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HomeMy WebLinkAboutR-2000-060 Special Agreement with City of Union GapRESOLUTION NO. R-2000- 60 A RESOLUTION authorizing the City Manager and City Clerk of the City of Yakima "City" to execute a Special Agreement with the City of Union Gap "Union Gap" to implement the requirements of the National Pretreatment System. WHEREAS The City owns and operates a wastewater treatment system. WHEREAS Union Gap owns and operates a wastewater collection system, and utilizes the City's wastewater treatment system to treat wastewater collected by Union Gap's system. • WHEREAS Owners and operators of facilities located in Union Gap, currently contribute wastewater that includes industrial waste ("Industrial Users"). Such facilities are "industrial dischargers" within the meaning of the City's pretreatment ordinance, Yakima Municipal Code Section 7.65.020, and applicable federal and state regulations. WHEREAS The City is required to implement a pretreatment program to control discharges from all industrial users of its wastewater treatment system pursuant to requirements set out in 40 CFR Part 403, Chapter 90.48 RCW, Chapters 173-208 WAC, 173-216 WAC, 173-201A WAC, and 173-240 WAC and the City's National Pollution Discharge Elimination System Permit ("NPDES Permit"). WHEREAS Union Gap has authority, including RCW 35.92.020, to adopt and enforce a pretreatment resolution and other controls on Industrial Users as set forth in this Special Agreement. WHEREAS Under Section 4 of the 1976 Agreement, the parties to that agreement agreed that: "Wastes prohibited by the US. Environmental Protection Agency or by the State Department of Ecology, waste of unusual quantity or organic strength, waste containing toxic or deleterious matter incompatible with the waste treatment process, or that may be harmful to the treatment process or the quality of the receiving waters, shall not be discharged into the City's sewage system except by Special Agreement. Consent to such Special Agreement shall not be unreasonably withheld. As a part of such special agreement, the City may require that concentration of such substances in waste discharged to its system be eliminated or reduced to acceptable limits by pre-treatment. Union Gap shall be responsible for ensuring that wastes discharged to their respective systems meet the relevant quality standards set forth by the Special Agreement." BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager and City Clerk are hereby duly authorized to execute the attached and incorporated Special Agreement for pretreatment services with the City of Union Gap and other documents relating to the planning and implementation of the National Pretreatment Program. ADOPTED BY THE CITY COUNCIL this 16th day of May, 2000 Mayor l ary Place ATTEST: City Clerk • • SPECIAL AGREEMENT between The City of Yakima and City of Union Gap This Special Agreement is entered into this day of 2000, between the City of Yakima ( "City") and City of Union Gap ("Union Gap") (the ".Parties"'). I. RECITALS A. The City owns and operates a wastewater treatment system. B. Union Gap owns and operates a wastewater collection system, and utilizes the City's wastewater treatment system to treat wastewater collected by Union Gap's system. A February 1976 Agreement for Wastewater Treatment and Disposal Service by and between the City and three contributing jurisdictions—the County of Yakima (the "County"), the Town of Union Gap and the Terrace Heights Sewer District (the "1976 Agreement"), and the.September 9, 1997 Settlement Agreement among the City, Union Gap and Terrace Heights (the "1997 Agreement") governs the use of the City's wastewater treatment system by Union Gap. C. Owners and operators of facilities located in Union Gap currently contribute wastewater that includes industrial waste ("Industrial Users"). Such facilities are "industrial dischargers" within the meaning of the City's pretreatment ordinance, Yakima Municipal Code Section 7.65.020, and applicable federal and state regulations. D. The City is required to implement a pretreatment program to control discharges from all industrial users of its wastewater treatment system pursuant to requirements set out in 40 CFR Part 403, Chapter 90.48 RCW, Chapters 173-208 WAC, 173-216 WAC, 173-201A WAC, and 173-240 WAC and the City's National Pollution Discharge Elimination System Permit ("NPDES Permit"). The City has implemented, and received approval from the Washington State Department of Ecology ("Ecology") for a partial pretreatment program. Under the City's partial pretreatment program, Ecology retains authority to issue state waste discharge permits to Industrial Users and authority to enforce such permits. E. Through its September 1997 NPDES Permit, the City is required to apply for full delegation of its pretreatment program from Ecology by July 1, 2000. Ecology does not expect to complete full delegation to the City until the reissuance of the NPDES Permit scheduled for 2002. For purposes of this Special Agreement, the date upon which Ecology fully delegates a pretreatment program to the City shall be called "the date of full delegation." To secure full delegation, the City must demonstrate by July 1, 2000 that legal authority exists to ensure K:\25722\89001\KJL\KJL A20B6 -1- 05/10/00 application of the pretreatment program in areas, such as Union Gap, outside of the City but served by the City's wastewater treatment system. F. Union Gap has authority under RCW 