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<br />~ . .f <br />.,. <br /> <br />, . <br />t <br /> <br />" <br /> <br />'\ I'"~ <br /> <br />~., <br />,.' -~ ~ <br /> <br />ORDINANCE NO. 585 <br /> <br />INTERIM ORDINANCE FOR THE PURPOSE OF <br />PROTECTING THE PLANNING PROCESS AND THE <br />HEALTH, SAFETY AND WELFARE OF THE COMMUNITY, <br />AND REGULATING CONSTRUCTION AND DEVELOPMENTS <br />ON CERTAIN CONTAMINATED SITES IN THE CITY <br /> <br />The City council of the City of New Brighton ordains as <br />follows: <br /> <br />section 1. <br /> <br />Background. <br /> <br />1.01. Several properties in the City have been included, <br />by reason of the presence thereon of hazardous substances, <br />pollutants or contaminants, on the federal National priorities List <br />by the U.S. Environmental Protection Agency (EPA) , pursuant to the <br />federal Comprehensive Environmental Response, Compensation, and <br />Liability Act of 1980 (CERCLA), 42 U.S.C. 5S 9601-9675, and on the <br />Minnesota Permanent List of priorities by the Minnesota Pollution <br />control Agency (MPCA) pursuant to the Minnesota Environmental <br />Response and Liability Act (MERLA) , Minn. Stat. S5 115B.01 to <br />1158B.24. <br /> <br />1.02. These properties (which are collectively <br />hereinafter referred to as the "Subject property") are legally <br />described as follows: <br /> <br />Subject properties commonly known as Bell Lumber and Pole <br />Co., 778 - 1st street NW, and Mac Gillis and Gibbs, 440 - <br />5th Avenue NW. Said properties are generally bounded by <br />1st Street NW to the south, 6th street NW to the north, <br />5th Avenue NW to the east, and Old Highway 8 or 8th <br />Avenue NW to the west. (See attached map for detailed <br />outline of said properties). <br /> <br />1. 03 . The subj ect Property has been determined to be <br />contaminated with a number of pollutants and contaminants <br />including: pentachlorophenol (PCP); chromated copper arsenate <br />(CCA); polycyclic aromatic hydrocarbons (PARs); polychlorinated <br />dibenzodioxons and polychlorinated dibenso furans (PCDDs and <br />PCDFs) . <br /> <br />1.04. These pollutants and contaminants represent a <br />potential threat to the pUblic health due to release or threatened <br />release to the environment and may also represent a hazard to <br />employees and others working on the Subject Property. <br /> <br />1.05. FOllowing a fire on one parcel included in the <br />Subject Property, inquiries have been made for a building permit to <br />construct or reconstruct certain improvements. The Council is <br />conoerned that activities on such sites such as grading, <br /> <br />C:\WPSl\ORD\MRTORIUM <br />Page 1 of 3 <br />