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HomeMy WebLinkAboutR-2006-125 Four Party Wastewater Treatment & Disposal Service AgreementsRESOLUTION NO. R-2006- 125 A RESOLUTION authorizing and directing the City Manager and City Clerk of the City of Yakima to execute several wastewater agreements with our wholesale wastewater customers, Yakima County, the City of Union Gap, and the Terrace heights Sewer District, and with the City of Moxee. WHEREAS, on February 23, 1976, the City of Yakima, Yakima County, the City of Union Gap, and the Terrace Heights Sewer District entered into an Agreement for Wastewater Treatment and Disposal Service (the "Four Party Agreement") to address the provision of wholesale wastewater treatment and disposal service from the City of Yakima's Regional Wastewater Treatment Plant ("Regional WVVTP"); WHEREAS, in January, 2006, the City of Yakima, the City of Moxee, the Terrace Heights Sewer District and Yakima County entered into an Interlocal Agreement (ILA) regarding cooperative planning to provide wastewater treatment and disposal service to Moxee and to promote economic development in the SR -24 Industrial Corridor between the Yakima River and the City of Moxee; WHEREAS, the ILA contemplated the need for development and execution of additional wastewater agreements; WHEREAS, legal review conducted during the cooperative planning process has determined that execution of the wastewater agreements identified below is necessary to provide service to Moxee, to allow the City to serve its entire Urban Area, and to fulfill other requirements of the City of Yakima's delegated pretreatment program; WHEREAS, on May 22, 2006, the CITY/COUNTY Intergovernmental Committee discussed and approved the concepts proposed in the Seventh Amendment to Agreement for Wastewater Treatment and Disposal Service WHEREAS, representatives of all the Parties have been meeting and discussing the wastewater agreements over the past several months and have agreed on their form and content; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager and City Clerk are hereby duly authorized, for and on behalf of the City of Yakima, to execute and make minor modifications to any or all of the following attached wastewater agreements with Yakima County, the City of Union Gap, the Terrace Heights Sewer District, and the City of Moxee: A) Seventh Amendment to Agreement for Wastewater Treatment and Disposal Service; B) Special Agreement between The City of Yakima and City of Union Gap; C) Special Agreement between The City of Yakima and Terrace Heights Sewer District; D) Special Agreement between The City of Yakima and Terrace Heights Sewer District and The City of Moxee; and E) Special Agreement between The City of Yakima and The County of Yakima and Terrace Heights Sewer District and The City of Union Gap and The City of Moxee. ADOPTED BY THE CITY COUNCIL this 5th day of September Mayor David Edler ATTEST: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. For Meeting Of September 5, 2006 ITEM TITLE: Consideration of a Resolution Authorizing Execution of the following Wastewater Agreements: A) Seventh Amendment to Agreement for Wastewater Treatment and Disposal Service B) Special Agreement between The City of Yakima and City of Union Gap C) Special Agreement between The City of Yakima and Terrace Heights Sewer District D) Special Agreement between The City of Yakima and Terrace Heights Sewer District and The City of Moxee E) Special Agreement between The City of Yakima and The County of Yakima and Terrace Heights Sewer District and The City of Union Gap and The City of Moxee SUBMITTED BY: Konrad Liegell/Preston Gates Ellis Attorney Dave ZabelVAssistant City Manager Douglas MayoNVastewater Division Manager CONTACT PERSON/TELEPHONE: Douglas Mayo 575-6077 SUMMARY EXPLANATION: On February 23, 1976, the above listed Parties, with the exception of the City of Moxee, entered into an Agreement for Wastewater Treatment and Disposal Service (the "Four Party Agreement") to address the provision of wholesale wastewater treatment and disposal service from the City of Yakima's Regional Wastewater Treatment Plant ("Regional VVVVTP"). In January, 2006, the City of Yakima, the City of Moxee, the Terrace Heights Sewer District and Yakima County entered into an Interlocal Agreement (ILA) regarding cooperative planning to provide wastewater treatment and disposal service to Moxee and to promote economic development in the SR -24 Industrial Corridor between the Yakima River and the City of Moxee. The ILA contemplated the need for development and execution of additional wastewater agreements. (Continued) Resolution X Ordinance Other (Specify) Amendment to 1976 Agreement; and Four (4) Special Agreements Contract Mail to (name and address): Phone Funding Source N/A APPROVED FOR SUBMITTAL: /261.0e./.44e/ yelowt-City Manager STAFF RECOMMENDATION: Adopt a Resolution Authorizing Execution of Wastewater Agreements: COUNCIL COMMITTEE RECOMMENDATION: The City/County Intergovernmental Committee discussed and approved the concept presented by ITEM A, Seventh Amendment to Agreement for Wastewater Treatment and Disposal Service. (Meeting minutes attached.) COUNCIL ACTION: Resolution adopted. RESOLUTION R-2006-125 (Continued from first page) Legal review conducted during the cooperative planning process has determined that execution of the subject agreements is necessary to provide service to Moxee, to allow the City to serve its entire Urban Area, and to fulfill other requirements of the City's delegated pretreatment program. Representatives of all the Parties have been meeting and discussing the subject agreements over the past several months and have reached agreement over their form and content. The City Manager and the City Clerk would be specifically authorized, for and on behalf of the City of Yakima, to execute and make minor modifications to any or all of the subject agreements. ITEM A Amends the 1976 Agreement for Wastewater Treatment and Disposal Service (the "Four Party Agreement" "4PA"). The proposed amendment allow two changes; (1) it designates the retail wastewater service area of the Parties as being coterminous with their respective Urban Area Boundary; (2) it allows that the Terrace Heights Sewer District may provide wastewater treatment and disposal service to the City of Moxee pursuant to the capacity allocation assigned to the Terrace Heights Sewer District. ITEMS B, and C Update existing Special Agreements with the City of Yakima's existing wholesale customers (Terrace Heights Sewer District and the City of Union Gap). These updates are required due to the City of Yakima becoming a federally delegated pretreatment program. ITEM D Is a new Special Agreement that incorporates the City of Moxee into the City of Yakima's federally delegated pretreatment program. ITEM E Is a new Special Agreement that incorporates Yakima County into the City of Yakima's federally delegated pretreatment program. • • • CITY/COUNTY INTERGOVERNMENTAL MEETING: Committee Members Edler, McClure and Johnson met with Commissioner Mike Leita, County and City staff on Monday, May 22, 2006 to discuss proposals regarding common development standards, West Valley Community Park, Yakima's Urban Growth boundaries, and the proposed amendment to the Four Party Agreement concerning City sewer service area within the Yakima Urban Growth Area. Update . on Common Development Standards - A draft agreement between the City and County was discussed with the theme of improving coordination in the planning and design of road projects with a consistency of standards for areas within the City of Yakima and areas within the Yakima Urban Growth Area. Vern Redifer distributed a comparison chart showing roadway standards of the City side by side with those of the County, which showed that there were only a handful of discrepancies that needed to be addressed. The Committee asked that work continue at the staff level with the goal of a consensus recommendation from City/County staff fora future committee meeting. I I. West Valley Community Park — (to come from Chris) III. Yakima Urban Growth Area Boundary — City staff provided a map of the existing City of Yakima Urban Growth Area, which also showed five areas of expansion requested by City Council. The County is currently evaluatingproposals from cities throughout the County and comparing these proposals with anticipated growth in each city's Urban Growth Area through the year 2025. This was an informational item to provide background to the Commissioners and Council. No action was needed. IV. Proposed Amendment to the Four Party Agreement — This item was also informational and included a staff presentation explaining a proposal from the City of Yakima for an amendment to the Four Party Agreement that would make the City of Yakima sewer service boundary the same as the boundary of the Yakima Urban Growth Area. Currently, the City of Yakima Urban Growth Area to the west of the city is made up of a patchwork of areas that are either within or outside the service area, and may or may not be subject to the Urban Area Zoning Ordinance. The proposed amendment to the Four Party Agreement could clear this up and would be consistent with current arrangements in Union Gap and Terrace Heights. The City is requesting consideration of this amendment to the Four Party Agreement when the amendment to the Four Party Agreement allowing Terrace Heights to serve Moxee is considered later this summer. ITEM A YAKIMA COUNTY, CITY OF YAKIMA, CITY OF UNION GAP AND TERRACE HEIGHTS SEWER DISTRICT SEVENTH AMENDMENT TO AGREEMENT FOR WASTEWATER TREATMENT AND DISPOSAL. SERVICE This Agreement ("Agreement") is made by and between Yakima County, a municipal corporation, the City of Yakima, a municipal corporation, the City of Union Gap, a municipal corporation, and the Terrace Heights Sewer