HomeMy WebLinkAbout1996-01-22 96-94 ORDERSu.P. n f rw/ss
C o„,anuery �e YY•R
Date January 22 1996 Item No. 9696=94
Item/Subject: Authorizing Execution of Interlocal Agreements with
Hampden
Responsible Department: Legal
Commentary: This item would authorize the City Manager to execute
interlocal agreements with the Town of Hampden regarding industrial
pretreatment and Hampden's future use
e of the City of Bangor's
wastewater treatment plant complex.The draft agreements have been.
extensively reviewed by City staff and by the City Council in
executive session. Copies of the final draft agreements are
attached to the Council Order, with several blanks to be filled
in at the time of execution.
As negotiated to date these agreements, if approved by Hampden,
will result in an immediate cash payment to the City's sewer fund
of $1 million, with additional future payments totalling
approximately $1.4 million. Approval and execution of these
Agreements will resolve important issues which have been outstanding
for several years regarding Hampden's use of Bangor's treatment
plant complex.
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Ranger's Comments: -
ay Mmw%er
Associated Information:
Budget Approval:
—fill", -Da
Legal Approval:
City Struck r
Introduced For
O Panage
❑ First Reading Page _ of
❑Referral
96-94
A aped m Councilor
CITY OF BANGOR
QITLV (L)rb". AuthorixinS.,City Ma ager to Execute "Interjuriedictional
Agreement Between Bangor and Hampden on Industrial Pretreatment" and
"Interlocal Agreement Between Bangor and Rampden. Regarding the Use of
T ngof W' t"'w"et'eY Treatment'Ylant ComplexbyHampden"
By 4k Cal Coosa oftu cul of Beeper.
ORDERED,
TWT the City Manager is hereby authorized, on behalf of the
City of Bangor, to execute an "Interjurisdictional Agreement
Between Bangor and Hampden on Industrial Pretreatment" and an
"Interlocal Agreement Between Bangor .and Hampden Regarding the
Use.of Bangor's Wastewater Treatment Plant Complex by Hampden,"
substantially in the form attached hereto.
IN CITY COUNCIL
'.
' January 22, 1996
0 R 0 E R .>
Notion to indroduce Under
Suspension of the Rules
Vote: 9 yes Motion Passed
Title, Authorizing City Manager to
Councilors voting yea:
Execute "IntexjurisdictionaCAgreement
Baldacci, Blanchette,
- Between Bangor. and Hampdenlgn Industrial
f..d
Frenkel,Leen,Popper,
Pretreatment" "Interlocal.&.g
aan. "Interlocal
Sour, sullivan,Tyler.
r.
ding th
Between Bangor and Hampden Regarding the
6 Woodcock••••••••
Passed
Bangor's WSs[QW8[eY TYe8tlaertt
Complex
x by Hampden"
"gmadto
CITY CLERK
-.
.........til:.ppar....................
Cpwcilman
This Agreement is entered into this _ day of ,
1996, between the CITY OF BANGOR (hereinafter "BANGOR"), a
municipal corporation located in the County of Penobscot, State of
Maine, and the TOWN OF HAMPDEN (hereinafter "HAMPDBN"), a municipal
corporation located in the County of Penobscot, State of Maine
(hereinafter sometimes jointly referred to as the "Parties").
RECITAL$
1. BANGOR owns and operates a Wastewater Treatment Plant
Complex.
2. HAMTDEN currently utilizes this Wastewater Treatment
Plant Complex.
3. Users in BANPDEN currently contribute wastewater to the
Complex which may include industrial waste. -
4. Both parties recognize their respective need to
implement and enforce a pretreatment program to control industrial
waste under 40 CFR Part 403 and 3e M.R.S.A. 5 414-8, as the same
may be amended from time to time.
AGREMIZEM?
1. DANPDEN shall adopt a sewer use Ordinance which is
consistent with BANGOR's sewer use ordinance - Use of Public Sewers
and Drains, Chapter v, Article 9 of the Laws and Ordinances of the
City of BANGOR as it pertains to matters of industrial pretreatment
and discharge limits or any matters mandated by Federal or State
law. HAMPDEN's ordinance shall also provide that BANGOR's
Wastewater Treatment Plant Superintendent or the Superintendent's
designee(s) shall have the authority to conduct or require all
reasonable inspections, tests, or wastewater discharge sampling
procedures necessary to enforce HANPDEN'S pretreatment ordinance,
or as otherwise required under Federal or State law. A
representative(s) from HANPDEN shall be afforded the opportunity to
participate in and/or observe such activities through reasonable
advance notice from BANGOR, but nothing herein shall preclude
BANGOR from conducting such activities without the presence of the
ILINPDEN representative(s). HANPDEN's ordinance shall provide that
HANGOR's Superintendent or the Superintendent's deeignee(s) shall
have the authority to issue licenses or permits, assess fines and
revoke licenses or permits of industrial users of the HAMPDEN sewer
system, in accordance with BANGOR's pretreatment ordinance
provisions. BANGOR agrees that it will administer its industrial
pretreatment program in a manner that treats all dischargers to the
Wastewater Treatment Plant Complex, including those who discharge
into HANPDEN's sewer system, fairly and consistent with applicable
laws, regulations or ordinances.
