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R06-015 1 RESOLUTION R06- f) 15 2 3 A RESOLUTION OF THE CITY COMMISSION OF 4 THE CITY OF BOYNTON BEACH AUTHORIZING 5 THE CITY MANAGER TO ENTER INTO A 6 STIPULATED CONSENT ORDER WITH THE 7 FLORIDA DEPARTMENT OF ENVIROMENT AL 8 REGULATION ARISING FROM THE 3925 WEST 9 BOYNTON BEACH BOULEVARD FORCE MAIN 10 BREAK; PROVIDING AND EFFECTIVE DATE. 11 12 WHEREAS, the City of Boynton Beach's Wastewater Collection and Transmission 13 System collects sewage in the City and delivers it to a regional wastewater treatment 14 facility; and 15 WHEREAS, On June 19, 2004 due to a break on the 16 inch force main at 3925 16 West Boynton Beach Boulevard, the City discharged untreated wastewater which flowed to 17 ground surfaces and storm drains along West Boynton Beach Boulevard; and 18 WHEREAS, the City and the DEP, which has the authority to initiate regulatory 19 compliance actions, have reached a resolution of the matter through the use of a Consent 20 Order, a copy of which is attached hereto as Exhibit "A"; and 21 22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 23 THE CITY OF BOYNTON BEACH FLORIDA: 24 25 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 26 being true and correct and are hereby made a specific part of this Resolution upon adoption 27 hereof. 28 Section 2: The City Commission of the City of Boynton Beach hereby 29 authorizes the City Manager to execute the Consent Order for settlement of the 3925 West 30 Boynton Beach Boulevard force main break Florida Department of Environmental S:\CA\RESO\DEP Consent Order.doc 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 II 1 Protection enforcement action (OGC File No. 04-1904), a copy of which is attached hereto 2 as Exhibit "A", Section 3: This Resolution shall become effective immediately upon its passage. PASSED AND ADOPTED this.3 day of Jo..r.UAf1 ,2006. CITY OF BOYNTON BEACH Commissioner C:\Docurnents and Settings\ferraral\Local Settings\Ternporary Internet Files\OLKIF\DEP Consent Order. doc ATTEST: ~t,m.~ i Clerk (Corporate Seal)