02-5879 Agr Consent Final OrderRESOLUTION NUMBER 02-5879
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A
NSENT AGREEMENT AND FINAL ORDER OF THE SECRETARY BETWEEN THE
KANSAS DEPARTMENT OF HEALTH AND ENVIRONMENT AND THE CITY OF SALINA,
KANSAS.
WHEREAS, the City of Salina (the "City") owns and operates the Salina Municipal Solid
Waste Landfill located at 4292 Burma Road (the "Landfill"); and
WHEREAS, the Kansas Department of Health and Environment ("KDHE") has general
jurisdiction over matters involving the environment and the public health and safety, including mattes
involving air quality pursuant to the Kansas Air Quality Act (the "Act"); and
WHEREAS, the Landfill was modified in February 1994 and April 1998 whereby the
j; maximum design capacity was increased to approximately 9.1 million megagrams; and
WHEREAS, the Secretary of KDHE has concluded that the City violated Kansas law with
regard to certain filings required under the Act and related regulations in relation to the expansion of
the capacity of the Landfill, all of which have now been completed and filed by the City; and
WHEREAS, KDHE has determined that in consideration of the facts surrounding this
event, and that the City has been very cooperative in resolving the matter, the City must pay a civil
penalty to KDHE in the amount of $2,000.00; and
WHEREAS, KDHE has submitted a proposed Consent Agreement and Final Order of the
Secretary setting forth its findings and conclusions and assessing a civil penalty of $2,000.00; SO
NOW, THEREORE,
BE IT RESOLVED by the Governing Body of the City of Salina, Kansas:
Section 1. The City Manager is authorized to execute the Consent Agreement and Final
Order of the Secretary proposed by KDHE and to direct the payment by the City of the civil penalty in
the amount of $2,000.00 assessed by KDHE.
Section 2. This resolution shall be in full force and effect from and after its adoption by the
Governing Body.
Adopted by the Board of Commissioners and signed by the Mayor this 7th day of October,
2002.
stin . Seat n, Mayor
[SEAL]
ATTEST:
Lieu Ann Nicola, City Clerk