2. Whenever BANGOR proposes to amend its sewer use
ordinance, it shall provide a copy of the proposed ordinance
amendment to HANPDEN at the time the proposed amendment is placed
on the Bangor City Council agenda for first reading. HANPDEN will
be notified of the time, date and location of any subsequent
hearing of the City Council Committee having jurisdiction over
sewer issues or Council workshop on the proposed amendment; as well
as for the second reading and action by the City Council. HAHPDEN
shall be afforded the opportunity to participate in any public
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hearings or other public discussions concerning the proposed
amendment. BANGOR shall forward to HAMPDEN a copy of any such
amendments within five (5) business days of a final vote enacting
the same by the City Council. within sixty (60) days of receipt of
any such amendments, HAMPDEN shall enact amendments to its sewer
use ordinances to maintain consistency with BANGOR's amended
ordinance as it pertains to matters of industrial pretreatment and
discharge limits or any other matters mandated by Federal or State
law. Examples of ordinance provisions which would require
amendment by HAMPDEN in order to maintain such consistency include,
but are not limited to, ordinance amendments enacted by BANGOR in
the following circumstances: 1) where the amendments are necessary
to comply with federal or state laws or regulations; 2) where the
amendments are necessary,. based on scientific and engineering
grounds, to protect or enhance the integrity and operation of the
Wastewater Treatment Plant Complex; or 3) where the amendments are
necessary to maintain, improve or enhance the overall operation and
maintenance of the wastewater Treatment Plant Complex or the
administration and implementation of the industrial pretreatment
program.
3. The Parties will periodically review their respective
sewer use ordinances and jointly draft and adopt amendments, which
are consistent in scope and stringency, to their respective sewer
use ordinances when deemed necessary for the effective
administration and operation of the pretreatment program. This
review will be conducted no less than once every five (5) years.
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However, either party, or the Environmental Protection Agency or
Department of Environmental Protection, may request a joint review
whenever such party believes that a review is necessary. A request
for such joint review must be forwarded by the requesting party to
all other parties, stating the reason for the request and the date
on which the review is requested to take place. Within five (5)
business days of receipt of the request, the receiving party must
respond to the request, stating that the proposed date is
satisfactory or proposing an alternate date(s) for the review. In
any case, the joint review will take place within thirty (30)
business days of the request.
4. HAMPDEN shall adopt and diligently enforce a local
limits ordinance which addresses at least the same pollutant
parameters as, and is consistent with, the local limits ordinance
enacted by BANGOR. Such action on its local limits ordinance by
HAMPDEN shall take place as soon as practicable, but in no event
later than one hundred (120) days after execution of this
Agreement. Should any local limits ordinance amendments be
proposed to BANGOR'S local limits ordinance thereafter, HAMPDEN
shall be obligated to respond as in Paragraph 2 above, upon
notification of such proposed amendments by BANGOR.
5. HAMPDEN designates, upon execution of this Agreement,
BANGOR as the agent of HAMPDEN for the purpose of implementation
and enforcement of HAMPDHN's sewer use ordinance as the same
pertains t0 industrial users located in HAMPDEN and using HAMPDEN's
public sewer system for delivery of wastewater to the Plant.
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6. BANGOR, on behalf of and as agent for HAMPDEN, will
Perform all technical and administrative duties necessary to
implement and enforce HAMPDEN's Sewer use ordinance as regards
industrial users located in HAMPDEN and using HANPDEN's public
sewer system for the delivery of wastewater to the Plant. Such
duties by BANGOR may include, but not be limited to: (1) issuing
permits or licenses to all HAMPDEN users required to obtain a
permit or license; (2) conducting inspections, sampling, and
analysis in RANPDEN; (3) taking all appropriate enforcement action
against HAMBDEN users as outlined in BANGOR's enforcement response
plan, including the execution of administrative consent decrees;
and (4) performing any other technical or administrative duties the
parties to this Agreement deem appropriate. BANGOR agrees to
conduct these activities in HAMPDEN consistent with the manner that
such activities are conducted in BANGOR. All fines, fees and other
charges assessed against Or required to be paid by HAMPDEN users
shall be consistent with those charged or assessed to BANGOR
users. A representative of HANPDEN may accompany BANGOR personnel
during any such activity. BANGOR will make an effort to notify
HAMPDEN reasonably in advance of such activity, but lack of an
accompanying HAMPDEN representative shall not preclude BANGOR from
conducting such activity. In addition, BANGOR may, as an agent of
HAMPDEN, take emergency action to stop or prevent any discharge
which presents or may present an imminent danger to the health or
welfare of humans, which reasonably appears to threaten the
enviroment, or which threatens to cause interference, pass
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through, or biosolids contamination in the Complex. All license or
permit fees or fines assessed or recovered by RANGOR's wastewater
Treatment Plant Superintendent under this provision shall accrue to
BANGOR for use in its wastewater pretreatment program. BANGOR
agrees to timely send copies of any correspondence sent to or
received from a HAMPDEN user and copies of all documents concerning
HAMPDEN or its users, including but not limited, to permits or
licenses, inspection and analysis reports, enforcement measures,
notices of violation, and consent decrees (proposed and final).
