Title
RESOLUTION AUTHORIZING CITY OFFICIALS TO EXECUTE THE NATURAL RESOURCES DAMAGES ASSESSMENT AGREEMENT WITH THE MINNESOTA POLLUTION CONTROL AGENCY AND THE MINNESOTA DEPARTMENT OF NATURAL RESOURCES IN THE TOTAL AMOUNT OF $190,000.
Body
CITY PROPOSAL:
RESOLVED, that the proper city officials are authorized to execute a natural resources damages assessment agreement ("Agreement"), substantially in the form of the attached Exhibit A, with the Minnesota Pollution Control Agency ("MPCA") and the Minnesota Department of Natural Resources ("DNR"), resolving allegations of environmental harm to Tischer Creek in exchange for the city of Duluth's implementation of a recreational fishing project valued at $50,000, and payments to the MPCA and DNR in the amount of $121,303 for future restoration projects and $18,697 for past assessment costs, for a total of $190,000, payable from fund 535-500-1915-5441.
Statement of Purpose
STATEMENT OF PURPOSE: The MPCA and DNR observed and documented a fish kill that occurred on July 31, 2024, in Tischer Creek located in the City of Duluth. Further investigation by the MPCA and City revealed that the fish kill was the result of City of Duluth Department of Public Works and Utilities maintenance activities at the Woodland Reservoir, which released approximately 1.7 million gallons of potable water to a section of the city storm sewer system on July 31, 2024, and ultimately drained into Tischer Creek. The potable water contained chloramine, used to disinfect drinking water. Chloramine concentrations in the released water, which were normal and safe for human consumption, were lethal to brook trout and other fish. The MPCA and DNR-acting as co-Trustees for natural resources in the State of Minnesota (collectively, the "Trustees")-allege that the City of Duluth is liable for natural resources damages related to the above-described release. The purpose of this resolution is to approve an Agreement fully and finally resolving t...
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