35.92.020 to adopt and enforce a pretreatment ordinance and other controls on Industrial Users as set forth in this Special Agreement. G. lJnder Section 4 of the 1976 Agreement, the parties to that agreement agreed that: Wastes prohibited by the US. Environmental Protection Agency or by the State Department of Ecology, waste of unusual quantity or organic strength, waste containing toxic or deleterious matter incompatible with the waste treatment process, or that may be harmful to the treatment process or the quality of the receiving waters, shall not be discharged into the City's sewage system except by Special Agreement. Consent to such Special Agreement shall not be unreasonably withheld. As a part of such special agreement, the City may require that concentration of such substances in waste discharged to its system be eliminated or reduced to acceptable limits by pre-treatment. The Town [Union Gap], the District [Terrace Heights] and. the County shall be responsible for ensuring that wastes discharged to their respective systems meet the relevant quality standards set forth by the Special Agreement. H. To implement the requirements of Section 4 of the 1976 Agreement, and in support of Yak:ima's application for full delegation of its pretreatment program from Ecology, the Parties are entering into this Special Agreement. In this Special Agreement, Union Gap agrees to adopt and implement a sewer use ordinance that subjects the Industrial Users subject to its jurisdiction to the necessary pretreatment controls. The Parties intend that all provisions of the Agreement, including Section 4 of the 1976 Agreement, remain in full force and effect. Therefore, the Parties agree as follows: II. SEWER USE ORDINANCE A. Union Gap shall adopt and diligently enforce a sewer use ordinance that is no less stringent and is as broad in scope as the sewer use ordinance of the City (City of Yakima Municipal Code, Chapter 7.65 et seq.) as may be amended from time to time ("City's Sewer Use Ordinance"); provided, however, that the sewer use ordinance need not include wastewater discharge permitting authority if such authority has not been delegated to Union Gap by Ecology. Union Gap's sewer use ordinance will include pollutant -specific local limits that address at least the same pollutant parameters and that are at least as stringent as the local limits included in the City's Sewer Use Ordinance. Union Gap's sewer use ordinance will include the ability to control, through a permit, order, agreement, or similar means, the contribution to the City's wastewater treatment system from each Industrial User within Union Gap's jurisdiction, pursuant to 40 CFR 403.8(f)(1)(iii). Union Gap will forward to the City, for the City's review, a draft of its proposed sewer use ordinance within forty-five (45) days of the date of this Special Agreement. Union Gap shall adopt its sewer use ordinance within forty-five (45) days of receiving approval from the City of its content. K:\25722\89001\KJL\KJL A20B6 -2- 05/10/00 • B. Before revising its Sewer Use Ordinance or any component thereof, the City will forward a copy of the proposed revision(s) to Union Gap for review. Union Gap will provide any comment on such revision(s) within thirty (30) days of receipt of the City's proposed revisions. The City shall take into consideration Union Gap's comments in finalizing its revision(s). C. When the City completes any revisions to its Sewer Use Ordinance or any component thereof, it will forward a copy of the final revisions to Union Gap. Union Gap will adopt revisions to its sewer use ordinance that are at least as stringent as those adopted by the City. Union Gap will forward to the City, for review, its proposed revisions within forty-five (45) days of receipt of the City's revisions. Union Gap will adopt its revisions within forty-five (45) days of receiving approval from the City of its content. D. Nothing in this Special Agreement precludes Union Gap from enacting and enforcing regulations more stringent than those set forth herein. III. DUTIES AND RESPONSIBILITY OF UNION GAP A. Union Gap will take all actions necessary to ensure that Industrial Users within its boundaries are subject to an approved pretreatment program to the extent required by 40 CFR § 403.8. Such actions shall include, but are not limited to, Union Gap's performance of all technical and administrative duties necessary to implement its sewer use ordinance (except for the issuance of waste discharge permits and enforcement authority prior to the date of full delegation, which remain the responsibility of Ecology). Union Gap will: (1) Update the industrial waste survey; (2) Ensure that all Industrial Users required to obtain a wastewater discharge permit (or equivalent individual control mechanism) have been issued such permit or authorization by either Ecology (prior to the date of full delegation) or Union Gap (on and after thedate of full delegation) prior to discharge; (3) Conduct inspections, sampling, and analysis; (4) Inform the City and Ecology of all violations of its sewer use ordinance or of any other need for enforcement action; (5) Perform any other technical or administrative duties the Parties deem appropriate; and (6) Take emergency action to stop or prevent any discharge that presents or may present an imminent danger to the health or welfare of humans, that reasonably appears to threaten the environment, that threatens to cause interference, pass through, or sludge contamination,- or that