District, a municipal corporation, for the purpose of amending the Agreement for Wastewater Treatment and Disposal Service. Yakima County, the City of Yakima, the City of Union Gap and the Terrace Heights Sewer District are sometimes referenced individually in this Agreement as "Party" and collectively as "Parties." RECITALS WHEREAS, on February 23, 1976, the Parties to this Agreement entered into an Agreement for Wastewater Treatment and Disposal Service (the "Four Party Agreement") for the purpose of providing wastewater treatment and disposal service from the City of Yakima's Regional Wastewater Treatment Plant ("Regional WWTP"); WHEREAS, in January, 2006, the City of Yakima, the City of Moxee, the Terrace Heights Sewer District and Yakima County entered into an Interlocal Agreement regarding cooperative planning to provide wastewater treatment and disposal service to Moxee and to promote economic development in the SR -24 Industrial Corridor between the Yakima River and the City of Moxee; WHEREAS, the Parties have agreed that the City of Moxee may utilize infrastructure of the Terrace Heights Sewer District to transport its wastewater to the Regional WWTP for treatment and disposal service; WHEREAS, the Parties acknowledge that the execution of this Agreement and the provision of wastewater services to the City of Moxee do not have the effect of making the City of Moxee a party to the Four Party Agreement; WHEREAS, Exhibit A of the Four Party Agreement, as amended, designates the Urban Boundary of the Yakima Urban Area, in. which Yakima County, the City of Yakima and the City of Union Gap participate in regional planning; WHEREAS, Yakima County, in cooperation with the cities within the County, including the City of Yakima, the City of Union Gap and the City of Moxee, must designate and legally describe Urban Growth Areas ("UGAs") for the cities in accordance with the Growth Management Act, Chapter 36.70A RCW; WHEREAS, Yakima County has designated and legally described UGAs for the City of Yakima (the "Yakima UGA"), the City of Union Gap (the "Union Gap UGA") and the City of Moxee 8/30/06 (the "Moxee UGA") in its Comprehensive Plan, titled "Plan 2015: A Blueprint for Yakima County Progress" ("Plan 2015") as amended from time to time; WHEREAS, wastewater collection service may generally be extended only within UGAs that have been designated in accordance with the Growth Management Act; WHEREAS, Yakima County may have an obligation to enterinto the service of sewage delivery under certain circumstances pursuant to Section 10, Part V of the Four Party Agreement; WHEREAS, the Parties wish to define the Yakima Urban Area to include all territory within the Yakima UGA, the Moxee UGA and the Union Gap UGA, as currently designated and legally described, and as amended in the future; WHEREAS, the Parties wish to define their respective wastewater service areas; and WHEREAS, the Parties believe that these changes to the Four Party Agreement are necessary and in the public interest. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the Parties do hereby, consent and agree to the following: 1. Section 10, Part I, Subsection A of the Four Party Agreement is modified to read as follows: 10.I.A. Yakima Urban Area. The Yakima Urban Area consists of the area within the boundaries of the Yakima UGA, the Union Gap UGA, and the Moxee UGA, as designated and legally described in Yakima County's Comprehensive Plan, and including all future amendments of those boundaries, effective when Yakima County implements an urban growth area amendment in accordance with the requirements of the Growth Management Act. Exhibit A to the Four Party Agreement has no further effect. References to the "Urban Area," the "area within the urban boundary," "land within the planning boundary," or the "Yakima Urban Area as defined by Exhibit A" refer to land within the Yakima Urban Area as defined herein. 10.I.A.1. The City of Union Gap's wastewater service area shall consist of all territory within the Union Gap UGA, as the Union Gap UGA is now or hereafter designated. 10.I.A.2. The City of Yakima's wastewater retail service area shall consist of all territory west of the Yakima River that is within the Yakima UGA, as the Yakima UGA is now or hereafter designated. 10.I.A.3. The Terrace Heights Sewer District's wastewater service area shall consist of all territory east of the Yakima River that is within the Yakima UGA, as the Yakima UGA is now or hereafter designated. 10.I.A.4. For the purposes of Section 10.I.A.6 below, the City of 4PA-7th Amendment 2 8/30/06 Moxee's wastewater service area shall consist of all territory within the Moxee UGA, as the Moxee UGA is now or hereafter designated. 10.I.A.5. Each Party shall be the primary provider for its respective wastewater service area as established by Section 10.I.A1, 10.I.A 2, 10.I.A 3, or 10.I.A 4 above. Service by another Party shall be only by written authorization from the Party that is the primary provider within a wastewater service area or as provided by Part V below. 10.I.A.6. The Terrace Heights Sewer District is authorized to provide wastewater treatment and disposal service to the City of Moxee for wastewater collected by the City of Moxee within the Moxee UGA, as the Moxee UGA is now or hereafter designated, pursuant to the capacity allocation held by the Terrace Heights Sewer District pursuant to the Settlement Agreement By and Between the City of Yakima, the City of Union Gap, and the Terrace Heights Sewer District dated September 9, 1997. 2. Except as herein provided, the Four Party Agreement, as amended, shall remain in full force and effect. This Agreement shall not have the effect of making the City of Moxee a party to the Four Party Agreement. Except as specifically set out herein, nothing in this Agreement shall alter the rights and obligations of any Party under the Four Party Agreement. Nothing in this Agreement shall affect a Party's authority to provide service to users located within that Party's wastewater service area. Nothing in this Agreement shall supersede Yakima County's rights and obligations as established by Section 10, Part V of the Four Party Agreement. 3. This Agreement shall be recorded with the Yakima County Auditor. 4. This Agreement shall be in full force and effect and binding upon its execution; provided, however, that Yakima shall not be obligated to accept any wastewater generated within the Moxee UGA until Special Agreements between the City, the City of Moxee and the Terrace Heights Sewer District and between the City, the City of Moxee, the Terrace Heights Sewer District and Yakima County have been executed pursuant to Section 4 of the Four Party Agreement. -- Signature Page Follows -- 4PA-7th Amendment 3 8/30/06 ATTEST: Deborah Moore Yakima City Clerk CITY CONTRAC r NO: ,Q n RESOLUTION NO: ` aDDG -/.` ATTEST: Kathryhompsoi Union Gap City Clerk ATTEST: Frank M. Sliger, Secretary, 101;111tiff 0010, J1•�. A.S,• H/rr % 0��•O�C 4'0 co S O FTs O ✓7 ;r. Christina Steiner Deputy Clerk of the Board 4PA-7`j' Amendment CITY OF YAKIMA By: R. A. Zais City Manager Date: c 3/vL, CITY OF UNION GAP By: Aubr Reeves, Jr., Mayo Date: q- \\-o\ .12 TERRACE HEIGHTS SEWER DISTRICT Norman Alderson, District Mgr. Date: YAKIMA COUNTY Michael D. Leita, Commissioner By: Date: Approv /0 -/0 •OCA orm: Deputy Pr cuting Attorney Ronald F. Gamache, Commissioner 4 8/30/06 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. For Meeting Of September 5, 2006 ITEM TITLE: Consideration of a Resolution Authorizing Execution of the following Wastewater Agreements: A) Seventh Amendment to Agreement for Wastewater Treatment and Disposal Service 8) Special Agreement between The City of Yakima and City of Union Gap C) Special Agreement between The City of Yakima and Terrace Heights Sewer District D) Special Agreement between The City of Yakima and Terrace Heights Sewer District and The City of Moxee E) Special Agreement between The City of Yakima and The County of Yakima and Terrace Heights Sewer District and The City of Union Gap and The City of Moxee SUBMITTED BY: Konrad LiegeH/Preston Gates Ellis Attomey Dave Zabell/Assistant City Manager Douglas Mayo/Wastewater Division Manager CONTACT PERSON/TELEPHONE: Douglas Mayo 575-6077 SUMMARY EXPLANATION: On February 23, 1976, the above listed Parties, with the exception of the City of Moxee, entered into an Agreement for Wastewater Treatment and Disposal Service (the "Four Party Agreement") to address the provision of wholesale wastewater treatment and disposal service from the City of Yakima's Regional Wastewater Treatment Plant ("Regional VVVVTP"). In January, 2006, the City of Yakima, the City of Moxee, the Terrace Heights Sewer District and Yakima County entered into an Interlocal Agreement (ILA) regarding cooperative planning to provide wastewater treatment and disposal service to Moxee and to promote economic development in the SR -24 Industrial Corridor between the Yakima River and the City of Moxee. The ILA contemplated the need for development and execution of additional wastewater agreements. (Continued) Resolution X Ordinance Other (Specify) Amendment to 1976 Agreement; and Four (4) Special Agreements Contract Mail to (name and address): Phone Funding Source N/A APPROVED FOR SUBMITTAL: „foot -City Manager STAFF RECOMMENDATION: Adopt a Resolution Authorizing Execution of Wastewater Agreements: COUNCIL COMMITTEE RECOMMENDATION: The City/County Intergovernmental Committee discussed and approved the concept presented by ITEM A, Seventh Amendment to Agreement for Wastewater Treatment and Disposal Service. (Meeting minutes attached.) COUNCIL ACTION: Resolution adopted. RESOLUTION R-2006-125 (Continued from first page) Legal review conducted during the cooperative planning process has determined that execution of the subject agreements is necessary to provide service to Moxee, to allow the City to serve its entire Urban Area, and to fulfill other requirements of the City's delegated pretreatment program. Rpnrpcpntativpc of all the Partipc hayp been maating and dicta isging the At IhiPrt agrrPmPntS nvQr the past several months and have reached agreement over their form and content. The City Manager and the City Clerk would be specifically authorized, for and on behalf of the City of Yakima, to execute and make ake i i uu fitiOdificatoris iv ari j or all of the subject agreements. i lei lis. ITEM A Amends the 1976 Agreement for Wastewater Treatment and Disposal Service (the "Four Party Agreement" "4PA"). The proposed amendment allow two changes; (1) it designates the retail wastewater service area of the Parties as being coterminous with their respective Urban Area Boundary; (2) it allows that the Terrace Heights Sewer District may provide wastewater treatment and disposal service to the City of Moxee pursuant to the capacity allocation assigned to the Terrace Heights Sewer District. ITrtln r] _�J /\ Update ___:_a:.