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RESOLUTION NO. 06- 18419 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF BILLINGS, MONTANA, DECLARING SUPPORT FOR A MONTANA DEPARTMENT OF ENVIRONMENTAL QUALTY DESIGNATION OF THE BILLINGS PCE SITE AS HAVING MAXIMUM PRIORITY WHEREAS, the Montana Department of Environmental Quality (DEQ) has been aware since 1992 that a significant area of the City of Billings as shown in Exhibit 1 has underlying soil and groundwater contamination from tetrachloroethylene (PCE), which potentially can affect the nervous system, liver and lungs; and WHEREAS, groundwater tests conducted by DEQ in 1999, compared with tests in 1991 and 1992, indicate the level of PCE present has not diminished with the passage of time, that instead the level of PCE detected has persisted in significant quantities; and WHEREAS, limited indoor air samples collected by DEQ in 2001 indicated results that warranted additional monitoring, yet none to date has been conducted or scheduled; and WHEREAS, the Billings PCE Site appears to comply with the criteria required for a maximum priority site designation pursuant to sections and of CERCA Remediation, 17.55.111 Facility Ranking of the Administrative Rules of Montana, as shown in Exhibit 2; and WHEREAS, the Billings PCE Site is currently designated a “high priority site,” but DEQ revises its site priorities on a biannual basis. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BILLINGS, MONTANA, DOES HEREBY RESOLVE to request the Montana DEQ to assign a maximum priority rating to the Billings PCE Site, name a case manager and begin an immediate process to address the site. PASSED AND ADOPTED by the City Council of the City of Billings, Montana, this 8th day of May, 2006. THE CITY OF BILLINGS: BY: Ron Tussing, MAYOR ATTEST: BY: Marita Herold, CMC/AAE, CITY CLERK