may cause the City to fail to comply with the terms of its NPDES Permit. K:\25722\89001\KJL\KJL A20B6 -3- 05/10/00 B. Union Gap shall maintain current information on Industrial Users located in its jurisdiction. This information shall include, but not be limited to, name and address of owner and operator, nature of discharge, emergency contact, and copy of all discharge permits. Union Gap will update the industrial waste survey by January 1, 2005 for Industrial Users located in its jurisdiction. Union Gap will forward a copy of this survey to the City and Ecology. C. Whenever a new Industrial User begins operations in Union Gap, or any time existing industrial user changes in its operations or processes which significantly affect its wastewater constituents or characteristics, or storage of chemicals (these changes include, but are not limited to, flow increases of twenty percent (20%) or greater, the commencement of discharge of any substance prohibited or limited under the City's Sewer Use Ordinance, and the addition of any process covered by national categorical pretreatment standards), or has an enforcement action brought against it, or at any time requested by the City or Ecology, Union Gap will require that such Industrial User respond to an industrial user questionnaire that includes information requested by the City. Union Gap will forward a copy of the completed questionnaire to the City and Ecology. D. Union Gap will provide the City and Ecology access to all records or documents relevant to the pretreatment program for any Industrial User located in Union Gap or discharging through Union Gap to the City. E. Union Gap shall inspect and sample all Significant Industrial Users and a representative number of Minor Industrial Users located in its jurisdiction each year, or more often if required by Federal or State law. Union Gap will submit written notice of scheduled inspections to the City and Ecology, providing the opportunity for the City and Ecology to attend all inspections. If an inspection is in response to an emergency situation and such notice is not possible, Union Gap will make every effort to informally notify the City and Ecology of the impending inspection so the City and Ecology may attend. Union Gap will forward copies of all inspection reports to the City and Ecology within twenty (20) days of the inspection. Union Gap will submit to the City and Ecology its procedures for sampling and analyses, including all procedures in place for quality assurance and quality control. All procedures will conform to those set out in 40 CFR Part 136, except as otherwise required by the U.S. Environmental Protection Agency. F. The City may, with notice to Union Gap, conduct inspections and sampling at any Industrial User's facility located within Union Gap, as it deems necessary. G. Union Gap will submit an annual report to the City and Ecology on the compliance status of each Significant Industrial User. Such report shall be received by the City and Ecology on or before February 5th each year. H. Union Gap shall be responsible for all costs related to its performance of the technical and administrative duties necessary to implement its pretreatment requirements under this Special Agreement. Union Gap shall be responsible for the costs incurred by the City in its' oversight of the Union Gap pretreatment program. Union Gap shall be responsible for all costs K:\25722\89001\KJL\KJL A20B6 -4- 05/10/00 • • • for tasks performed, by the City, at Union Gap's request The City shall provide a cost schedule for pretreatment activities. IV. EXTRA -JURISDICTIONAL NEW INDUSTRIAL USERS Before an Industrial User located outside the jurisdiction of Union Gap discharges into Union Gap's sewer system, Union Gap and the City will enter into an agreement with the jurisdiction in which such Industrial User is located. Such agreement must include terms that are substantially equivalent to this Special Agreement and must be fully secured prior to a discharge from any Industrial User outside the jurisdiction of Union Gap. V. ENFORCEMENT AND DISPUTE RESOLUTION A. The City shall have all enforcement remedies available to it under the City's Sewer Use Ordinance, this Special Agreement or applicable law in the event that the City finds that industrial wastewater discharged from Union Gap's sewer system has violated or is violating the pretreatment standards and requirements of the City's Sewer Use Ordinance. B. All other disputes concerning this Special Agreement and its interpretation that may arise between the City and Union Gap from the date hereof until the termination of this Special Agreement shall be submitted to and be determined and settled by mediation, followed by arbitration if necessary in the manner set forth in Section 9 of the 1976 Agreement. VI. EMERGENCY ACTIONS The City may take, or direct Union Gap to take, emergency action whenever the City deems necessary, to stop or prevent any discharge that presents, or may present, an imminent danger to the health or welfare of humans, that reasonably appears to threaten the environment, that threatens to cause interference, pass through, or biosolids contamination, or that may cause the City to fail to comply with the terms of its NPDES Permit. The City will provide informal notice to the Industrial User of its intent to take emergency action prior to taking action. The City will also use reasonable efforts to notify Union Gap (such efforts to include telephone contact) of its intent to take