(A) (1) The intent of the Clark Fork River Superfund Overlay District is to protect public health and safety while allowing appropriate development activities in the city portion of the Clark Fork Superfund site. The requirements of this Overlay District also serve as institutional controls in the context of the Federal Superfund law (Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), being 42 U.S.C. §§ 9601 et seq., commonly known as Superfund).
(2) Notwithstanding the location of the Overlay District or operable unit of the Superfund site, nothing in this chapter shall be construed as limiting the ability of U.S. Environmental Protection Agency (EPA) or Montana Department of Environmental Quality (DEQ) to act on the Comprehensive Environmental Cleanup and Responsibility Act (CECRA) or any other environmental authority, or to restrict restoration actions by the Montana Department of Justice natural resource damage program or any other federal or state natural resources trustee. DEQ may require soil testing or other information to be provided for projects outside the Overlay District when circumstances warrant, such as when materials are suspected to be imported or contaminated. Furthermore, DEQ may require other contaminants besides arsenic to be tested for and addressed.
(B) The application of the Clark Fork River Superfund Overlay District is intended to ensure future developmental activities in the Overlay District do not damage or alter remedial actions (soil caps) or cause arsenic contaminants to migrate from current depositions into the river or other places in the environment.
(Prior Code, § 11.01.250.010) (Ord. 171, passed 9-17-2018; Ord. 2021-15, passed 12-20-2021)