__ Special Agreements .__�SSL iL_ City of • wholesale ..I. I 1 Enna B, and L. Update existing Special Agreements with ine City or T akirna s existing wholesale customers (Terrace Heights Sewer District and the City of Union Gap). These updates are required due to the City of Yakima becoming a federally delegated pretreatment program. ITEM D Is a new Special Agreement that incorporates the City of Moxee into the City of Yakima's federally delegated pretreatment program. ITEM E Is a new Special Agreement that incorporates Yakima County into the City of Yakima's federally delegated pretreatment program. , ITEM B SPECIAL AGREEMENT • between The City of Yakima and City of Union Gap This Special Agreement is entered into thisday ofSep�c ev , a00 6, between the City of Yakima (the "City") and City of Union Gap ("Unibn Gap") (the "Parties") for the general purpose of providing wastewater services and enforcement within the wastewater service area for Union Gap. I. RECITALS A. The City owns and operates a wastewater treatment system and administers a delegated pretreatment program to prevent the discharge of waste that would cause interference with, or pass through of, its 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. The February 23, 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 (now, City) 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") govern various aspects of 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 ("YMC") 7.65.020, and "Industrial Users" within the meaning of 40 Code of Federal Regulations ("C.F.R.") 403.3(h). In addition, some of these Industrial Users may be "significant industrial dischargers" of "Significant Industrial Users," as defined by YMC 7.65.020 and 40 C.F.R. 403.3(t), respectively ("SIUs"). The terms "Pretreatment Standard" and "Pretreatment Requirement," as used in this Special Agreement, have the same meanings as those set out in 40 C.F.R. 403.3. D. Under Section 4 of the 1976 Agreement, the parties to that agreement agreed that: Wastes prohibited by the U.S. 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. E. 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 C.F.R. 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"). In 2000, the City and Union Gap entered a Special Agreement (the "2000 Special Agreement") as required by the 1976 Agreement and supporting the City's pretreatment authority. In accordance with the requirements of the 2000 Special Agreement, Union Gap adopted a sewer use ordinance, Ordinance No. 2242, which implemented sewer use and pretreatment regulations. In addition, Section VIII.B of the 2000 Special Agreement requires the City and Union Gap to periodically conduct a review of and develop revisions to the 2000 Special Agreement in order to ensure that the Parties continue to comply with the Pretreatment Standards and Pretreatment Requirements. F. In 2003, as a part of its renewal of the City's National Pollution Discharge Elimination System Permit ("NPDES Permit"), the Washington Department of Ecology ("Ecology") granted the City full authority to administer its pretreatment program. Under Section S6.A.1.j of the NPDES Permit, the City must take the following action: Establish, where necessary, contracts or legally binding agreements with contributing jurisdictions to ensure compliance with applicable pretreatment requirements by commercial or industrial users within these jurisdictions. These contracts or agreements shall identify the agency responsible for the various implementation and enforcement activities to be performed in the contributing jurisdiction. In addition, the Permittee shall be required to develop a Memorandum of Understanding (or Interlocal Agreement) that outlines the specific roles, responsibilities, and pretreatment activities of each jurisdiction. G. 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. H. As required by Section VIII.B of the 2000 Special Agreement, the City and Union Gap have conducted a review of and developed revisions to the 2000 Special Agreement. To SA-Yak/UG -2- implement those revisions, the requirements of Section 4 of the 1976 Agreement, and the obligations of Section S6.A.1.j of the City's NPDES Permit, the Parties are entering into this Special Agreement. The Parties intend that all provisions of the 1976 Agreement, including Section 4 of the 1976 Agreement, and the 1997 Agreement remain in full force and effect. Therefore, the Parties agree as follows:. II. SEWER USE ORDINANCE A. Union Gap shall maintain 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 (Chapter 7.65 YMC) as may be amended from time to time ("City Sewer Use Ordinance"); provided, however, that the sewer use ordinance need not include wastewater discharge permitting authority if Ecology has not delegated such authority to Union Gap. 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 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 C.F.R. 403.8(f)(1)(iii). B. Before revising the City 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 the City 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 its proposed revisions for review 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 reasonable and necessary to ensure that Industrial Users, including SIUs, within its boundaries are subject to an approved pretreatment program to the extent required by 40 C.F.R. 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 the associated permit enforcement authority, which remain the responsibility of Ecology until Ecology delegates this authority to Union Gap). Union Gap will: SA-Yak/UG -3- 1 1 C 1 1 1 • 1• ve 40. • ••44•• =mom IN dello al CHHi'• , ` , r +ilU aAri=inE_141 ��—e�— •TsLtylfil ''�a]�p,T■ li 1� AWN, kli�tll�1�41i1nri�ii���ll := H► 1�`'tif1�HR. �__--__ �� y fi... -� �� SSSS .l T 14" traktvitait l�,j;'�1r����l�tlt�l�111 _G;�l::itl=; � r � IlllliiilFli /r'illiHFlt�l�ir3* Hi �-'Hiil�Il�ll t I tlf � o r r : � r!hSI:41fi ill !!11111 _ — �� fIIM n • F2 it l 11t Ikl I t 117,,,1, 1 011 lir +�� (] ! jF 'isi imn7 inn IIFiIJIHII 1 F �f 1 ���1 Il nnnl l u i , IIHII,II F� i,,` I NOt#�#�H„ 111111ir1•f Ill��tgllltl�illfal# r - iI{I Lv rirn itillt tlkir 4E. 11 rliUiillli 11111111 NIT �;_17 iluilt titINr1H11 11111111 I �HII1111 e �s'r� l'�HI1EIifH����ilHl I HHf111� !mini II :tl __ Ifni ' ,E„F IIIA I X11111 iH 1Hk�11111 �' 11p IB ltl1 II� -� n l �� ���nl uhItllMil�l • • • J rrim • 1 iI all 11 :;f1E1R01':11'i;�.T., I I I I i 11111 IRs tai yggOENTAL AVE «• • •••moi_ !�► • . ■ 1 1 u�irwr��.rrl��� BUTTERFIELD RD TERRACE HOTS OR fin 111,'111 SNI IFIRHI IF was N!IIt • • • • • • • • .1-.- rfllfR •• •••• • • le 4•0 •'•4+41• w • • • • �• S • ••• ••t • •••••• •••• • • • •• • • • •• • • • • • • •• • • • • iiiti•- II1.1 rty Urban Growth Area Four Party Service Agreement ® = Urban Service Area Urban Reserve Growth Boundary ® Yakima City Limits • • Four Party Agreement for Sewer Service Sewer Lines Service Area Inside Urban Area Service Area Inside Urban Growth Area Service area for Union Gap & Terrace Heights .16 of Yoh, Cis• • Scale —lin = 5500ft 0 2750 5500 Created: August 31, 2006 (1) Update the industrial waste survey as set out in more detail in Sections B and C below; (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 or Union Gap (after Ecology delegates this authority to Union Gap) prior to discharge; Conduct annual inspections, sampling, and analysis of all SIUs, as well as other Industrial Users that may have the potential to affect the City's wastewater treatment system; (3) (4) Enforce its, sewer use ordinance against Industrial Users that do not comply with Pretreatment Requirements, Pretreatment Standards or its sewer use ordinance and inform the City and Ecology of all violations of its sewer use ordinance or of any other need for enforcement action; and 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 reasonably 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. B. Union Gap shall maintain a current list of Industrial Users located in its jurisdiction ("nondomestic inventory"). The nondomestic inventory 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 require each existing wastewater customer located within its jurisdiction that may be an Industrial User to provide an industrial waste survey within sixty (60) days of the date of this Special Agreement and an updated industrial waste survey by January 1, 2011. Union Gap will forward a copy of these surveys to the City and Ecology. C. Whenever a new Industrial User begins operations in Union Gap, or any time an existing Industrial User implements changes in its operations or processes that 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 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 survey that includes information reasonably requested by the City for purposes of permit compliance. Union Gap will forward a copy of the completed survey to the City and Ecology. D. Union Gap will provide the City and Ecology access to or copies of 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. (5) SA-Yak/UG -4- • E. Union Gap shall inspect and sample all SIUs and a representative number of other Industrial Users located in its jurisdiction each year. Union Gap will sample SIUs and Industrial Users more frequently if required by Federal or State law or if actual or potential violations of the Pretreatment Requirements or Pretreatment Standards occur. Union Gap will submit written notice of scheduled inspections a minimum of five (5) working days prior to such inspection 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, including, if available, the laboratory data associated with the samples taken during the inspection, 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 C.F.R. 403.12(b)(5)(ii)-(v) and 40 C.F.R. Part 136, except as otherwise required by the U.S. Environmental Protection Agency. F. The City may conduct inspections and sampling at any Industrial User's facility located within Union Gap, provided that a written notice of scheduled inspections is delivered to Union Gap a minimum of five (5) working days prior to the inspection. If an inspection is in response to an emergency situation and such notice is not possible, the City will make every effort to informally notify Union Gap of the impending inspection so Union Gap may attend. The City will forward copies of all inspection reports, including, if available, the laboratory data associated with the samples taken during the inspection, to Union Gap within twenty (20) days of the inspection. The City will submit to Union Gap 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 C.F.R. 403 12(b)(5)(ii)-(v) and 40 C.F.R. Part 136, except as otherwise required by the U.S. Environmental Protection Agency. G. Union Gap will submit an annual report to the City and Ecology. Such report shall be received by the City and Ecology on or before February 5th each year and consist of a summary of the pretreatment activities conducted during the previous calendar year. The report shall include the following information: (1) An updated nondomestic inventory; - (2) Laboratory data results for all Industrial User sampling that Union Gap conducted in the previous year; (3) Compliance status of each SIU and of additional Industrial Users that have the potential to affect the City's wastewater treatment system, or have violated Pretreatment Standards or Pretreatment Requirements as set out in the City Sewer Use Ordinance within the past year; (4) Copies of all wastewater discharge permits or discharge agreements issued to SIUs; and SA-Yak/UG (5) A list of Industrial Users scheduled for inspection and/or monitoring for the next year, and the expected frequency of the inspection and monitoring activities. 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 reasonable costs incurred by the City in its oversight of the Union Gap pretreatment program, provided that the City provides advance notice of such oversight and such oversight is necessary for compliance with this Agreement or permit responsibilities. Union Gap shall be responsible for all costs for tasks performed, by the City, at Union Gap's request. All costs incurred by the City for oversight shall be provided on an itemized invoice listing all tasks performed and associated costs. The City shall provide a cost schedule for pretreatment activities. W. 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 trust 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 Sewer Use Ordinance, this Special Agreement and applicable law in the event that the City finds that wastewater discharged from Union Gap's sewer system has violated or is violating the Pretreatment Standards and requirements of the City Sewer Use Ordinance. B. The Parties shall seek to resolve other disputes concerning this Special Agreement.. and its interpretation that mayarise between the City and Union Gap from the date hereof until the termination of this Special Agreement at the lowest possible level as promptly as possible. In the event that the Parties' efforts to resolve such a dispute are not effective, they may agree to proceed with mediation or arbitration. Each Party retains all remedies available to it at law or in equity. VI. EMERGENCY ACTIONS The City may take, or direct Union Gap to take reasonable emergency action 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. SA-Yak/UG -6- 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 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, however, 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, however, 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), the rules and regulations (see, e.g., 40 C.F.R. Part 403 and Chapter 173-216) issued thereunder and the City's NPDES Permit, as necessary, but no later than five (5) years from the date on which the Special Agreement was signed and implemented by the Parties and no later than ninety (90) days from the date on which Ecology grants Union Gap partial or full authority to administer a pretreatment program. C. This Special Agreement shall terminate upon the written agreement of the Parties, at which time all benefits, responsibilities, and obligations under this 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. 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, responsibilities, and obligations under this SA-Yak/UG -7- Special Agreement, including but not limited to pemiission 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). D. This Agreement shall in all respects be governed by the laws of the State of Washington. Venue for any legal action arising under this Special Agreement, including under Section V.A above, shall be in Yakima County Superior Court. E. This Special Agreement replaces the 2000 Special Agreement in its entirety, and shall be in full force and effect and binding upon its execution. THE CITY OF YAKIMA By: R. A. ai , r., City Manager THE CITY OF UNION GAP By: Its: ATTEST: ATTEST: Deborah J. Moo t ity Clerk Clerk Contract No. 2006-78 Resolution No. R-2006-125 Uni/Gap ttorney SA-Yak/UG -8- 8/30/06 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Y Item No. For Meeting Of September 5, 2006 ITEM TITLE: Consideration of a Resolution Authorizing Execution of the following Wastewater Agreements: A) Seventh Amendment to Agreement for Wastewater Treatment and Disposal Service B) Special Agreement between The City of Yakima and City of Union Gap C) Special Agreement between The City of Yakima and Terrace Heights Sewer District D) Special Agreement between The City of Yakima and Terrace Heights Sewer District and The City of Moxee E) Special Agreement between The City of Yakima and The County of Yakima and Terrace Heights Sewer District and The City of Union Gap and The City of Moxee SUBMITTED BY: Konrad Liegell/Preston Gates Ellis Attorney Dave Zabell/Assistant City Manager Douglas Mayo/Wastewater Division Manager CONTACT PERSON/TELEPHONE: Douglas Mayo 575-6077 SUMMARY EXPLANATION: On February 23, 1976, the above listed Parties, with the exception of the City of Moxee, entered into an Agreement for Wastewater Treatment and Disposal Service (the "Four Party Agreement") to address the provision of wholesale wastewater treatment and disposal service from the City of Yakima's Regional Wastewater Treatment Plant ("Regional WVVTP"). In January, 2006, the City of Yakima, the City of Moxee, the Terrace Heights Sewer District and Yakima County entered into an Interlocal Agreement (ILA) regarding cooperative planning to provide wastewater treatment and disposal service to Moxee and to promote economic development in the SR -24 Industrial Corridor between the Yakima River and the City of Moxee. The ILA contemplated the need for development and execution of additional wastewater agreements. (Continued) Resolution X Ordinance Other (Specify) Amendment to 1976 Agreement; and Four (4) Special Agreements Contract Mail to (name and address): Phone Funding Source N/A APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Adopt a Resolution Authorizing Execution of Wastewater Agreements: COUNCIL COMMITTEE RECOMMENDATION: The City/County Intergovernmental Committee discussed and approved the concept presented by ITEM A, Seventh Amendment to Agreement for Wastewater Treatment and Disposal Service. (Meeting minutes attached.) COUNCIL ACTION: Resolution adopted. RESOLUTION R-2006-125 (Continued from first page) Legal review conducted during the cooperative planning process has determined that execution of the subject agreements is necessary to provide service to Moxee, to allow the City to serve its entire Urban Area, and to fulfill other requirements of the City's delegated pretreatment program. Representatives of all the Parties have been meeting and discussing the subject agreements over the past several months and have reached agreement over their form and content. The City Manager and the City Clerk would be specifically authorized, for and on behalf of the City of Yakima, to execute and make minor modifications to any or all of the subject agreements. ITEM A Amends the 1976 Agreement for Wastewater Treatment and Disposal Service (the "Four Party Agreement" "4PA"). The proposed amendment allow two changes; (1) it designates the retail wastewater service area of the Parties as being coterminous with their respective Urban Area Boundary; (2) it allows that the Terrace Heights Sewer District may provide wastewater treatment and disposal service to the City of Moxee pursuant to the capacity allocation assigned to the Terrace Heights Sewer District. ITEMS B, and C Update existing Special Agreements with the City of Yakima's existing wholesale customers (Terrace Heights Sewer District and the City of Union Gap). These updates are required due to the City of Yakima