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.
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Budget Approval:
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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 .............................
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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
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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
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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
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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
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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
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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.
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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
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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
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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
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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
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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.
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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:
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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:
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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.