During any action by BANGOR, acting as agent for HAMPDEN enforcing
and administering BANGOR's pretreatment program in HAMPDEN, that
requires the Superintendent or the Superintendent's designee(s) to
visit the property of any user in HAMPDEN, a representative of
HAMPDEN shall accompany BANGOR personnel on said visit, but the
lack of a HAMPDEN representative shall not preclude BANGOR's
visit. BANGOR will make an effort to notify HAMPDEN reasonably in
advance of any such visit to facilitate the HAMPDEN
representative's participation in the visit.
]. MANPOEN shall within ninety (90) days of execution of
this Agreement conduct, and submit to BANGOR, an industrial waste
survey, in a form approved by BANGOR, within its municipal limits
and shall submit an updated survey to BANGOR by October 1st of each
year. This survey shall be sent to BANGOR's wastewater Treatment
Plant Superintendent or the Superintendent's designee.
B. Except for the caste and charges directly billed to
users under Paragraph 10 below, BANGOR shall assess HAMPDEN the
direct costs, including, but not limited to, equipment, attorney's
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fees, etc., and the direct and indirect (as periodically determined
by its indirect cost allocation plan) costs for labor incurred in
implementing and enforcing HANPDEN's industrial pretreatment sewer
use ordinance on behalf of HANPOEN. BANGOR will provide HANPDEN,
at its request, with a detailed accounting of such pretreatment
costs incurred. In assessing such costs, BANGOR shall credit to
HASPDEN'6 account the net amount of any fines, expenses, and legal
fees, recovered by BANGOR in enforcement actions, if any, brought
against RANPDRN's industrial users.
9. Before a significant industrial user located outside the
jurisdictional boundaries of HANPDEN is permitted to discharge into
RANPDEN's sewer system, RAPIDAN and BANGOR will enter into an
agreement with the jurisdiction in which such significant
industrial user is located. Such agreement shall be substantially
equivalent to this Agreement and must be fully executed prior to a
discharge from any significant industrial user in the outside
jurisdiction.
10. HANPDEN agrees that industrial users located in HANPDEN
and using HANPDEN's public sewer system for the delivery of
wastewater to the Plant will be billed by BANGOR for pre -license/
permitting inspections and/or sampling and analysis, as well as all
sampling, analysis or other direct costs associated with
implementing and enforcing HANPDEN's industrial pretreatment sewer
use ordinance. A copy of any such bills shall be provided to
HANPDEN at the time said bills are sent to said industrial users.
Any bill remaining unpaid for 65 days after the billing date shall
be paid by EANPDEN within 10 business days of notice by BANGOR that
the bill remains unpaid. BANGOR will provide HANPDEN, upon
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request, copies of all records and information pertinent to any
such uncollected or unpaid bills.
11. In addition to the itemised costs in Paragraph S above,
HAMPDEN shall pay BANGOR Two Thousand Seven Hundred Dollars
($2,700.00) per year for costs associated with administering the
industrial pretreatment program. BANGOR agrees to perform
additional pretreatment -related services for HAMPDEN, such as
sample taking, at NAMPDEN's request, to be billed on a time and
materials basis.
12. Any disputes arising out of this Agreement will be
submitted to arbitration pursuant to 14 M.R.S.A. 5 5927 at seg., as
the same may be amended from time to time. A decision reached in
arbitration, or the fact that the parties are engaged in
arbitration, will in no way limit BANGOR's power to enforce
requirements of this Agreement directly against users in HAMPDRN,
nor will it preclude BANGOR from taking any emergency action, such
as that which is described in Paragraph 6 above, against HAMPDEN
directly.
13. 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.
14. This Agreement will be reviewed and revised to ensure
compliance with the Federal Clean Mater Act (42 U.S.C. 5 1251 at
seq.) and rules and regulations (ee. _ 40 CPR Part 403) issued
thereunder, including any applicable amendments to such law, rules
or regulations as necessary, but at least once every five (5)
years
15. Either party may terminate this Agreement by providing
written notice to the other party. All benefits and obligations
under this Agreement will cease following one hundred eighty (180)
days from receipt of such notice. This Agreement will also
terminate at the expiration or termination of the Interlocal
Agreement Between Bangor and Hampden Regarding the Use of Bangor's
Wastewater Treatment Plant Complex by Hampden, with benefits and
obligations hereunder ceasing at that time.