becoming a federally delegated pretreatment program. ITEM D Is a new Special Agreement that incorporates the City of Moxee into the City of Yakima's federally delegated pretreatment program. ITEM E Is a new Special Agreement that incorporates Yakima County into the City of Yakima's federally delegated pretreatment program. ITEM C SPECIAL AGREEMENT between The City of Yakima and Terrace Heights Sewer District This Special Agreement is entered into this 2° day of SEP'rEr-rez2,00(„ between the City of Yakima (the "City") and Terrace Heights Sewer District ("Terrace Heights") (the "Parties") for the general purpose of providing wastewater services and enforcement within the wastewater service area for Terrace Heights. I. RECITALS A. The City owns and operates a wastewater treatment system and administers a delegated pretreatment program to prevent the discharge of waste that would cause interference with, or pass through of, its wastewater treatment system. B. Terrace Heights owns and operates a wastewater collection system, and utilizes the City's wastewater treatment system to treat wastewater collected by the Terrace Heights system. The February 23, 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 (now, City) of Union Gap and Terrace Heights (the "1976 Agreement"), and the September 9, 1997, Settlement Agreement among the City, the City of Union Gap and Terrace Heights (the "1997 Agreement") govern various aspects of the use of the City's wastewater treatment system by Terrace Heights. C. Owners and operators of facilities located in Terrace Heights 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 ("YMC") 7.65.020, and "Industrial Users" within the meaning of 40 Code of Federal Regulations ("C.F.R") 403.3(h). In addition, some of these Industrial Users may be "significant industrial dischargers" or "Significant Industrial Users," as defined by YMC 7.65.020 and 40 C.F.R. 403.3(t), respectively ("Sills"). The terms "Pretreatment Standard" and "Pretreatment Requirement," as used in this Special Agreement, have the same meanings as those set out in 40 C.F.R. 403.3. D. Under Section 4 of the 1976 Agreement, the parties to that agreement agreed that: Wastes prohibited by the U.S. 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. E. 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 C.F.R. 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"). In 2000, the City and Terrace Heights entered a Special Agreement (the "2000 Special Agreement") as required by the 1976 Agreement and supporting the City's pretreatment authority. In accordance with the requirements of the 2000 Special Agreement, Terrace Heights adopted a sewer use ordinance, Resolution 7-2000, which implements sewer use and pretreatment regulations. In addition, Section VIII.B of the 2000 Special Agreement requires the City and Terrace Heights to periodically conduct a review of and develop revisions to the Special Agreement in order to ensure that the Parties continue to comply with the Pretreatment Standards and Pretreatment Requirements. F. In 2003, as a part of its renewal of the City's National Pollution Discharge Elimination System Permit ("NPDES Permit"), the Washington Department of Ecology ("Ecology") granted the City full authority to administer its pretreatment program. Under Section S6.A.1.j of the NPDES Permit, the City must take the following action: Establish, where necessary, contracts or legally binding agreements with contributing jurisdictions to ensure compliance with applicable pretreatment requirements by commercial or industrial users within these jurisdictions. These contracts or agreements shall identify the agency responsible for the various implementation and enforcement activities to be performed in the contributing jurisdiction. In addition, the Permittee shall be required to develop a Memorandum of Understanding (or Interlocal Agreement) that outlines the specific roles, responsibilities, and pretreatment activities of each jurisdiction. G. Terrace Heights has authority, including Title 57 RCW, to adopt and enforce a pretreatment resolution and other controls on Industrial Users asset forth in this Special Agreement. H. As required by Section VIII.B of the 2000 Special Agreement, the City and Terrace Heights have conducted a review of and developed revisions to the 2000 Special Agreement. To implement those revisions, the requirements of Section 4 of the 1976 Agreement, and the obligations of Section S6.A.1.j of the City's NPDES Permit, the Parties are entering into this Special Agreement. The Parties intend that all provisions of the 1976 SA-YakTI7-ISD -2- Agreement, including Section 4 of the 1976 Agreement, and the 1997 Agreement remain in full force and effect. Therefore, the Parties agree as follows: H. SEWER USE ORDINANCE A. Terrace Heights will maintain and diligently enforce a sewer use resolution that is no less stringent and is as broad in scope as the sewer use ordinance of the City (Chapter 7.65 YMC) as may be amended from time to time ("City Sewer Use Ordinance"); provided, however, that the sewer use resolution need not include wastewater discharge permitting authority if Ecology has not delegated such authority to Terrace Heights. Terrace Heights's sewer use resolution 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 Sewer Use Ordinance Terrace Heights's sewer use, resolution 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 Terrace Heights jurisdiction, pursuant to 40 C.F.R. 403.8(f)(1)(iii). B. Before revising the City Sewer Use Ordinance or any component thereof, the City will forward a copy of the proposed revision(s) to Terrace Heights for review. Terrace Heights 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 Terrace Heights's comments in finalizing its revision(s). C. When the City completes any revisions to the City Sewer Use Ordinance or any component thereof, it will forward a copy of the final revisions to Terrace Heights. Terrace Heights will adopt revisions to its sewer use resolution that are at least as stringent as those adopted by the City. Terrace Heights will forward to the City its proposed revisions for review within forty-five (45) days of receipt of the City's revisions. Terrace Heights 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 Terrace Heights from enacting and enforcing regulations more stringent than those set forth herein. M. DUTIES AND RESPONSIBILITY OF TERRACE HEIGHTS A. Terrace Heights will take all actions reasonable and necessary to ensure that Industrial Users, including SIUs, within its boundaries are subject to an approved pretreatment program to the extent required by 40 C.F.R. 403.8. Such actions shall include, but are not limited to, Terrace Heights performance of all technical and administrative duties necessary to implement its sewer use resolution (except for the issuance of waste discharge permits and the associated permit enforcement authority, which remain the responsibility of Ecology until Ecology delegates this authority to Terrace Heights). Terrace Heights will: (1) Update the industrial waste survey as set out in more detail in Sections B and C below; SA-YakTI'HSD -3- (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 or Terrace Heights (after Ecology delegates this authority to Terrace Heights) prior to discharge; Conduct annual inspections, sampling, and analysis of all SIUs, as well as other Industrial Users that may have the potential to affect the City's wastewater treatment system; (3) (4) Enforce its sewer use ordinance against Industrial Users that do not comply with Pretreatment Requirements, Pretreatment Standards or its sewer use resolution and inform the City and Ecology of all violations of f its sewer use resolution or of any other need for enforcement action; and 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 reasonably 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. B. Terrace Heights will maintain a current list of Industrial Users located in its jurisdiction ("nondomestic inventory"). The nondomestic inventory 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. Terrace Heights will require each existing wastewater customer located within its jurisdiction that may be an Industrial User to provide an industrial waste survey within sixty (60) days of the date of this Special Agreement and an updated industrial waste survey by January 1, 2011. Terrace Heights will forward a copy of these surveys to the City and Ecology. C. Whenever a new Industrial User begins operations in Terrace Heights, or any time an existing Industrial User implements changes in its operations or processes that 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 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, Terrace Heights will require that such Industrial User respond to an industrial user survey that includes information reasonably requested by the City for purposes of permit compliance. Terrace Heights will forward a copy of the completed survey to the City and Ecology. (5) D. Terrace Heights will provide the City and Ecology access to or copies of all records or documents relevant to the pretreatment program for any Industrial User located in Terrace Heights or discharging through Terrace Heights to the City. E. Terrace Heights will inspect and sample all SIUs and a representative number of other Industrial Users located in its jurisdiction each year. Terrace Heights will sample SIUs and SA-Yak/THSD —4— Industrial Users more frequently if required by Federal or State law or if actual or potential violations of the Pretreatment Requirements or Pretreatment Standards occur. Terrace Heights will submit written notice of scheduled inspections a minimum of five (5) working days prior to such inspection 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, Terrace Heights will make every effort to informally notify the City and Ecology