Loading...
HomeMy WebLinkAbout1998-12-28 99-50 ORDERCOUNCIL ACTION Date: pec. 28. 1998 Item No.: 99-5o ItemiSubject: AUTHOWING EXECUTION OF WASTEWATER TREATMENT AGREEMENT WITN SAWYER ENVIItONMENTAL RECOVERY FACILITY Responsible Department Engineering Commentary: During the past several yews the City's wastewater hewmem plant has 6equently processed leachate generated by the Sawyer landfill, which has been delivered by trucdc. Completion of Herman's new sewer extension on Odlin Road will allow Sawyer a direct piped connection. Staff has been negotiating a separate sewer agreement with Sawyer. The Sawyer agreement is similarto the existing Hampden and Hermon agreements and will require an up from payment to Bangor of approximately $84,000 fa Sawyers proportionate share of trumment plant capital costs. It also has several additlonal provisions including the right to limit Flow and a one structure that will always be 9least 20% higher then Burger's We and subject to annual CPI -W adjustment The watched order awhorims execution of the agreement. A copy of ted agreement is attached. (menu NeM Managels Comm'Ievrs:�,, . .._.0 ort u Wn.Qain cen✓:w.fa�t. �. 41iu.unr. W Qy laW2 c8 w PQtw ka w �.�.,. mmg, Associated Information: Q's� i Budget Approval: Fawmv Director Legal Approval: nn�� //�� C �i G'ry sdloaar Introduced For: -15;rPassage First Reading Referral Page of A signed to Councilor Farn December 28, 1998 CITY OF BANGOR (TITLE) (lLLM2.AUTAOR6WG EXECUTION OF WASTEWATERTREATMENT AGREEMENT W H SAWYER ENVIRONMENTAL RECOVERY FAC=Y BY tle City CoaaeR of w CRY OfBaawre ORDERED, TRAT the City Manager is hereby authorized and directed to execute an agreement between the City of Bangor sad Sawyer Envoomnental Recovery Facility regarding the use of Bongoes Wastewater Treatment Plant complex. A copy of the agreement is attached. xM CITY COUNCIL .' .' December 28, 1998 Y 99-50 Motion for passage Made S Seconded 0 DER Passed Title, Authorising Execution of Waste- ` eater Treatment Agrevent H[b sawyer C TY LBAIC lam eavlro�ntal Recovery MR Ilir; .. ....................... ....... I ............................. &V Moped to Councilmen 99-50 AGREEMENT BETWEEN BANGOR AND SAWYER ENVIRONMENTAL RECOVERY FACILITY REGARDING THE USE OF BANGOR'S WASTEWATER TREATMENT PLANT COMPLEX BY SAWYER THIS AGREEMENT is made this _ day of 1998, by and between the CITY OF BANGOR, a municipal corporation located in the County of Penobscot, State of Maine (hereinafter "BANGOR"), and SAWYER ENVIRONMENTAL RECOVERY FACILITY, a corporation located in Hampden in the County of Penobscot, State of Maine (hereinafter "SERF"), W 1 T N E a a E T H: WHEREAS, BANGOR has historically provided primary wastewater treatment of all domestic and industrial wastewater from HAMPDEN and H£RMON at the existing Primary Wastewater Treatment Plant owned and maintained by BANGOR located on lower Main Street near the Hampden town line; and WHEREAS, SERF currently desires an allocated 30 day average flow of .045 million gallons per day (MGD); and WHEREAS, the 1972 Amendment to the Federal Water Quality Act (P.L. 92-500) requires that all municipalities must provide secondary treatment of municipal wastewater; and 99-50 WHEREAS, BANGOR and the United States Of America have entered into a Consent Decree in the United States District Court for the District of Maine which requires that BANGOR shall upgrade its primary plant to provide secondary treatment, the construction of said upgrade to have been completed not later than December 31, 1992, and the operation of said upgraded plant to be in full compliance with all effluent limitations and other requirements of BANGOR's NPDES Permit and the Act by June 30, 1993, a copy of said Consent Decree attached hereto as Exhibit A; and WHEREAS, Bangor has completed the upgrading of its primary wastewater treatment plant to provide the required secondary treat- ment and to provide treatment of a portion of the combined sewer overflow (CSO) from Bangor; and WHEREAS, the construction and operation of said upgraded Wastewater Treatment Plant Complex requires significant capital expenditures for Construction, as well as increased costs of operation and maintenance; NOW, THEREFORE, in consideration of the covenants and conditions contained herein, BANGOR and SERF do mutually agree: SECTION A - EAFCOR AGREES' 1. To construct, furnish and maintain a Wastewater Treatment Plant Complex to provide for adequate and satisfactory treatment