emergency action prior to taking action. Depending on the immediacy of the need for action, however, the opportunity to respond may be limited to a hearing after the emergency powers of the City have been exercised. VII. INDEMNIFICATION A. Union Gap shall indemnify and hold the City harmless for all damages, fines, and costs (including, without limitation, attorneys', consultants' and experts' fees) incurred as a result of industrial waste discharged from Union Gap's sewer system in violation of federal or state laws or regulations or the pretreatment program maintained pursuant to this Special Agreement. In addition, Union Gap will indemnify and hold harmless the City, its elected officials, officers, employees, agents and representatives, from and against any and all damages, fines, costs (including, without limitation, attorneys', consultants' and experts' fees, and fees to establish the right to indemnification), judgments, and liabilities (except to the extent that any of the same K:\25722\89001\KJL\KJL A20B6 -5- 05/10/00 results from the indemnified party's negligent act or omission), arising out of or related to any act or omission of Union Gap, its employees, subcontractors, agents, or servants, PROVIDED THAT such act or omission is directly related to Union Gap's duties or responsibilities under this Special Agreement. These rights to indemnification shall survive the termination of this Special Agreement. B. The City will indemnify and hold harmless Union Gap, its elected officials, officers, employees, agents and representatives, from and against any and all damages, fines, costs (including, without limitation, attorneys', consultants' and experts' fees, and fees to establish the right to indemnification), judgments, and liabilities (except to the extent that any of the same results from the indemnified party's negligent act or omission), arising out of or related to any act or omission of the City, its employees, subcontractors, agents, or servants, PROVIDED THAT such act or omission is directly related to the City's duties or responsibilities under this Special Agreement. This right to indemnification shall survive the termination of this Special Agreement. VIII. GENERAL PROVISIONS A. If any term of this Special Agreement is held to be invalid in any judicial action, the remaining terms of this Special Agreement will be unaffected. B. The Parties will review and revise this Special Agreement to ensure compliance with the Federal Clean Water Act (42 U.S.C. §1251 et seq.), the Washington State Water Pollution Control Act (Chapter 90.48 RCW) and the rules and regulations (see, e.g., 40 CFR Part 403 and Chapter 173-216) issued thereunder, as necessary, but at least every 5 years on a date to be determined by the Parties. C. This Special Agreement shall terminate upon termination of the Agreement, unless terminated sooner as provided within this paragraph. The City may terminate this Special Agreement by providing thirty (30) days written notice to Union Gap. Union Gap may terminate this Special Agreement by providing thirty (30) days written notice to the City and ceasing to discharge industrial waste from the Union Gap's sewer system to the City's wastewater treatment system. Termination shall be effective following thirty (30) days from receipt of any such notice, at which time all benefits and obligations under this Special Agreement, including but not limited to permission to any Industrial User to discharge to the City's wastewater treatment system, will cease unless provided otherwise in this Special Agreement. (e.g. Section VII provides that certain indemnifications shall survive the termination of this Special Agreement. K:\25722\89001\KJL\KJL A20136 -6- 05/10/00 a D. This Special Agreement shall be in full force and effect and binding upon its execution. THE CITY OF YAKIMA By: Richard A. Zeis, Jr. City Manager THE CITY OF UNION GAP By: k, e., Z.�..-a.;i - .0, Its: ATTEST: `IJ 72_ Clerk Approved as to foul'.this ,--1.-- - day of' Approved as to form this / 7'`'' day of Jr 2000. 2000. 7"," -L -l -Y, ,w4 • i -j-Irj "r.'"--4- City Attorney Contract No. 2000-48 Resolution No. R-2000-60 K:\25722\89001\KJL\KJL A2086 -7- Union Gap Attorney 05/10/00 • • BUSINESS OF THE CITY COUNCIL YAHIMA, WASHINGTON AGENDA STATEMENT Item No. 6'2 C= For Meeting Of May 16, 2000 ITEM TITLE: Special Agreement with the City of Union Gap SUBMITTED BY: Doug Mayo, Wastewater Manager Pete Hobbs, Environmental Analyst CONTACT PERSON/TELEPHONE: Pete Hobbs, 575-6077 SUMMARY EXPLANATION: Staff respectfully request, City Council approval of the attached resolution authorizing the City Manager and City Clerk to execute the attached Special Agreement with the City of Union Gap. The Washington Department of Ecology required the City of Yakima, in its NPDES permit, issued September 8, 1997, to establish legally binding agreements assuring complete and adequate implementation of the National Pretreatment Program within the City of Union Gap. This Agreement fulfills this permit requirement. Resolution _X_ Ordinance Other (Specify) Contract X Mail to (name and address): City of Union Gap, P.O. Box 3008, Union Gap, WA 98903 Phone (509) 248-0432 Funding Source Costs will be borne by the City of Union Gap APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Approve attached resolution authorizing City Manager and City Clerk to execute attached Special Agreement with City of Union Gap. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: Legal/BD rev. effective 7/21/92