of the impending inspection so the City and Ecology may attend. Terrace Heights will forward copies of all inspection reports, including, if available, the laboratory data associated with the samples taken during the inspection, to the City and Ecology within twenty (20) days of the inspection. Terrace Heights 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 C.F.R. 403.12(bx5Xii)-(v) and 40 C.F.R Part 136, except as otherwise required by the U.S. Environmental Protection Agency. F. The City may conduct inspections and sampling at any Industrial User's facility located within Terrace Heights, provided that a written notice of scheduled inspections is delivered to Terrace Heights a minimum of five (5) working days prior to the inspection. If an inspection is in response to an emergency situation and such notice is not possible, the City will make every effort to informally notify Terrace Heights of the impending inspection so Terrace Heights may attend. The City will forward copies of all inspection reports, including, if available, the laboratory data associated with the samples taken during the inspection, to Terrace Heights within twenty (20) days of the inspection. The City will submit to Terrace Heights 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 C.F.R. 403 12(b)(5)(ii)-(v) and 40 C.F.R. Part 136, except as otherwise required by the U.S. Environmental Protection Agency. G. Terrace Heights will submit an annual report to the City and Ecology. Such report shall be received by the City and Ecology on or before February 15th of each year and consist of a summary of the pretreatment activities conducted during the previous calendar year. The report shall include the following information: (1) An updated nondomestic inventory; (2) Laboratory data results for all Industrial User sampling that Terrace Heights conducted in the previous year; (3) Compliance status of each SIU and of additional Industrial Users that have the potential to affect the City's wastewater treatment system, or have violated Pretreatment Standards or Pretreatment Requirements as set out in the City Sewer Use Ordinance within the past year; (4) Copies of all wastewater discharge permits or discharge agreements issued to SIUs; and (5) A list of Industrial Users scheduled for inspection and/or monitoring for the next year, and the expected frequency of the inspection and monitoring activities. SA-YakTrHSD -5- H. Terrace Heights 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. Terrace Heights shall be responsible for the reasonable costs incurred by the City in its oversight of the Terrace Heights pretreatment program, provided that the City provides advance notice of such oversight and such oversight is necessary for compliance with this Agreement or permit responsibilities. Terrace Heights shall be responsible for all costs for tasks performed by the City at Terrace Heights's request. All costs incurred by the City for oversight shall be provided on an itemized invoice listing all tasks performed and associated costs. 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 Terrace Heights discharges into Terrace Heights's sewer system, Terrace Heights 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 Terrace Heights. V. ENFORCEMENT AND DISPUTE RESOLUTION A. The City shall have all enforcement remedies available to it under the City Sewer Use Ordinance, this Special Agreement and applicable law in the event that the City finds that wastewater discharged from Terrace Heights sewer system has violated or is violating the Pretreatment Standards and requirements of the City Sewer Use Ordinance B. The Parties shall seek to resolve other disputes concerning this Special Agreement and its interpretation that may arise between the City and Terrace Heights from the date hereof until the termination of this Special Agreement at the lowest possible level as promptly as possible. In the event that the Parties' efforts to resolve such a dispute are not effective, they may agree to proceed with mediation or arbitration. Each Party retains all remedies available to it at law or in equity. VI. EMERGENCY ACTIONS The City may take, or direct Terrace Heights to take reasonable emergency actions 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 sludge 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 Terrace Heights (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. SA-YakIrHSD -6- VII. INDEMNIFICATION A. Terrace Heights will 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, in violation of federal or state laws or regulations or the pretreatment program maintained pursuant to this Special Agreement, from Terrace Heights's sewer system. In addition, Terrace Heights 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 results from the indemnified party's negligent act or omission), arising out of or related to any act or omission of Terrace Heights, its employees, subcontractors, agents, or servants; provided, however, that such act or omission is directly related to Terrace Heights 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 Terrace Heights, 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, however, 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), the rules and regulations (see, e.g., 40 C.F.R. Part 403 and Chapter 173-216) issued thereunder and the City's NPDES Permit, as necessary, but no later than five (5) years from the date on which the Special Agreement was signed and implemented by the Parties and no later than ninety (90) days from the date on which Ecology grants Terrace Heights partial or full authority to administer a pretreatment program. C. This Special Agreement shall terminate upon the written agreement of the Parties, at which time all benefits, responsibilities, 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. Terrace Heights may terminate this Special Agreement by providing thirty (30) days written notice to the City and ceasing to discharge industrial waste from the Terrace Heights' 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, responsibilities, and SA-YakiTHSD -7- 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). D. This Agreement shall in all respects be governed by the laws of the State of Washington. Venue for any legal action arising under this Special Agreement, including under Section V.A above, shall be in Yakima County Superior Court. E. This Special Agreement replaces the 2000 Special Agreement in its entirety, and shall be in full force and effect and binding upon its execution. THE CITY OF YAKIMA Its: ATTEST: City Manager Oi�sL Deborah J. Moore, C Clerk Contract No. 2006-79 Resolution No. R-2006-12 SA-Yak1THSD TERRACE HEIGHTS SEWER DISTRICT By: Its: Chairman and Commissioner By: eeln7f)(X Commissioner ATTEST: 4" Secretary and Commissioner -8- 8/30/06 • , ill 44- . • . • ' r - , . • 0.. ; • I a:: City of Yakima City of Moxee Urban Growth Area Boundary ==. Yakima City Limits Moxee Urban Area • Urban Reserve Growth Boundary Proposed Yakima Urban Growth Area Proposed Moxee Urban Growth Area Scale -lin = 3000ft 0 1500 3000 Created: August 31, 2006 se' BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 7 For Meeting Of September 5, 2006 ITEM TITLE: Consideration of a Resolution Authorizing Execution of the following Wastewater Agreements: A) Seventh Amendment to Agreement for Wastewater Treatment and Disposal Service 8) Special Agreement between The City of Yakima and City of Union Gap C) Special Agreement between The City of Yakima and Terrace Heights Sewer District D) Special Agreement between The City of Yakima and Terrace Heights Sewer District and The City of Moxee E) Special Agreement between The City of Yakima and The County of Yakima and Terrace Heights Sewer District and The City of Union Gap and The City of Moxee SUBMITTED BY: Konrad Liegell/Preston Gates Ellis Attorney Dave Zabell/Assistant City Manager Douglas Mayo/Wastewater Division Manager CONTACT PERSON/TELEPHONE: Douglas Mayo 575-6077 SUMMARY EXPLANATION: On February 23, 1976, the above listed Parties, with the exception of the City of Moxee, entered into an Agreement for Wastewater Treatment and Disposal Service (the "Four Party Agreement) to address the provision of wholesale wastewater treatment and disposal service from the City of Yakima's Regional Wastewater Treatment Plant ("Regional WWTP'°). In January, 2006, the City of Yakima, the City of Moxee, the Terrace Heights Sewer District and Yakima County entered into an Interlocal Agreement (ILA) regarding cooperative planning to provide wastewater treatment and disposal service to Moxee and to promote economic development in the SR -24 Industrial Corridor between the Yakima River and the City of Moxee. The ILA contemplated the need for development and execution of additional wastewater agreements. (Continued) Resolution X Ordinance Other (Specify) Amendment to 1976 Agreement; and Four (4) Special Agreements Contract Mail to (name and address): Phone Funding Source N/A ,� APPROVED FOR SUBMITTAL: /' -5(14‘/iLovt-City Manager STAFF RECOMMENDATION: Adopt a Resolution Authorizing Execution of Wastewater Agreements: COUNCIL COMMITTEE RECOMMENDATION: The City/County Intergovernmental Committee discussed and approved the concept presented by ITEM A, Seventh Amendment to Agreement for Wastewater Treatment and Disposal Service. (Meeting minutes attached.) COUNCIL ACTION: Resolution adopted. RESOLUTION R-2006--125 (Continued from first page) Legal review conducted during the cooperative planning process has determined that execution of the subject agreements is necessary to provide service to Moxee, to allow the City to serve its entire Urban Area, and to fulfill other requirements of the City's delegated pretreatment program. Representatives of all the Parties have been meeting and discussing the subject agreements over the past several months and have reached