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RESOLUTION NO. 9.475
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A RESOLUTION DIRECTING THE CITY MANAGER TO
COMMUNICATE TO THE ARKANSAS DEPARTMENT OF
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POLLUTION CONTROL AND ECOLOGY CONCERNS REGARDING
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THE LANDFILL OWNED BY BROWNING- FERRIS INDUSTRIES,
INC. ( "BFI").
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WHEREAS, Browning- Ferris Industries, Inc. ( "BFI") owns
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and operates the Model Fill Landfill (the "Landfill ") which
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is located in the Fourche Creek bottoms, along Mabelvale
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Pike, and was annexed to the City of Little Rock, Arkansas
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(the "City ") in November, 1994; and
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WHEREAS, the City has entered into an agreement with
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the Federal Emergency Management Agency ("FEMA") to provide
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flood insurance to its citizens and, pursuant to that
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agreement, has adopted Ordinance No. 15,302 to regulate the
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100 -year flood plain within the City as depicted on maps
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published by FEMA, and the Landfill is located in the
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regulatory floodway of Fourche Creek; and
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WHEREAS, no construction may occur in the floodway
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without a permit from the City, and a condition to receiving
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such a permit is that the applicant provide an engineering
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demonstration that the proposed activity will not increase
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the regulatory flood; and
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WHEREAS, the U.S. Corps of Engineers ( "Corps "), as a
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contractor to FEMA, has modeled the 100 -year flood in the
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area of the Landfill and has calculated that flood storage
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at that site reduces the 100 -year flood by between 3.00 and
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3.50 feet; and
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WHEREAS, BFI has applied to the Arkansas Department of
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Pollution Control and Ecology (the "Department ") for a
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permit to expand the Landfill and proposes to extend the
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Landfill laterally, vertically and horizontally; and
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WHEREAS, Ordinance No. 15,302 mandates that BFI obtain
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a permit from the City to carry on the proposed activities
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in the regulatory floodway and will be required to provide
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an engineering demonstration that the proposed construction
will not increase the flood height, or that BFI will perform
mitigating activities, such as the construction of a
reservoir, to offset any such increase, but the problem is
complicated by the fact that BFI has apparently already
performed filling at the site which may require additional
mitigation or remediation.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS:
SECTION 1. That the City Manager is directed to
communicate to the Arkansas Department of Pollution Control
and Ecology the Board of Directors concern that the
Department not authorize any further activities by BFI at
the Model Fill Landfill until and unless BFI complies with
Ordinance No. 15,302.
ADOPTED: AU(JU5t 29, 1995
ATTEST:
ROBBIE HANCOCK
CITY CLERK
APPROVED AS TO FORM:
THOMAS M. CARPENTER
CITY ATTORNEY
APPROVED: �4
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J AILEY
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