of domestic and industrial wastewater as necessary to meet the requirements of BANGOR'S NPDES Permit No. ME -0100781, issued by the Environmental Protection Agency (EPA), including any subsequent renewals, and State Waste Discharge License No. 1041, Or W001041 -47- B -R. issued by the Maine Department Of Environmental Protection (DEP), including any subsequent renewals; said treatment facilities -2- 99-50 to have a capacity of 18 MGD, with .045 MGD of said capacity reserved for SERF, said capacities based upon the maximum anticipated average 30 -day flaw. For reference purposes, the Complex has a current treatment capacity, as designed and built, with allocations for SERF flows, as follows: DeSiCn Parameter Complex SERF Average Daily Flow (MGD) 10.0 .02B Maximum 30 Day Flow (MGD) 18.0 .045 Peak Hydraulic Flow (MGD) 30.0 .439 Average Daily BOD (lbs) 11,800 SDO Maximum 30 Day BOD (lbs) 19.000 240 Average Daily TSS (lbs) 15,2DO 16 Maximum 30 Day TSS (lbs) 24,5DO 20 2. To implement fully and continuously have a program for monitoring compliance with pretreatment requirements by HAMPDEN and HERMON industrial users in accordance with BANGOR'S NPDES Permit, the Pretreatment program approved by EPA as of July 19. 1985 or any modification of that program subsequently approved by EPA pursuant to 4D C.F.R. Part 403, including sampling and enforcement of the pretreatment program, as outlined by this Interlocal Agreement, and all other administrative actions that may be required. 3. To administer all other Federal or State regulations, or any modifications or additions thereto, which may directly pertain to the operation and maintenance of said Wastewater Treatment Plant Complex. 4. To operate and maintain existing interceptor sewer lines extending from the Wastewater Treatment Plant Complex to the HERMON town line, said interceptor sewers being the point of connection of the HERMON interceptor sewers which carry the total wastewater flows -3- "-50 from HERMON to the Wastewater Treatment Plant complex, including the flow from SERF pursuant to the terms of this agreement. 5. To accept only leachate generated at the SERF facility in Hampden. 6. To hold SERF harmless from any additional construction or operation and maintenance costs incurred by BANGOR, where the unusual nature of such waste is responsible for such additional construction or operation and maintenance costs, for any replacement or addition to the Wastewater Treatment Plant Complex or for new treatment equipment needed to treat additional waste originating within BANGOR which shall be delivered to the Complex for treatment after the signing of this Agreement. Bangor will hold SERF harmless for any fines, penalties and costs resulting from any upset, pass through or other interference with the operation of the Complex that are directly attributable to sources outside SERF; provided, however, that where the origin Of such interference cannot be determined, all users will be responsible, proportionately, for any resulting fines. penalties or costs. SECTION B - SERF AGREES: 1. To maintain all sewer lines and pump stations within the boundaries of its property, and elsewhere to the point of connection to a public sewer. 2. To take whatever steps are necessary to ensure that SERF is operated and maintained in a manner that will not compromise BANGOR's ability to comply with BANGOR's approved Best Management Practices Plan developed pursuant to Paragraph 11 of the Consent Decree. SERF further agrees to limit or restrict its flow at the request of BANGOR to certain times of the day and further agrees -4- 99-50 to withhold its flow for up to five (5) days at a time at the request of BANGOR. Such requests shall be made when conditions are such that to protect the integrity of the Complex the cessation or restriction of flow is necessary. 