CITY OF BANGOR
By
Witness Edward A. Barrett
City Manager
rc.�^W�nr:.aa:voa,
By
Marie G. Baker
Town Manager
STATE OF MAINE
PENOBSCOT, as. , 1996
Then personally appeared the above-named EDWARD A. BARRETT, in
his capacity as City Manager, and acknowledged the foregoing
instrument 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:
My Commission Expires:
M
STATE OF MAINE
PENOBSCOT, as. - , 1996
Then personally appeared the above-named MARIE G. BARER, in
her capacity as Town Manager, and acknowledged the foregoing
instrument to be her free act and deed in her said capacity, and
the. free act and deed of said body corporate.
Before me,
Notary Public/Attorney-at-Law
Printed Name:
My Concussion Expires,
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INTER10CAL AGREEMENT
BETWEEN BANGOR AND HANPDEN
REGARDING THE USE OF BANGOR'S
WASTEWATER TREATMENT PLANT COMPLEX BY HAMPDEN
THIS AGREEMENT is made this _ day of 1996, by
and between the CITY OF BANGOR, a municipal corporation located in
the County of Penobscot, State of Maine (hereinafter "BANGOR"), and
the TOWN OF HAMPDEN, a municipal corporation located in the County of
Penobscot, State of Maine (hereinafter "HAMPDEN"),
K IIN9EELT ED
WHEREAS, BANGOR has historically provided primary wastewater
treatment of all domestic and industrial wastewater from HAMPDEN at
the existing Primary Wastewater Treatment Plant owned and maintained
by BANGOR located on lower Main Street near the HAMPDEN town line
under the terms of an Agreement dated August 4, 1978; and
WHEREAS, Hampden currently exceeds its allocated 30 day
average flow pursuant to the existing Agreement of .60 million
gallons per day (MGD( on a regular basis during wet weather flows and
approaches the allocated flow during other times; and
WHEREAS, further sewer connection permits to wastewater
generators located in HAMPDEN cannot be issued under the existing
Agreement without exceeding the allocated flows; 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
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, HAMPDEN has previously requested that BANGOR reserve
additional capacity in said upgraded plant in excess of the 30 -day
average daily flow of 0.60 MGD as contained in an existing Agreement
dated August 4, 1978; and
WHEREAS, Bangor has completed the upgrading of its primary
wastewater treatment plant to provide the required secondary
treatment 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, thereby rendering the conditions contained
in said August 9, 1978 Agreement obsolete and not applicable to the
current situation pertaining to the provision of wastewater treatment
services;
NOW, THEREFORE, in consideration of the covenants and
conditions Contained herein, BANGOR and HAMPDEN d0 mutually agree
that said Agreement dated August 4, 1978 shall be null and void, and
shall be replaced with the following:
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SECTION A - BANGOR 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-0300781, 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 to have a capacity of 18 MGD, with 1.50 MGD of said
capacity reserved for HAMPDEN, said capacities based upon the maximum
anticipated average 30-day flow.
For reference purposes, the Complex has a current treatment
capacity, as designed and built, with allocations for Hampden flows,
as follows:
Design Parameter -Complex Hamoden
Average Daily Plow (MGD) 10.0 .84
Maximum 30 Day Plow (MGD) 18.0 1.50
Peak Hydraulic Plow (MGD) 30.0 2.20
Average Daily BOD (lbs) 11,800 1,600
Maximum 30 Day BOD (lbs) 19,000 1,800
Average Daily TGS (lbs) 15,200 1,600
Maximum 30 Day TSS (lbs) 24,500 1,800
2. To implement fully and continuously a program for
monitoring compliance with pretreatment requirements by HAMRDEN
industrial users in accordance with BANGOR'S "DES Permit, the
Pretreatment program approved by EPA as of July 19, 1985 or any
modification of that program subsequently approved by EPA pursuant to
40 C.P.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.
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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 an existing interceptor sewer
line extending from the Wastewater Treatment Plant Complex to the
HANPDEN town line, said interceptor sewer being the point of
connection of the HANPDEN interceptor sewer which carries the total
wastewater flow free HANPDEN to the Wastewater Treatment Plant
Complex.
S. To hold HANPDBN harmless from any additional construction
or operation and maintenance costs incurred by BANGOR for any
replacement or addition to the Wastewater Treatment Plant Complex or
for new treatment equipment needed to treat additional waste either
originating outside of HANPDEN or not utilizing the HAMPDEN public
sewer system which shall be delivered to the Plant for treatment
after the signing of this Agreement, where the unusual nature of such
waste is responsible for such additional construction and maintenance
costs, or where such costs arise from BANGOR, or its assigns,
exceeding the design capacities allocated to it under this
Agreement. In addition, BANGOR shall hold HANPDEN harmless from any
and all costs, expenses, fines or penalties arising from BANGOR's
failure to comply with any applicable laws and regulations or the
terms and conditions of any permits or consent agreements between
BANGOR and any governmental entities, except to the extent that any
such failure is directly attributable to waste originating in Hampden
and delivered to the Plant via the HANPDEN public sewer system.