agreement over their form and content. The City Manager and the City Clerk would be specifically authorized, for and on behalf of the City of Yakima, to execute and make minor modifications to any or all of the subject agreements. ITEM A Amends the 1976 Agreement for Wastewater Treatment and Disposal Service (the "Four Party Agreement" "4PA"). The proposed amendment allow two changes; (1) it designates the retail wastewater service area of the Parties as being coterminous with their respective Urban Area Boundary; (2) it allows that the Terrace Heights Sewer District may provide wastewater treatment and disposal service to the City of Moxee pursuant to the capacity allocation assigned to the Terrace Heights Sewer District. ITEMS B, and C Update existing Special Agreements with the City of Yakima's existing wholesale customers (Terrace Heights Sewer District and the City of Union Gap). These updates are required due to the City of Yakima becoming a federally delegated pretreatment program. ITEM D Is a new Special Agreement that incorporates the City of Moxee into the City of Yakima's federally delegated pretreatment program. ITEM E Is a new Special Agreement that incorporates Yakima County into the City of Yakima's federally delegated pretreatment program. ITEM D SPECIAL AGREEMENT between The City of Yakima and Terrace Heights Sewer District and The City of Moxee This Special Agreement is entered into this o?d" day of ` ar R. 2cc,4,, among the City of Yakima (the "City"), the Terrace Heights Sewer District ("Terrace Heights") and the City of Moxee ("Moxee") (the "Parties") for the general purpose of providing wastewater services and enforcement within the service areas of Terrace Heights and Moxee. I. RECITALS. A. The City owns and operates a wastewater treatment system and administers a delegated pretreatment program to prevent the discharge of waste that would cause interference with, or pass through of, its wastewater treatment system. B. Terrace Heights owns and operates a wastewater collection system, and utilizes the City's wastewater treatment system to treat wastewater collected by the Terrace Heights system. The February 23, 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 (now, City) of Union Gap and Terrace Heights (the "1976 Agreement"), and the September 9, 1997, Settlement Agreement among the City, the City of Union Gap and Terrace Heights (the "1997 Agreement") govern various aspects of the use of the City's wastewater treatment system by. Terrace Heights. C. In January 2006, the City, the County, Terrace Heights and Moxee entered into the Interlocal Agreement regarding Cooperative Planning to Provide Wastewater Treatment and Disposal Service to Moxee and to Promote Economic Development in the SR -24 Industrial Corridor between the Yakima River and the City of Moxee (the "SR -24 Agreement"). Under the SR -24 Agreement, Terrace Heights will accept wastewater collected and delivered by Moxee from its wastewater service area. In addition, the City has agreed to accept such wastewater and shall provide treatment and disposal for Moxee's wastewater, pursuant to the capacity allocation held by Terrace Heights as set out in the 1997 Agreement and subject to the terms of this Agreement, the 1976 Agreement and the 1997 Agreement. D. Owners and operators of facilities located in Moxee may discharge wastewater that includes industrial waste ("Industrial Users"). Such facilities are "industrial dischargers" within the meaning of the City's pretreatment ordinance, Yakima Municipal Code ("YMC") Section 7.65.020, and "Industrial Users" within the meaning of 40 C.F.R. 403.3(h). In addition, X06 some of these Industrial Users may be "significant industrial dischargers" or "Significant Industrial Users," as defined by YMC 7.65.020 and 40 Code of Federal Regulations ("C.F.R.") 403.3(t), respectively ("SIUs"). The terms "Pretreatment Standard" and "Pretreatment Requirement," as used in this Special Agreement, have the same meanings as those set out in 40 C.F.R. 403.3. E. Under Section 4 of the 1976 Agreement, the parties to that agreement agreed that: Wastes prohibited by the U.S. 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. F. In 2000, the City and Terrace Heights entered a Special Agreement (the "Terrace Heights Special Agreement") as required by the 1976 Agreement and supporting the City's pretreatment authority. Under Section IV of the Terrace Heights Special Agreement, the City and Terrace Heights agreed to the following: Before an Industrial User located outside the jurisdiction of Terrace Heights discharges into Terrace Heights's sewer system, Terrace Heights 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 Terrace Heights. G. In 2003, as a part of its renewal of the City's National Pollution Discharge Elimination System Permit ("NPDES Permit"), the Washington Department of Ecology ("Ecology") granted the City full authority to administer its pretreatment program. Under its pretreatment program, the City is required to control discharges from all Industrial Users of its wastewater treatment system pursuant to requirements set out in 40 C.F.R. Part 403, Chapter 90.48 RCW, Chapters 173-208 WAC, 173-216 WAC, 173-201A WAC, and 173-240 WAC and the City's NPDES Permit. Under Section S6.A.1.j of the NPDES Permit, the City must take the following action: Establish, where necessary, contracts or legally binding agreements with contributing jurisdictions to ensure compliance with applicable pretreatment requirements by commercial or industrial users within these jurisdictions. These contracts or agreements shall identify the agency responsible for the various implementation and enforcement activities to be performed in the contributing SA-Yak/rHSD/Moxee -2- jurisdiction. In addition, the Permittee shall be required to develop a Memorandum of Understanding (or Interlocal Agreement) that outlines the specific roles, responsibilities, and pretreatment activities of each jurisdiction. H. To implement the requirements of Section 4 of the 1976 Agreement, Section IV of the Terrace Heights Special Agreement, and Section S6.A.1.j of the City's NPDES Permit, the Parties are entering into this Special Agreement. In this Special Agreement, Moxee agrees to adopt and implement a sewer use ordinance that subjects the Industrial Users within its jurisdiction to the necessary pretreatment controls. The City and Terrace Heights intend that all provisions of the 1976 Agreement, including Section 4 of the 1976 Agreement, the 1997 Agreement and the Terrace Heights Special Agreement remain in full force and effect. I. Moxee 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. Therefore, the Parties agree as follows: II. SEWER USE ORDINANCE A. Moxee will 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 (Chapter 7.65 YMC) as may be amended from time to time ("City Sewer Use Ordinance"); provided, however, that the. sewer use ordinance need not include wastewater discharge permitting authority if Ecology has not delegated such authority to Moxee. Moxee's sewer useordinance 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 Sewer Use Ordinance. Moxee'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 Moxee's jurisdiction, pursuant to 40 C.F.R. 403.8(f)(1)(iii). Moxee will forward to the City for the City's review a draft of its proposed sewer use ordinance at least sixty (60) days prior to the delivery of any wastewater to Terrace Heights and the City. The City shall provide comments regarding the proposed ordinance within thirty (30) days and Moxee shall adopt a sewer use ordinance approved by the City prior to delivery of any wastewater to Terrace Heights or City. B. Before revising the City Sewer Use Ordinance or any component thereof, the City will forward a copy of the proposed revision(s) to Moxee and Terrace Heights for review. Moxee and Terrace Heights 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 Moxee and Terrace Heights' comments in finalizing its revision(s). C. When the City completes any revisions to the City Sewer Use Ordinance or any component thereof, it will forward a copy of the fmal revisions to Moxee. Moxee will adopt revisions to its sewer use ordinance that are at least. as stringent as those adopted by the City. Moxee will forward to the City for review its proposed revisions within forty-five (45) days of receipt of the City's revisions. Moxee will adopt its revisions within forty-five (45) days of receiving approval from the City of its content. SA -Yak/ THSD/Moxee -3- 9/30/06 D. Nothing in this Special Agreement precludes Moxee from enacting and enforcing regulations more stringent than those set forth herein. III. DUTIES AND RESPONSIBILITY OF MOXEE A. Moxee will take all actions reasonable and necessary to ensure that Industrial Users, including SIUs, within its boundaries are subject to an approved pretreatment program to the extent required by 40 C.F.R. § 403.8. Such actions shall include, but are not limited to, Moxee's performance of all technical and administrative duties necessary to implement its sewer use ordinance (except for the issuance of waste discharge permits and the associated permit enforcement authority, which remain the responsibility of Ecology until Ecology delegates this authority to Moxee). Moxee will: (1) Update the industrial waste survey as set out in more detail in Sections B and C below; (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 or Moxee (after Ecology delegates this authority to Moxee) prior to discharge; (3) Conduct annual inspections, sampling, and analysis of all SIUs, as well as other Industrial Users that may have the potential to affect the City's wastewater treatment system; (4) Enforce its sewer use ordinance against Industrial Users that do not comply with Pretreatment Requirements, Pretreatment Standards or its sewer use ordinance and inform the City, Terrace