HomeMy WebLinkAbout1987-12-28 88-62 ORDER88-62
Introduced by Councilor Sullivan, December 28, 1987
o- CITY OF BANGOR
(TITLE.) (®rber, -Authorizing Execution of Agreement with,,, mown of
By Be City CouaN of Me City ofBompw.'
ORDERED,
THAT Thomas E. Small, Acting City y elangex, is hereby
authorized and directed, on behalf of the City of Bangor, to
execute an Agreement with the Town of Herman, a copy of which
is on file in the office of the City Clerk, providing for the
continued treatment of sanitary sewage from the Town of
Hermon.
entity cwncii oeceriTeORDER sa,lsei - '81 OEC 23P4 :13
Passed Vote 8 Yes 1 Absent Title,
g Yes E �tette,Cox,England,
Fi ce1,T5 mt sullivan,TilleyAutnozizi g H�cut on of Agreement EI CITYCLERX88
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C y Clers with Twm of Herron - Se Systan
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filed by
Introduced a
.•,•a• .. ..... .....
Councilman
ills A(8iEO Sr entered into this day of , 1987 by and
between the CITY CP 6MYaJR, a municipal corporation located in the County of
Fenobscot and State of Maine (hereinafter referred to as "Bangor") and the
TON OF HEfdtl[i, a municipal corporation located in the County of Penobecot and
State of Maine (hereinafter referred to as "Heumn'1.
WITH Sm:
WHEREAS, Herron has constructed a sewer systen serving various
properties within its L ndaries; and
WHERP,AS, said Hermon sewer systmi connects to the Baegor sanitary
saver system at the intersection of Ha:mrond and Hildreth Streets in said
Bangor; and
WlWHFIS, the parties have previously entered into an agreement, dated
Jure 10, 1974, anal wended by Supplemental Pgrea vent No. 1, dated January 27,
1975, providing for the treatment by the City of Bangor of sanitary sewage
from Heron's sever system; and
UNEREM, by its teens, said Agreement,
as
amended, will
terminate
on
December 21, 1987 upon sixty (60) days' notice
by
either party;
and
WHEREAS, the parties wish to terminate said Agreenent end replace it
with a new Agreement providing for continued treatment of sanitary sewage from
the Town of Hereon,
NCW, THEREFORE, the parties hereto do annually oaienant and agree that
Barger will accept and treat sanitary sewage from Hermon delivered to an entry
and interconnection with the Bangor sanitary sewer system at the intersection
of Hammond and Hildreth streets in said Bangor, in accordance with the
following:
(1) NBIH£E[Y1NCE: The parties hereto shall operate, maintain and make
all necessary repairs, at their awn expends, to those portions of the Bangor
- and Heron sanitary sewer systems lying within their respective boundaries;
Provided, however, that title to that portion of the Harmed sewer systen lying
within the houndaries of the City of Bmgor shall remain with Hann.
(2) FL(aN! Henn hereby agrees that the maximum delivery flow frau
Hermon to the larger sanitary system stall net exceed 25,000 gallons in any
one day. Bangor agrees that is will not reduce the design average daily
sewage flow below the flow of 25,000 gallons par day from the point of
interconnection to the Bator treatment facility. It is understood and agreed
that the aforesaid capacity shall he additional to that provided for other
users of the Bogor sewage facility, and that Hanson skull be assured during
the tern of this agreement of acceptance by sector of volumes and quantities
set forth in the terms of this agreement.
(3) THEA'IMEdBf: It is hereby agreed that Bangor will use its best
efforts to adequately treat the sewage flow fran said Hermn's sewer livres in
acmnimmie with all regulatory standards so lrg as such sewage flow remains
below the maximum level set forth in Paragraph (2) abase.
h4) DISCHARGE UMIMD M SPNTTMY SFYI9GE: Hamm agrees that it will
not connect, remit t0 be connected, discharge, nor permit to be discharged,
into said demon sewer line any matter or waste which is not sanitary sewage.