3. To reimburse BANGOR for a portion of the capital costs of constructing the Wastewater Treatment Plant Complex as described in Section A. Paragraph 1 above. SERF's reimbursement to BANGOR shall be as follows: (a) SERF's reimbursement to BANGOR shall be based on its allocation of design capacity of .095 MGD 30 -day average flow, which represents .25000% of the 30 -day average design flow. SERF's reimbursement to RANCOR is in the amount of $89,683. Said amount represents SERF's proportion Of the costs as defined in subparagraph (b) below as of the date of this Agreement. (b) The reimbursements outlined above are based upon the estimated cost and risk to BANGOR for the construction of said Complex and related appurtenances, including documented costs of construction, design, planning, supervision, survey and layout, administrative, legal, fiscal, site acquisition, claims, interest and contingency, as outlined in Exhibit B attached hereto. (c) To reimburse BANGOR for treating wastewater that originates from SERF landfill in Hampden at the rate of $0.0066 per gallon. The amount of reimbursement per gallon shall be subject to an annual review with an adjustment to the amount being effective on the anniversary of the Agreement. This adjustment shall be based on the annual percentage change in the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI -W) for the U.S. City Average, as of the second month prior to the anniversary date of this -5- Agreement. If this index is discontinued or not published, the City will use an equivalent price adjustment index. The amount of reimbursement per gallon shall not be less than the cost plus twenty percent (208), per gallon, of the cost to BANGOR for the treatment of wastewater. In the event that, after adjustment of the annual amount of reimbursement per gallon, the amount SERF reimburses BANGOR per gallon is not twenty percent (208) more than BANGOR'S cost of treatment of wastewater per gallon, then the reimbursement shall be increased t0 the amount equal to the cost to BANGOR of treatment of wastewater plus twenty percent (208)_ The cost to BANGOR for the treatment of wastewater shall be the sewer rate per hundred cubic feet as established from time to time by the City of Bangor City Council, the rate as of this date being $4.14 per hundred cubic feet of flow (748 gallons). (d) The parties agree that BANGOR has certain additional allocated design capacity available. BANGOR agrees to sell SERF additional allocation of design Capacity, provided that, however, BANGOR reserves the right to use for itself or sell any available additional allocated design capacity after first giving SERF notice of BNUGOR's intention to use or sell said additional allocation of design capacity, and the right to purchase additional allocation of design capacity within sixty (60) days of said notice. BANGOR agrees to sell SERF additional allocation of design capacity as follows: 15,000 gallons within two (2) years from the date of this Agreement. M 99-50 Failure by SERF to purchase additional allocation of design capacity shall result in SERF's forfeiture of the right to purchase additional allocation of design capacity. For such additional allocation of design capacity, SERF shall pay to BANGOR the full pro -rata capital costs, including, but not limited to, BANGOR's pro -rata bonding and interest costs of the upgraded Wastewater Treatment Plant Complex through the date of such additional allocation of design capacity to SERF. 4. To reimburse BANGOR for the full costs and penalties of violations of the Consent Decree that result from, or for Which a causal connection can be made to, any excess loadings or other discharges originating in SERF. 5. To not contract for the use of any of its design Capacity allocation as set forth in Section A, Paragraph 1 above with users outside of SERF's limits without the express written approval of BANGOR. It is expressly understood and agreed that such approval by BANGOR may be conditioned upon payment of additional costs or fees imposed by BANGOR. 6. To maintain a flow meter that provides an accurate reading of the daily flow of wastewater from SERF into the BANGOR sewer system. The records of this flow meter will be used by BANGOR in tracking remaining Complex capacity and percent use of SERF's design capacity allocation and in determining whether future development will cause SERF to exceed its design capacity allocation. SERF shall provide, at its expense, for calibration of said flaw meter a minimum of once a year by the manufacturer or the manufacturer's qualified representative, as well as at such other -7- 99-50 times as BANGOR requests should recorded readings indicate unexplained or unanticipated anomalies in the flow from SERF. 7. To allow BANGOR personnel, in cooperation with SERF representatives, to sample SERF's wastewater for B00, TSS, TTO, pH, metals, oil and grease or other substances which Could Cause pass through, cause excess loading, affect biosolids or otherwise impact the Wastewater Treatment Plant Complex. The sampling is to