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A resolution approving a notice of land use restrictions applicable to a portion of the campus of the Omohundro Water Treatment Plant. (Proposal No. 2025M-015PR-001)
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WHEREAS, the Metropolitan Government, by and through its Department of Water and Sewerage Services, owns and operates the Omohundro Water Treatment Plant on an approximately 127-acre parcel of property (the “Property); and,
WHEREAS, an approximately 16-acre portion (the “Landfill Area”) of the Property was once used as a landfill by the City of Nashville; and,
WHEREAS, pursuant to the Notice of Land Use Restrictions attached to this resolution as Exhibit 1, the Metropolitan Government and the State of Tennessee, by and through its Department of Environment and Conservation, propose to memorialize the conditions of use and sale of the Landfill Area for the protection of the public and the local environment; and,
WHEREAS, approval of the Notice of Land Use Restrictions is in the best interest of The Metropolitan Government of Nashville and Davidson County.
NOW, THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:
Section 1. Execution and recording of the Notice of Land Use Restrictions (Exhibit 1) is hereby approved.
Section 2. The Metropolitan Mayor or designee is authorized to execute such additional reasonable and customary documents as necessary to carry out the intent of this resolution.
Section 3. This resolution shall take effect from and after its adoption, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.
Agenda Analysis
Analysis
This resolution approves a notice of land use restrictions applicable to a portion of the campus of the Omohundro Water Treatment Plant. This document outlines the conditions of use and sale restrictions of a 16-acre portion of the 127-acre water treatment plant property that was leased by the Metropolitan Government (“Metro”) for use as a landfill from 1971 to 1974. The Tennessee Division of Solid Waste Management (now “TDEC”) recommended closure due to large amounts of leachate production and minimal soil available for cover. In 1974, TDEC received a closure plan from Metro calling for a final cover of 24 inches compacted soil. In 1985, the site was promulgated and added to the State List of Hazardous Substance Sites.
Metro purchased the property in 2012 for use by its Department of Water and Sewerage Services for additional storage space and facility expansion for the adjacent water treatment facility. Metro removed buildings and re-established the landfill cap with two feet of new compacted clay cover. New stormwater control measures were also installed. Metro also paved a parking lot on a portion of the landfill area and added vegetative cover to the rest of the landfill area. A solar energy facility was constructed on top of the clay-capped area on the north side of the landfill area.
The notice of land use restrictions limits certain property uses for this 16-acre portion of the property. The property may not be used for residential purposes. All contaminated waste and media shall be contained in a designated area and shall remain covered by a minimum of 24 inches of clean soil or by an impervious surface. No trees or other invasive plants shall be grown in the designated area. The restriction prohibits (1) the installation of groundwater wells for any purpose other than environmental monitoring and (2) the installation of groundwater wells intended for use as a potable water source. The entire landfill area shall not be excavated or otherwise disturbed in any manner without the prior written approval of TDEC or except in accordance with a TDEC-approved site or soil management plan. Metro shall not begin construction of any buildings or expand any future buildings in the Landfill Area without evaluating whether environmental conditions pose a threat of vapor intrusion into a new building or expansion, sharing its findings with TDEC, and receiving TDEC's written approval.
The resolution further authorizes the Mayor, or a designee, to execute any additional documents that would be necessary to carry out the intent of the resolution.