Hermit agrees that no matter having characteristics Micb are toxic or
Otherwise danagirg to the biological Or chenical processes of the Bangor
treatment plant or to the Bangor sewer system nor containing concentrations of
pollutants other than those ordinarily found in domestic sanitary sewage shall
be discharged into said Heraon sewer lire. For purposes of this Agreement,
sanitary sewage shall be defined to include waste setter discharged frau
normal donestic sewage syste s, having a biological ox}gen deiand Of not more
than 200 milligreas per liter, a suspended solid lomling of not mora than 200
milligrams par liter, and a concentration of fats and grease of not more than
30 milligraas per liter, and not containing any gasoline, oil, grease or other
patrols products, or Other waste products designated as hazardous by either
Federal or State law. Herron shall take all necessary action to insure that
sanitary Sewage discharges perniitted hereunder shall be in awvrdance with all
laws, rules, regulations and requirments of any duly authorized gowmhental
authority, and Mere such laws, rules, regulations or requirements provide
:ore restricted standards than as are provided herein, such standards shall
apply. Herron further agrees to imrediately notify Bangor of any known spills
of deaaging substances into the Hannon sewer lire, or cf sewage flows or
breaks in its system, or of other conditions Mich could upset the operation
of the Bangor sawage treatment plant or damage its biological or chedical
processes. Hen cn agrees that during the term of this Igrassent, it stall
have continuously in force, and shall enforce, municipal ordinances in a form
approved by the BPA and IEP requiring pre-treaUrent of any industrial,
mimercial or other waste not meeting the standards provided herein before
permitting such waste to enter the Heiman sewer systen.
(5) SMM MINBC£ PROHIBITED: Hermon agrees that no storm sewers,
surface or subsurface drainage, will be permitted to enter the Hermon sewer
system. In additien, Hermon agrees in the operation ad maintenance of said
system, as prov£ded herein, to make all reasonable efforts to prevent
infiltration of ground water into said system.
(6) INF MIFICXIIM Hermon agrees that any damage, harm or injury
caused to any sewer lines, treatment facility or any other components of the
Bangor sewer system, resulting or caused by, any sewage or other matter
discharged into the Hannon sewer lire, shall be the responsibility of Hermon,
and Hermon shall indemnify Bangor for any ami all costs incurred in repairing
or replacing damged components of said Bangor system. In the event, for
reasons beyoml its control, Bogor cannot adequately transmit or process the
maxummn daily load allocated to Harmon ceder Parajraph (2) of this Agreement,
Bogor may reduce, curtail cr stop any or all flow in the Harmon sewer line,
upon written notice to Hernan. Hermon Worse that it shall hold.Bagor
harmless should such an event occur, ad shall irclennify Bangor for any damage
that may be irsurred by users of the Hermon system as a result of such action
by Bangor.
(7) INSPECTION: Hermon shall allow the City Engineer, or his
authorized agents, to inspect all properties arch facilities owned by the Town
of Hermon for purposes of monitoring Herm n's performance of its obligations
unler this Agreement. In addition, Hermon agrees to provide, by municipal
ordinance, for the entry an privately owned property served by the Herron
sweet systan by the Town of Hermon or the City Engineer, or both, or their
authorized agents, for purposes of determining compliance with the
requirements imposed under this Agreement.
(B) I= TO SLUDGE; For the purposes of recycling, processing or
sale, any and all sewage or sludge delivered to said Bangor system by the
Henson sewer lire shall benne the property of eager and may be used, sold or
otherwise disposed of by Bangor in any manner as it may deem fit.
(9) h MIRIES: After the date Of this Agreoment, an new entry
shall be permitted into the existing Harrah sewer system and said system may
not be expanded in any respect without the prior written approval of the Trnm
Manager of the Non of Hermon, or his duly authorized agent. In approving
such entry or expansion, said Town Manager shall first notify the City
"ineer of the City of Bangor. If either the Town Manager or the City
Engineer determine that said potential discharge will increase the daily
average flow, or increase the peak flow beyond the ncvu m set forth in
Paragraph (2) of this Agreement, or would result in discharge of matter or
waste rot permitted under Paragraph (4) herein, neither said Town manager nor
said City Engineer shall approve such entry.
users") shall be charged the sewer user fees in accordance with the sewer user
fee schedule previously adopted by the Bangor City Council, and as may be
amended or revised by said Council from time to time. Nothing herein shall
prohibit said City Council from establishing a schedule of rates for Hermon
sewer users different from those rates changed to Bangor sever users to the
extent permitted by law.