take place at locations designated by BANGOR. SERF representatives may accompany BANGOR personnel on these sampling trips, but BANGOR is not precluded from such trips if no SERF representative is available. BANGOR will provide SERF with reasonable advance notice of its regular sampling schedule, but nothing herein precludes BANGOR from sampling at other than regularly scheduled times. BANGOR will attempt to contact SERF representatives prior to any sampling trip. SERF is to bear the costs of analysis of the wastewater samplings. SERF may choose to independently contract for the wastewater sampling and analysis; provided, however, that such sampling and analysis covers all parameters required by BANGOR, that the sampling and analysis frequency and location is approved by BANGOR, and that BANGOR is provided with copies of all reports of each sampling and analysis prepared by the independent contractor for SERF. SECTION ARTIES AGREE, 1. That the parties' combined average flow at the time of the signing of this Agreement will be less than the total design capacity of the upgraded Wastewater Treatment Plant Complex, and that some provision should be made for the orderly allocation of the excess capacity. The effect of this Agreement is that SERF shall be ME 99-50 entitled to that portion of the design capacity allocated to it under Section A. Paragraph 1, above, and BANGOR Shall be entitled to the remainder. It is contemplated that BANGOR may dispose of portions Of its remainder by contracting with other parties, including munici- palities or industrial users who comply with the provisions of Paragraph 4 of this Section and BICGOR's other industrial pretreatment requirements, to discharge to the Complex. 2. Beginning two from the date of this A that if the wastewater flow rates from SERF to the Wastewater Treatment Plant Complex reaches 80% of its allocated 30 -day average flow for three (3) continuous calendar months, that user will be required to initiate an engineering study to determine what future use or remedial action is available to the user to avoid a future surcharge of its allocated design capacity or purchase additional capacity under the terms and conditions of Section C, paragraph 2 of this Agreement. BANGOR must approve the consulting engineer chosen to conduct any such study prior to the initiation of the study, but the initiating user shall bear the full cost of the study and be bound by the recommendations. If subsequent Federal Or State statutes or regulations require upgrade, expansion, change of treatment process or other change in the operation of the Wastewater Treatment Plant Complex, the users shall proportionately share in the costs of any engineering study which is required to meet the provisions of such statute or regulation. The users shall mutually agree on a qualified consulting engineer to conduct such a study. The users will be obligated to follow the recommendations of the engineering study and pay their proportionate share of costs to implement the recommendations. All users of the Wastewater Treatment -9- 99-50 Plant Complex will be required to pay their proportionate share of the replacement or repair costs for any equipment that breaks down, otherwise malfunctions, or becomes physically or functionally obsolete. 3. If the parties are unable to agree as to the proper just a= or sums which shall be paid under Paragraphs B(3) or E(4) of this Agreement, then the matter shall be referred to arbitration in accordance with 14 M.R.S.A. 9 5927 �t seg., as the same may be amended from time to time. 4. Any notice required or given in connection with the terms of this Agreement shall be directed to Sawyer Environmental Recovery Facility, 358 Emerson Mill Road, Hampden, Maine 04444, or to the BANGOR City Manager, City Hall, 73 Harlow Street, Bangor, Maine, 04401. 5. This Agreement shall remain in full force and affect for twenty-eight (28) years from its effective date so long as wastewater from SERF is discharged into the BANGOR sewer system or until such time as this Agreement may be amended or replaced by a new contract mutually agreed upon by the parties, or is terminated pursuant to Paragraph 8 below. 6. During each calendar year the administration of this Agreement shall be reviewed by SERF and BANGOR. Additionally, at the time of renewal of BANGOR'S NPDES permit, the parties shall meet to review the substance of this Agreement, as well as any changes necessitated by the NPDES permit renewal process. If it is determined by either party at any time that conditions have changed to the extent that any provisions of this Agreement are in need of 0f 99-50 modification, then the provisions at issue shall be renegotiated in good faith. 0. This Agreement will be effective upon approval by the EPA and the DEP, except that all monies, including, but not limited to, operation and maintenance costs and capital costs specified herein are to be paid as required when due under this Agreement whether or not such approval has been received. B. BANGOR reserves the right to terminate this Agreement, Or any part thereof, and limit SERF's input of wastewater to the level of the most recent 30 -day average flow preceding the date of BANGOR's decision to terminate this Agreement, upon sixty (60) days written notice to SERF, for any breach of the conditions herein, or failure to fully cooperate in maintaining the proper operation and integrity of the entire wastewater treatment system. SERF may avoid such termination by entering Into a Schedule of Compliance with BANGOR before the expiration of said sixty (60) days. Said Schedule of Compliance shall set forth the nature of the breach, SERF's plan for correction and prevention of reoccurrence of the breach, and such other conditions as are necessary to insure the safe and efficient operation of the Wastewater Treatment Plant Complex. In no event shall such Schedule of Compliance Provide for more than one hundred eighty (180) days for full corrective action to be completed by SERF. Regardless of whether this Agreement is finally terminated pursuant to this provision and during any period covered by a Schedule of Compliance, SERF shall still pay its proportionate share of the operation and maintenance costs of the wastewater Treatment Plant Complex so long as wastewater continues to flow from SERF to Bangor. 11- 99-50 9. Should any term of this Agreement be held null and void or rescinded by a court of competent jurisdiction, the remaining terms of this Agreement will be unaffected and enforceable. 10. Definitions: Certain of the terms used in this Agreement are defined in Exhibit C attached hereto, which is incorporated herein by this reference. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed and their corporate seals affixed hereto as of the date first above written. CITY OF BANGOR By Witness Edward A. Barrett City Manager SAWYER ENVIRONMENTAL RECOVERY FACILITY By Its STATE OF MAINE Penobscot, as. 1998 Then personally appeared the above-named EDWARD A. BARRETT, i his capacity as City Manager, and acknowledged the above Agreement to be his free act and deed in his said capacity and the free act and deed of said body corporate. Before me, Notary Public/Attorney-at-Law Printed Name: 12- 99-50 STATE OF MAINE Penobscot, ss. 1998 Then personally appeared the above-named his/her capacity as of Sawyer Environmental Recovery Facility, and acknowledged the above Agreement to be his/her free act and deed in said capacity and the free act and deed of said corporation. Before me, Notary Public/Attorney-at-Law Printed Name: -13- DEFINITIONS As used in the Agreement attached hereto, the following terms have the meanings stated: (1) Average Daily BOD is the arithmetic average of the daily organic load received for a continuous 12 month period. (2) Average Daily Flow is the arithmetic average of the daily volumes received for a continuous 12 month period. (3) Average Daily TSS is the arithmetic average of the daily solids load received for a continuous 12 month period. (4) Maximum 30 Day BOD is the highest average of daily organic load received over a calendar month. (5) Maximum 30 Day Flow is the highest average of daily volumes received over a calendar month. (6) Maximum 30 Day TSS is the highest average of daily solids load received over a calendar month. (i) Peak Hydraulic Flow is the largest total volume of flow during a continuous 24 hour period. (B) PrimarY Wastewater TrMgSment Plant refers to the City of Bangor's Wastewater Treatment Plant and related facilities existing prior to commencement of construction of the Secondary Wastewater Treatment Plant. (9) Wastewater Treatment PlaUt COmelex(also Complex) refers to the combined Primary Wastewater Treatment Plant and Secondary Wastewater Treatment Plant as the same shall exist following final completion and operational certification of the Secondary Wastewater Treatment Plant.