Where the origin of such interference cannot be determined, all
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municipal users will be responsible, proportionately, for any
resulting fines, penalties or costa.
6. To accept other types of wastewater, such as septage from
holding tanks or leachate from industrial/commercial sources, from
properties situated in HAMPDEN in accordance with the same policies,
procedures, and billing rates used by BANGOR for wastewater which
originates in BANGOR.
Provided, however, that said wastewater shall not be counted
as part of HUU4PDEN's design allocation under this Agreement and shall
not be included as flow from BAMPDEN in the calculation of its
proportionate share of operation and maintenance costs under Section
B, Paragraph ] unless HAMPDEN has given its prior written approval,
including such conditions as it deems appropriate, to the acceptance
of said wastewater by BANGOR. It being the intention of the parties
that although BANGOR may contract out its design capacity allocation
under Section C, Paragraph 1, if BANGOR agrees to directly accept
wastewater from industrial users in HAMPDEN said wastewater shall not
be included as part of HANPDEN's design allocation and shall be
Included as part of BANGOR's flow for the purposes of calculating the
parties' proportionate share of operation and maintenance costs.
Town limits Of HAMPDEN.
2. To adopt and enforce a sewer use ordinance which is
consistent with Chapter V, Article 9, Use of Public Sewers and
Drains, as contained in the Laws and Ordinances of BANGOR, and to
amend or modify said ordinance as may be necessary to comply with any
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SECTION B -
HAMPDEN AGREES:
1. To
maintain all sewer
lines and pump
stations
within
the
Town limits Of HAMPDEN.
2. To adopt and enforce a sewer use ordinance which is
consistent with Chapter V, Article 9, Use of Public Sewers and
Drains, as contained in the Laws and Ordinances of BANGOR, and to
amend or modify said ordinance as may be necessary to comply with any
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future Federal or State requirements or to maintain consistency with
BANGOR's ordinance. HAMPDEN assumes responsibility for any and all
penalties, fines and coats assessed against or Incurred by BANGOR in
the event HAMPDEN's ordinance is not deemed consistent with BANGOR's
ordinance where such inconsistency results in a future enforcement
action against BANGOR.
3. To insure that all sewers connected to the interceptor
sewer in HANPDBN are restricted for sanitary or other properly
pretreated wastewaters only, and that such wastewater complies with
the provisions contained in the above-mentioned wawa and Ordinances
of BANGOR, including provisions that all currently known or later
discovered improper connections, excessive leakage, storm water, roof
drains, and cooling water are eliminated from said wastewater as
rapidly as technically and economically feasible.
4. To take whatever steps are necessary to ensure that
HANPDEN's sewer system 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. Toward that end, HAMPDEN shall continue its
program of sewer system maintenance and rehabilitation and sewer
ordinance enforcement to assure that discharges from the HAMPDEN
sewer system do not exceed the design capacity allocated to BAMPDEN
under Section A, Paragraph 1 above, and to achieve the goal of
reducing extraneous system flow from the NAMPDBN sewer system to the
lowest practical cost-effective minimum all in accordance with
federal and state laws and regulations.
5. To develop and adopt an ordinance permitting agents of
BANGOR and HAMPDEN, operating as described below, to gain access for
CM
the purpose of monitoring, sampling and enforcing the industrial
pretreatment program as described in Paragraph 2, Section A above.
Said ordinance shall specify that RANGOR's Wastewater Treatment Plant
Superintendent or the Superintendent's designee(s) shall be the
licensing and enforcement authority for all users of the BAMPDEM
sewer system who qualify as 'to be permitted" under pretreatment
discharge regulations of the U.E. EPA or Chapter V, Article 9, of the
Laws and Ordinances of the City of BANGOR, or other similar laws,
regulations or ordinances hereafter enacted or adopted by the United
States, the O.S. EPA, or the City of BANGOR. The conduct and
authority of BANGOR's agents and HAMPDEN'a agents shall be as
outlined in an Interjurisdictional Agreement Between BANGOR and
EAMPDEN on Industrial Pretreatment, attached and incorporated herein
by reference as Exhibit B.
6. 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. HAMPDEN's reimbursement to BANGOR
shall be as follows:
(a) HANPDEN's reimbursement to BANGOR shall be based on its
allocation of design Capacity of 1.5 MGD 30 day average. flow, which
represents B.33% of the 30 -day average design flow. HAMPOBN'6
reimbursement to BANGOR is in the amount of $ Said amount
represents HAMPDEN'6 proportion of the costs as defined in
subparagraph (b) below as of the date of this Agreement.
BAMPDEN shall pay its reimbursement to BANGOR as follows:
$1,000,000.001 less any payments previously made, at the time of the
signing of this Agreement; the balance within six (6) months of the
signing of this Agreement.