(10) SERER USER FEEHt All
persons, firms, associations,
partnerehips
and
corporatiome owning land located in the Town of Hermon, from
which entry
has
been male into the Harman sewer
line (hereinafter referred to
as "Hermon
users") shall be charged the sewer user fees in accordance with the sewer user
fee schedule previously adopted by the Bangor City Council, and as may be
amended or revised by said Council from time to time. Nothing herein shall
prohibit said City Council from establishing a schedule of rates for Hermon
sewer users different from those rates changed to Bangor sever users to the
extent permitted by law.
(11) BIMING INkOEMTION: Initially, it shall be the responsibility
of By r to bill and to collect all sewer user fees due from Henn users.
Nl such fees not paid in full within sixty-five (65) days after the data of
billing, shall, upon submission to the Town Manager of the Town of Henn, be
paid by Henn within ten (10) days thereafter, and thereafter Beru_n shall be
responsible for further collection of such charges. Bangor shall make
avaiiable to Hence:, upon request, all records and information pertinent to
such sewer user fees charged.
(12) F METER: Within sixty (60) days of the date of this
Agre xxont, Hannon shall install, at its expense, a flow -ureter of such size and
capability as may he reasonably required by the Bangor City Engineer for
purposes of measuring daily flow frxn the Hermon sewer system into the Bangor
system. Said flow -meter shall be placed by Hernwn at a location approved by
said Engineer and as close as is reasonably possible to the Herxon-Bangor
boundary lire. Said meter shall be accessible at all times by authorized
representatives of both municipalities, and shell be read by representatives
of both municipalities at least once per month. In the event any of said
monthly meter readings stow a total volume of flow for the previous month in
excess of the total volume of flow billed for that month to users of the
Hermon systam, Henn shall
fay to Bargor for said additional
total
flow at a
rate established pursuant to
Paragraph 10 of this Pgreenant.
(13) ENTRY FTM B.NV(yJR P"MIES: No provision of this Agreement
stall be construed as to prohibit Bangor from permitting entry into said sewer
line by persons owning real estate abutting said lire and located within the
Gcundries of the City of Bangor, provided that ro discharge into the systen by
such users shall be considered part of the delivery flow or discharge fen
Henn for any WrIose under this Agreement.
(14) MFA T; In the event Hermon fails to pay any charges when due
or to comply with or perform any of the conditions or obligations on its part
to be performed under this Agreement, Bangor may, in its sole discretion,
after sixty (60) dayswritten notice to Hodson, declare this Agreement
terminated and thereafter discontinue accepting sewage fcon said Hemron sewer
system. The discontinuance of accepting sewage from Hermon shall not release
Hermon, or any of its sewer usere, from any liability for charges or fees
previously provided under this Agreement. Nothing contained in this Paragraph
shall reduce the time period specified in Paragraph (6) herein.
(15) NCIICES: Notices to Hannon provided for in this Agreerent shall
he sufficient if sent by certified mail, return receipt requested, postage
prepaid to: Tom of Hamm, R.R. No. 3 - Box 1206, Bander, Maine, 04401,
Attention: T Manager: and notices m Bangor are to be sent by certified
mail, return receipt requested, postage prepaid to: City of Bangor, 73 Harlow
Street, Bangor, Maim, 04401, Attention: City Manager; or to such other
respective addresses as the parties may designate to each other in writing
from time to time.
(16) T h This Agreement shall [amain in full force and effect
until tecember 31. 1992, and thereafter, shall continue from year to year
until either or both parties serve written notice on the other, at least sixty
(60) days prior to the expiration of such annual expiration data, stating an
intention to terminate this Agreement.
m WITNESS DAIfP ,
the parties hereto have
hereunto set
their
hands
and
seals the day and year
first written sows.
Signed, Sealed and Wlivered
in the Presence of: CITY OF BAlI4OR
0
Title Acting City Manaaer
0
Title Toxn Manager
STATE OF MAINE
P12K)BSCOT, ss. , 1987
Then personally appeared the above-nmaed Thonas E. 9 11, Acting City
Manager, and acknowledged the foregoing instraoent to he his free ac: and deed
in his said capacity, and the free act and deed of said body corporate.
Eefore ne,
Notary Public Attorney-at-law
Printed Naw: