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,...~. , ., . ~. ..' .,.OK 'I ... ORDINANCE NO. 592 .. AMENDMENT TO INTERIM ORDINANCE NO. 585 FOR THE PURPOSE OF PROTECTING THE PLANNING PROCESS AND THE HEALTH, SAFETY AND WELFARE OF THE COMMUNITY, AND REGULATING CONSTRUCTION AND DEVELOPMENTS ON CERTAIN CONTAMINATED SITES IN THE CITY The City Council of the City of New Brighton ordains that Ordinance No. ....5..8..5... is amended as follows: Section 1. Background. 1.01. Several properties in the City have been included, by reason of the presence thereon of hazardous substances, pollutants or contaminants, on the federal National Priorities List by the U. S. Environmental Protection Agency (EPA), pursuant to the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), 42 U. S. C. It 9601-9675, and on the Minnesota Permanent List of Priorities by the Minnesota Pollution Control Agency (MPCA) pursuant to the Minnesota Environmental Response and Liability Act (MERLA) , Minn. Stat. It 115B. 01 to 115B. 24. 1.02. These properties (which are collectively hereinafter referred to as the " Subject Property") are legally described as follows: 1. 03. The Subject Property has been determined to be contaminated with a number of pollutants and contaminants including: pentachlorophenol (PCP); chromated copper arsenate (CCA); polycyclic aromatic hydrocarbons (PAHs); polychlorinated dibenzodioxins and polychlorinated dibenzo furans (PCDDs and PCDFs) . 1.04. These pollutants and contaminants represent a potential threat to the public health due to release or threatened release to the environment and may also represent a hazard to employees and others working on the Subject Property. 1.05. Following a fire on one parcel included in the Subject Property, application has been made for a building permit to construct or reconstruct certain improvements. However, the Council is concerned that activities on such sites such as grading, excavating, and construction of improvements could cause or hasten release of hazardous substances, pollutants or contaminants into the environment or exacerbate environmental hazards to workers on the Subject Property. Such activities could also frustrate or delay remedial action. In addition to hazards to health and safety, such environmental problems can have an adverse effect on the value, use and enjoyment of the contaminated parcels and neighboring parcels, be a contributing factor in blight and deterioration, adversary affect orderly development and redevelopment, and generally deny to the citizens of the city the protection and advantages which the zoning ordinances and other official controls are intended to secure. 1.06. The Council has determined that current zoning, subdivision and building controls in the City do not provide adequate protection against such adverse effects, and that there is a need for an interim ordinance to be adopted for RICECH38444 NE136-8