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On any portion of the payment due at the time of the signing
of this Agreement which remains unpaid at said time, HAMPDEN shall
pay to BANGOR interest at a rate of 10.758. On the remaining balance
due within six (6) months of the signing of this Agreement HAMPDEN
shall pay to BANGOR interest at a rate of 5.068. On any balance
which remains due at the expiration of said six (6) months, NANPDEN
shall pay to BANGOR interest at a rate of 10.758.
(b) The reimbursement outlined above is 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 C attached hereto.
BANGOR agrees to provide HANPDEN's designee(s) with access to
all records relating to the costs associated with the construction of
the upgraded Wastewater Treatment Plant Complex, and to cooperate
fully with said designee(s), for the purpose of permitting RAMPDBN to
verify said costs. Any disagreement as to said costs may be
submitted to arbitration by either party pursuant to Section C,
Paragraph 5 of this Agreement. in the event that the final costs are
determined to be less than the amount outlined in Exhibit C, BANGOR
agrees to reimburse RAMPDEN for any overpayment, it being the intent
of the parties that HAMPDEN's share of the capital coats shall be
8.338 thereof. Any reimbursement due HAMPDEN hereunder shall be paid
by BANGOR within three months of the date of the final determination
of costa.
7. To reimburse BANGOR for a proportionate share of the _
operation and maintenance costs of the Wastewater Treatment Plant
Complex less any direct offsetting non -rate operating revenues
received by BANGOR. These costs are to be paid monthly upon billing
by BANGOR based upon the ratio of the total monthly flow from HAMPDEN
to the total monthly flow processed by the Complex.
BANGOR reserves the right to bill RAMPDEN based on the unit
cost of treating BOD or TSS loading originating from HAMPDEN and
delivered to the Plant via HAMPDEN's public sewer system in excess of
350 mg/1 or a loading of fate, oils, or greases of animal or
vegetable origin or oil and grease or other petroleum or mineral oil
products in excess of 140 mg/l. BANGOR would be required to document
BOD and TSS and other excess loadings through regular sampling and
testing of HAMPDEN's wastewater delivered to the Complex. The costs
of this sampling and testing would be included in HAMPDBN's monthly
bill. A document entitled "Report on the Costs to Treat Wastewater',
attached hereto as Exhibit D, describes how the unit costs are to be
established. BANGOR would set RAMPDEN's unit cost based on the
fiscal year budget for the Complex, with adjustments to be made as
actual costs are determined for each month.
Operation and maintenance costs shall include, but not be
limited to, the costs for administration (including administration
costs as periodically determined by BANGOR's indirect cost allocation
plan), insurance, maintenance, capital costs incidental to
maintaining and replacing existing facilities, biosolids processing
and disposal, excess loadings, such as BOD, TSS, oil and grease, or
other substances which increase the Wastewater Treatment Plant
Complex's operation and maintenance coats, and other directly -related
costs except as provided in Section A, Paragraph 5 above. Flow from
HANDPEN shall be recorded by the existing metering station that
continually records the flow which enters the BANGOR facility from
SE
HARPIES to determine HAMPDEN's share of operation and maintenance
Costs. HANPDEN. shall be afforded the opportunity, at its request, to.
review the wastewater Treatment Plant Complex's operation and
maintenance costs for any billing period should any questions arise
concerning said billings. BANGOR will install at the Facility, at
HAMPDEN's sole expense, an instrument that will specifically record
HAMPDEN's flow in relation to total flow into the wastewater
Treatment Plant Complex.
'HAMPDEN further agrees to pay a surcharge equal to the
monthly capital depreciation cost per MGD of capacity times the
amount by which RAMPDEN exceeds its maximum 30 -day design capacity
allocated flow of 1.5 MGD. The monthly depreciation cost Shall be
computed as fellows:
BANGOR'S NET
DEPRECIATION = CAPITAL COST
is
(Cost/Month/MGD)
360
HAMPDEN acknowledges that as of the date of this Agreement
BANGOR's CSOs are not being treated. BANGOR and HAMPDEN acknowledge
that in the future, as required by the Consent Decree between BANGOR
and the United States of America, the Treatment Plant will treat a
portion of BANGOR's CSOs. BANGOR agrees to keep RAMPDEN timely
informed as to BANGOR'S development and/or implementation of plans to
treat its CSOs,and to provide HAMPDEN with access to all studies,
reports, plans, specifications, contracts, etc. relating to the
treatment or processing of BANGOR'S CSOs at the Plant. Prior to the
implementation of any plan for the treatment of its CSOs, BANGOR
agrees to meet with HAMPDEN to review and discuss the impact of any
-10-
such plan on (1)the design, treatment, or licensed capacity of the
Plant and (2) the direct or indirect costs of operation and
maintenance of the Plant. BANGOR agrees that before the data the
Treatment Plant begins treating CSO flows from BANGOR, it will have
in place a system by which it will be able to measure the costs
associated with said CSO treatment or processing. BANGOR agrees to
provide RAMBDEN with all information BANGOR has or will have
concerning the determination of the direct and indirect costs of
treating or processing its CSOs at the Plant. BANGOR will notify
RANPDEN as soon as BANGOR knows the date in which it will begin
treating or processing its CSOs at the Plant.
