719 provides that amendments to the Agreements may be approved by resolution of the Metropolitan County Council with 21 or more affirmative votes; and,

WHEREAS, the approval of the four amendments is in the best interests of the citizens of the Metropolitan Government.

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:

Section 1. The four amendments to the Agreements between the Metropolitan Government and TDEC, reducing the total penal sums, attached and incorporated by reference, are approved and the Mayor is authorized to execute the same.

Section 2. This resolution shall take effect from and after its passage, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Nancy VanReece, Freddie O'Connell, Jeremy Elrod, John Cooper

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LEGISLATIVE HISTORY

Referred to: Budget & Finance Committee
Public Works Committee
Introduced: April 18, 2017
Adopted: April 18, 2017
Approved: April 19, 2017
By: Mayor's signature

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