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RES 85-02 HOOD CANAL TIMBERRESOLUTION NO. 85-02 A RESOLUTION APPROVING A LIMITED USE AND REVOCABLE PERMIT WITH HOOD CANAL TIMBER., INC. WHICH WILL ALLOW THE CITY OF W!~SLOW TO PUMP SLUDGE ONTO CERTAIN TIMBERLAND PROPERTIES DESIGNATED BY HOOD CANAL TIMBER, INC. WHEREAS, the Council of the City of Winslow, Washington feel it is in the best interest of providing for the health, safety, and welfare of the citizens of Winslow to enter into an agreement with Hood Canal Timber, Inc.; and WHEREAS, the laws of the State of Washington allow such agreements, NOW, THEREFORE, be it resolved by the Council of the City of Winslow, Washington, as follows: The proposed Limited Use and Revocable Permit with Hood Canal Timber, Inc., is hereby approved; a copy is attached. PASSED BY THE COUNCIL of the City of Winslow, Washington, this ?th day of ~RCtt , 1985. Alice B. Tawresey ~ Mayor ATTI%ST: COMMUNICABLE PUBLIC HEALTH VITAL ENVIRONMENTAL HEALTH DISEASE CONTROL NURSING STATISTICS HEALTH EDUCATION JEFFERSON COUNTY HEAL TH DEPARTMENT 802 SHERIDAN PORT TOWNSEND, WASH. 98368 (206) 385-0722 ~~,~, July 2, 1985 Mr. Keith Stone Utility Superintendent City of Winslow Winslow, WA 98368 Dear Mr. Stone: RE: City of Winslow proposed Sludge Utilization Site and Plan - Pope & Talbot property - Section 31, Township 28N, Range 1W. Jefferson County The amended Sludge Utilization Plan dated May 1985 is hereby approved as per WAC 173-301 and Jefferson County ordinance 2-77 with the following additional conditions: 1) The City of Winslow shall be responsible for site and operation monitoring, providing quarterly reports to this office and an annual report that will include the annual sludge test results. (Copies of the annual report shall be provided to DOE and DSHS.) Should any problem arise, the City of Winslow shall contact the Health Department and in the interim, dispose of the sludge at Hansville until the situation is resolved. 2) Provide key to gates to the Health Department to access the site for unannounced inspections. 3) Notify Jefferson County Health Department for truck inspection and when first date of operation is scheduled so we may observe. 4) During periods of heavy rainfall, do not sludge so runoff does not occur. 5) (a) Delete site #10 from May 1985 map (original #8). (b) Relocate west ½ of site #6 to east side of road. 6) Approval of 1986 Permit renewal is subject to proper operation and maintenance in 1985 and the annual sludge contents being satisfactory. Please note any other inspections by the Jefferson County Health Department beyond an annual inspection will be billed to the City of Winslow on a per hour basis. Mr. Keith Stone July ~, 1985 Page -2- I hope with you this project is successful for the City of Winslow and Pope & Talbot's forest land. Should you have any questions or comments, please contact this office. Randall M. Durant, R.S. Director of Environmental Health RMD/wg CO: George Mason, Brown & Caldwell Tom Eaton, DOE Ethan Moseng, DSHS Pope & Talbot J. E. Fischnaller, M.D., Health Officer Date July 2, 1985 JEFFERSON COUNTY HEAL TH DEPARTMENT PERMIT Issued ToloF~LO.~. .............. To Operate SL.U~_.G_E_.~,.t~,ILIZATION SITE Location POPE & TALBOT PROPERTY, Section 31, Township 28N, Range IW NON-TRANSFERABLE December 31. 1985 Expiration Date In accordance with applicable Laws of the State of Washington, Rules and Regulations of the State Board of Health, and Ordinances promulgated by Jefferson County. This Pemit may be suspended or revoked by the Health Officer for fail- applicable es r lations. ure of the Permitee to comply with ~~,/ff.~ ~f'~ Sanitarlan ' LIMITED USE AND REVOCABLE PERMIT Hood Canal Timber, Inc., (HCT), hereby grants a limited use permit to the City of Winslow, Washington, 98110 (City) for the purpose of pumping sludge onto certain timberland properties designated by HCT. 1. The permit is revocable at any time by HCT upon 60 days written notice to the City. Upon receipt of the written potice and after the 60 day period, the City will cease dumping sludge on HCT properties. Provided, however, if the City is found to be in violation of this permit by any of the following actions, the City must cease pumping sludge immediately upon receipt of the notice: a. Improper application of sludge, b. Improper performance of permit requirements, c. Discovery of hazardous materials or untreated sewage in the sludge, d. Passage of laws or regulations that increase liabi- lity of HCT for allowing sludge pumping. 2. Until further notice during the life of this permit, the following properties are to be used by the City for the purpose specified by the permit. TOWNSHIP 28 NORTH, RANGE 1 EAST Section 31, E 1/2 of NW 1/4, N 1/2 of SW 1/4 Ptn. of SW 1/4 of Section 30 Jefferson County, Washington No other person shall be permitted to pump sledge on these properties during the life of this permit. 3. The permit herein ~ranted tothe City by HCT is for the / specific purpose of permitting the City to pump sludge from a 4,000 gallon tank truck on timberland owned by HCT. 4. The City, as above stated, will only be permitted to pump sludge from a 4,000 gallon tank truck and the volume is not to exceed 90,000 gallons a week and shall not exceed 32,000 gallons per acre per year. 5. It is understood that the City will obtain the necessary permits from the appropriate public agencies, whether federal, state or local, that are responsible for administering the disposal of sludge on private property. 6. The City must use extreme care and caution not to pump any of the sludge within fifty (50) feet of any Type 2 water or within twenty-five (25) feet of any Type 3 or 4 water, as shown on the Department of Natural Resources' Forest Practice maps. It will be the City's responsibility to prevent sludge from entering any streamside zone outlined above. 7. The City shall keep closed and locked all gates they shall pass through. 8. HCT will provide and maintain gates at the two main access roads to the site to discourage public access. 9. The City will provide signs for the gates identifying the project and the reasons for closing the gates. HCT will provide keys to the gates for authorized representatives of the public agencies responsible for administering the pumping of sludge on private property. 10. The City will indemnify and hold HCT, its successors and assigns, harmless from such liabilities, claims, costs, damages and expenses of every nature whatsoever (including attorney's fees, litigation and court costs, amounts paid in settlement, and amounts to discharge judgments) which result from, or arise out of, the negligent pumping of sludge on HCT property under this / permit, whether or not the claim or liability was caused in part by HCT. 11. If for unforeseen reasons the HCT properties upon which sludge was placed by the City become unusable in the future or is declared to be a hazardous waste disposal site, the City shall purchase the property at a price equal to its then fair market value. - 2 - 12. This permit shall expire December 31, 1989. DATED this 15th day of M~ECH , 1985. ACCEPTED: CITY OF WINSLOW ALICE B. TAWRESEY, May~ ATTEST: Clerk/Treasurer ACCEPTED: HOOD CANAL TIMBER, INC. -3-