Operation and maintenance costs will not include the cost of
treating BANGOR'S CSOs. RANCOR agrees that RANPDEN shall bear no
costs, including, but not limited to, capital costs and operation and
maintenance costs, associated with theprocessingor treatment of
BANGOR's CSOB.
8. To indemnify 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 HANPDEN and delivered to the Plant via
HAMPDEN's public sewer system.
9. 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 HAMPDEN's municipal 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.
-11-
10. To maintain a flow meter that provides an accurate
reading of the daily flow of wastewater from EAMPDEN 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 HAMPDEN's
design capacity allocation and in determining whether future
development will cause NAMPDEN to exceed its design capacity
allocation. HAMPDEN shall provide, at its expense, for calibration
of said flow meter a minimum of once a year by the manufacturer or
the manufacturer's qualified representative, as well as at such other
times as BANGOR requests should recorded readings indicate
unexplained or unanticipated anomalies in the flow from HAMPDEN.
11. To allow BANGOR personnel, in cooperation with RAMPDEN
representatives, t0 Sample HAMPDEN's wastewater for BOD, TSH, 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 in HAMPDEN or BANGOR designated by BANGOR.
HAMPDEN representatives may accompany EANGOR personnel on these
sampling trips, but BANGOR is not precluded from such trips if no
HAMPDEN representative is available. BANGOR will provide HAMPDEN
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 HAMPDEN
representatives prior to any sampling trip. EAMPDEN is to bear the
costs of analysis of the wastewater samplings. HAMPDEN 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
-12-
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 HANPDEN.
12. In the event that BANGOR believes that capital
improvements are necessary to improve or maintain current facilities
in compliance with existing or future requirements under applicable
State or Federal laws, regulations or permits, it shall provide
written notice thereof to HAMPDEN, which notice shall describe the
improvements believed to be necessary, identify the laws,
regulations, or permits necessitating the same, and provide a cost
estimate for the improvements. Prior to undertaking any such
improvements, BANGOR shall consult with HANPDEN concerning the design
and costs thereof. If BANGOR and HANPDEN cannot agree on the
necessity of the improvements or the design or costs thereof, the
matter shall be submitted to arbitration under Section C, Paragraph 5
of this Agreement.
HANPDEN agrees to pay its pro -rata portion, based on the
Percentage that its design allocation at the time of the improvement
represents of the total design capacity of the Complex, of the
capital costs for improvements determined to be necessary under this
Paragraph 12. Payment shall be made as soon as reasonably possible,
giving due consideration to the amount to be paid and the necessity
of obtaining financing for the same. If financing is necessary,
HAMPDEN agrees to pursue said financing in good faith and with due
diligence.
SECTION C - BOTH PARTIES AGREE:
1. That the parties' combined average flow at the time of
the signing of this Agreement will be less than the total design
-13-
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 HAMPDEN shall
be 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 municipalities or industrial users who comply with the
provisions of Paragraph 4 of this Section and BANGOR's other
industrial pretreatment requirements, to discharge to the Complex.
2. That should BANGOR wish to dispose of any of its
remainder in the design capacity of the Wastewater Treatment Plant
Complex, and should RAMPDBN wish to receive an additional allocation
of design capacity from that remainder after the execution of this
Agreement, such additional allocation of design capacity, if
available, will require that HAMpDEN pay the full pro -rata capital
costs, including, but not limited to, SANGOR'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
HAMPDEN.
3. That if any user of the Wastewater Treatment Plant Complex
reaches 808 of its allocated maximum 30 -day average flow, 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. BANGOR must
approve the consulting engineer chosen to conduct any such study
prior to the initiation of the study, said approval not to be
unreasonably withheld, but the initiating user shall bear the full
-14-
oat of the study and make a good faith effort to comply with 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 coats 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 fellow the recommendations of the engineering study and
pay their proportionate share of costa to implement the
recommendations. All users of the Wastewater Treatment Plant Complex
will be required to pay their proportionate share of the replacement
or repair costs for any equipment that all users need and/or use that
breaks down, otherwise malfunctions, or becomes physically or
functionally obsolete.
That if any user of the Wastewater Treatment Plant Complex
reaches 1008 of its allocated maximum 30 -day average flow, that user
will be required to provide to BANGOR a plan for reducing flows which
is consistent with the above referenced engineering study or will be
required to purchase additional capacity from BANGOR provided that
BANGOR, in its sole discretion, is willing to sell additional
capacity. In the event an engineering study has not been done, then
the user will be required to initiate an engineering study as above
referenced and provide to BANGOR a plan for reducing flows.
