HomeMy WebLinkAbout1991-121-09/03/1991-BURNING HAZARDOUS WASTE CEMENT KILNS PRODUCTS PURCHASE OF CEMENT RESOLUTION 91-121
OF THE COUNCIL OF THE CITY OF FORT COLLINS
CONCERNING THE PURCHASE OF CEMENT AND PRODUCTS CONTAINING
CEMENT PRODUCED WITHOUT THE BURNING OF HAZARDOUS WASTE
WHEREAS, the disposal of hazardous waste materials is sometimes
accomplished by the burning of such waste in cement kilns, boilers and industrial
furnaces, whether for energy recovery purposes or otherwise; and
WHEREAS, the burning of hazardous waste in cement kilns can adversely
affect public health and the environment through the routine or accidental
release of hazardous waste during its transportation, transfer or storage and
through the burning process itself; and
WHEREAS, the Council has determined that pollution prevention through the
reduction of hazardous waste generation is preferred over burning as a waste
management strategy and that pollution prevention should be encouraged by
government policy; and
WHEREAS, the operation of cement kilns for hazardous waste incineration
is expected to reduce the disposal cost for such waste, with the corresponding
result that hazardous waste generators will be less inclined to investigate and
adopt pollution prevention techniques; and
WHEREAS, pursuant to Resolution 91-25, the Council stated its position that
hazardous or toxic substances should not be burned as fuel in cement kilns; and
WHEREAS, pursuant to Resolution 91-73, the Council directed City staff to
develop for Council 's review and approval a proposed work plan to implement the
foregoing policy of opposition, including development of a policy that City-
funded projects will not use cement made from cement kilns that burn hazardous
waste as fuel .
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS
as follows:
(1) That the City's Purchasing Agent will require vendors supplying cement
or products containing cement for City-funded projects to certify that the cement
was not made in cement kilns that burn hazardous waste as a fuel .
(2) For the purposes of this Resolution, hazardous waste shall be defined
as set forth in the Code of Federal Regulation (40 CFR Part 261) and shall
specifically include hazardous wastes burned for energy recovery in cement kilns,
boilers or industrial furnaces.
(3) For contracts subject to Chapter 8, Article IV of the City Code, any
bidder or proposer who has not provided the certification required by Section
(1) above shall not be awarded the bid or contract. In the event that no bidder
or proposer provides the required certification, the Purchasing Agent will make
reasonable efforts to find a vendor who will provide the certification. If such
vendor is not found then the requirement for such certification may be waived
by the City Council .
(4) Upon receiving credible information that a vendor has supplied cement
or products containing cement in violation of the vendor's certification required
by Section (1) above, the Purchasing Agent shall review such information and
offer the vendor an opportunity to respond. If the Purchasing Agent finds on
the basis of competent evidence that a violation of such certification has
occurred, the Purchasing Agent shall take such action as may be appropriate and
provided for by law, rule, regulation or contract, including but not limited to
imposing sanctions, seeking compliance, recovering damages and/or declaring the
vendor in default of any applicable contract.
Passed and adopted at a regular meeting of the Council of the City of Fort
Collins held this 3rd day of September, A.D. 1991.
Jud4A
Mayor
ATTEST:
City Cler