4. Prior to allowing any future industrial users to tie into
EAMPDEN's sewer system, EAMPDEN shall require that such potential
industrial user submit to BANGOR a detailed listing of all
-15
` pklutants, effluents or flows which it proposes to introduce into
the sewer system. BANGOR will retain the original list and provide a
copy to HAMPDEN. This requirement shall be in addition to any other
licensing, reporting, monitoring or other requirement imposed under
BANGOR'S Industrial Pretreatment Program. If, in BANGOR'S reasonably
scientific opinion, the characteristics of the proposed discharge or
pollutants, effluents or flows are such that it will ultimately be
detrimental to the beneficial reuse or disposal of the Wastewater
Treatment Plant Complex biosolids, or may result in violations of
BANGOR'S BIDES permit, then BANGOR shall require adequate
pretreatment prior to connection to HAMPDRN's sewer system or shall
refuse the connection of such facilities into HAMPDEN's sewer system.
5. except as provided in this paragraph, if the parties are
unable to agree concerning the enforcement, administration, or
interpretation of the provisions of this Agreement, or if one party
disagrees with action taken by the other party, the matter shall be
submitted to arbitration in acordance with 14 M.R.S.A. 55 5927 et
seq., as the same may be amended from time to time. Provided,
however, the parties my not submit to arbitration matters that are
mandated by federal or state law, or are required under any permits
issued by federal or state regulatory agencies.
6. Any notice required or given in connection with the terms
of this Agreement shall be directed to the HAMPDEN Town Manager, 106
Western Avenue, Hampden, Maine, 04444, or to the BANGOR City Manager,
City Hall, 73 Harlow Street, Bangor, Maine, 04401.
7. This Agreement shall remain in full force and effect for
thirty (30) years from its effective date so long as wastewater from
HAMPDBN is discharged into the BANGOR sewer system or until such time
-16-
a2? this Agreement may be amended or replaced by a new contract
mutually agreed upon by the parties, or is terminated pursuant to
Paragraph 10 below.
E. Daring each calendar year the administration of this -
Agreement shall be reviewed by HAMPDEN and BANGOR. Additionally, at
the time of renewal of BANGOR's SIDES 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
modification, then the provisions at issue shall be renegotiated in
good faith.
9. Nothing herein shall prevent BANGOR from entering into a
similar Agreement with other municipalities or users; provided that
HAMPDEN's allocated design capacity as described in Section A,
Paragraph 1 above is not reduced and that said Agreements contain
substantially similar terms and conditions to those stated herein.
10. 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.
11. If in BANGOR's opinion HAMPDEN has breached any of the
terms and conditions of this Agreement, including but not limited to,
failure to make timely payments, failure to comply with the terms and
conditions of the Interjurisdictional Agreement between BANGOR and
HAMPDEN on Industrial Pretreatment, or failure to fully cooperate in
maintaining the proper operation and integrity of the entire
-17-
" ''Wa%tewater treatment system, BANGOR shall provide HAMPDEN with
written notification of the breach. HANPDEN shall, within sixty (50)
days of said notification, enter into a Schedule of Compliance with
BANGOR. Said Schedule of Compliance shall set forth the nature of
the breach, RANPDSN'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 HAMPDEN.
If HANPDEN fails to enter into a Schedule of Compliance
within sixty (60) days of said notification of breach, or fails to
comply with the terms and conditions of the Schedule of Compliance,
or if the continued existence of the breach interferes with the
proper operation of the Complex, BANGOR shall have the right to
terminate this Agreement, or any Part thereof, and limit NAMPDEN'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, or any part thereof, upon sixty (60) days written notice
to HAMPDEN. Regardless of whether this Agreement, or any part
thereof, is terminated pursuant to this provision and during any
period covered by a Schedule of Compliance, HANPDEN shall still pay
its proportionate share of the operation and maintenance costs of the
Wastewater Treatment Plant Complex as well as any surcharges or
additional costs as provided by this Agreement so long as wastewater
continues to flow from HANPDEN to BANGOR.
If there is a dispute as to matters which may be referred to
arbitration pursuant to Section C, Paragraph 5, then the dispute may
-18-
be referred to arbitration in accordance with 14 M.R.S.A. SS 5927 at
seq., as the same may be amended from time to time, upon the written
request of HAMPDEN, which request must be received by BAMGOR within
twenty (20) business days of the action or decision by BANGOR
complained of by HAMPDEN.
12. 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.
13. Definitions: Certain of the terms used in this Agreement
are defined in Exhibit E 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
Edward A. Barrett
City Manager
TOWN OF HAMPDEN
By
Witness Marie G. Baker
Town Manager
-19-
STATE OF MAINE
Penobscot, as.
W14n
Then personally appeared the above-named EDWARD A. BARNETT, in
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:
STATE OF MAINE
Penobscot, as..
MTV,
Then personally appeared the above-named MARIE G. BAKER, i
her capacity as Town Manager, and acknowledged the above Agreement
to be her free act and deed in her said capacity and the free act
and deed of said body corporate.
Before me,
Notary Public/Attorney-at-Law
Printed Name:
-20-
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