Heights and Ecology of all violations of its sewer use ordinance or of any other need for enforcement action; and Take emergency action to stop or prevent any discharge that reasonably presents or may present an imminent danger to the health or welfare of humans, that reasonably appears to threaten the environment, that reasonably 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. B. Moxee will maintain a current list of Industrial Users located in its jurisdiction ("nondomestic inventory"). The nondomestic inventory 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. Moxee will require each existing wastewater customer located within its jurisdiction that may be an Industrial User to provide an initial industrial waste survey at least sixty (60) days prior to delivery of wastewater to Terrace Heights and City and an updated industrial waste survey by January 1, 2011. Moxee will forward a copy of these surveys to the City, Terrace Heights and Ecology. C. Whenever a new Industrial User begins operations in Moxee, or any time an existing Industrial User implements changes in its operations or processes which significantly affect its wastewater constituents or characteristics, or storage of chemicals (these changes (5) SA-YakITHSD/Moxee -4- 8/30/06 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 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, Terrace Heights or Ecology, Moxee will require that such Industrial User to respond to an industrial user survey that includes information reasonably requested by the City for purposes of permit compliance. Moxee will forward a copy of the completed survey to the City, Terrace Heights and Ecology. D. Moxee will provide the City, Terrace Heights and Ecology access to or copies of all records or documents relevant to the pretreatment program for any Industrial User located in Moxee or discharging through Moxee to the City. E. Moxee will inspect and sample all SIUs and a representative number of other Industrial Users located in its jurisdiction each year. Moxee will sample Sills and Industrial Users more frequently if required by Federal or State law or if actual or potential violations of the Pretreatment Requirements or Pretreatment Standards occur. Moxee will submit written notice of scheduled inspections within a minimum of five (5) working days prior to such inspection to the City, Terrace Heights and Ecology, providing the opportunity for City, Terrace Heights and Ecology to attend all inspections. If an inspection is in response to an emergency situation and such notice is not possible, Moxee will make every effort to informally notify the City, Terrace Heights and Ecology of the impending inspection so the City, Terrace Heights and Ecology may attend. Moxee will forward copies of all inspection reports, including, if available, the laboratory data associated with the samples taken during the inspection, to the City, Terrace Heights and Ecology within twenty (20) days of the inspection. Moxee will submit to the City, Terrace Heights 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 C.F.R. 403.12(b)(5)(ii)-(v) and 40 C.F.R. Part 136, except as otherwise required by the U.S. Environmental Protection Agency. F. The City may conduct inspections and sampling at any Industrial User's facility located within Moxee, provided that a written notice of scheduled inspections is delivered to Moxee a minimum of five (5) working days prior to the inspection. If an inspection is in response to an emergency situation and such notice is not possible, the City will make every effort to informally notify Moxee of the impending inspection so Moxee may attend. The City will forward copies of all inspection reports, including, if available, the laboratory data associated with the samples taken during the inspection, to Moxee within twenty (20) days of the inspection. The City will submit to Moxee 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 C.F.R. 403 12(b)(5)(ii)-(v) and 40 C.F.R. Part 136, except as otherwise required by the U.S. Environmental Protection Agency. G. Moxee will submit an annual report to the City, Terrace Heights and Ecology. Such report shall be received by the City, Terrace Heights and Ecology on or before February 15th of each year and consist of pretreatment activities conducted during the previous calendar year. The report shall include the following information: SA-YakIiHSD/Moxee -5- (1) An updated nondomestic inventory; (2) Laboratory data results for all Industrial User sampling that Moxee conducted in the previous year; (3) Compliance status of each SIU and of additional Industrial Users that have the potential to affect the City's POTW, or have violated Pretreatment Standards or, Pretreatment Requirements as set out in the City Sewer Use Ordinance within the past year; (4) Copies of all wastewater discharge permits or discharge agreements issued to SIUs; and (5) A list of Industrial Users scheduled for inspection and/or monitoring for the next year, and the expected frequency of the inspection and monitoring activities. H. Moxee 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. Moxee shall be responsible for the reasonable costs incurred by the City or Terrace Heights in the oversight of the Moxee pretreatment program, provided that City and/or Terrace Heights provide notice of such oversight and such oversight is necessary for compliance with this Agreement or permit responsibility. Moxee shall be responsible for all costs for tasks performed by the City or Terrace Heights at Moxee's request. All costs incurred by the City and/or Terrace Heights for oversight duties or requested tasks shall be provided on an itemized invoice listing of all tasks performed and associated costs. The City and Terrace Heights shall provide a cost schedule for pretreatment activities. IV. EXTRA -JURISDICTIONAL NEW INDUSTRIAL USERS Before an Industrial User located outside the jurisdiction of Moxee discharges into Moxee's sewer system, Moxee, Terrace Heights 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 Moxee. V. ENFORCEMENT AND DISPUTE RESOLUTION A. The City shall have all enforcement remedies available to it under the City Sewer Use Ordinance, this Special Agreement and applicable law in the event that the City finds that wastewater discharged from Moxee's sewer system has violated or is violating the pretreatment standards and requirements of the City Sewer Use Ordinance. B. The Parties shall seek to resolve other disputes concerning this Special Agreement and its interpretation that may arise between the City and Terrace Heights or Moxee from the date hereof until the termination of this Special Agreement at the lowest possible level and as promptly as possible. In the event that the Parties' efforts to resolve such a dispute are not effective, they may agree to proceed with mediation or arbitration. Each Party retains all remedies available to it at law or in equity. SA-Yak/THSD/Moxee -6- VI. EMERGENCY ACTIONS The City may take, or direct Terrace Heights and Moxee to take reasonable emergency actions 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 sludge 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 Terrace Heights and Moxee (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. Moxee and Terrace Heights will 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, in violation of federal or state laws or regulations or the pretreatment program maintained pursuant to this Special Agreement, from Moxee's sewer system. In addition, Moxee and Terrace Heights 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 results from the indemnified party's negligent act or omission), arising out of or related to any act or omission of Moxee or Terrace Heights, their employees, subcontractors, agents, or servants; provided, however, that such act or omission is directly related to Moxee's or Terrace Heights' 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 Moxee and Terrace Heights, their 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, however, 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 SA-Yak/THSD/Moxee -7- Pollution Control Act (Chapter 90.48 RCW), the rules and regulations (see, e.g., 40 C.F.R. Part 403 and Chapter 173-216) issued thereunder and the City's NPDES Permit, as necessary, but no later than five (5) years from the date on which the Special Agreement was signed and implemented by the Parties and no later than ninety (90) days from the date on which Ecology grants Moxee partial or full authority to administer a pretreatment program. C. This Special Agreement shall terminate upon the written agreement of the Parties, at which time all benefits, responsibilities, 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. Moxee and Terrace Heights may terminate this Special Agreement by providing thirty (30) days written notice to the City and ceasing to discharge industrial waste from Moxee'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, responsibilities, 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). D. This Agreement shall in all respects be governed by the laws of the State of Washington. Venue for any legal action arising under this Special Agreement, including under Section V.A above, shall be in Yakima County Superior Court. E. This Special Agreement shall be in full force and effect and binding upon its execution. SA-Yak/I"HSD/Moxee -- Signature Page Follows -- -8- 8/30/06 THE CITY OF YAKIMA ATTEST: TERRACE HEIGHTS SEWER DISTRICT By: !Jr., City Manager /fit -- Deborah J. Moore, Clerk Contract No. 2006-80 Resolution No. R-2006-125 THE CITY OF MOXEE By: Its: t-IaAIVr ATTEST: A.,4:", .4 jLdL City Clerk SA-Yak/THSD/Moxee Its: V.} -744/f -A.^_ a;E:1/,/, • Its: rK4A►S5 /Weft - ATTEST: /41-1/7"— Its: tU ►'Y11S5/0A e -9- 8/30/06 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 7 .Y For Meeting Of September 5, 2006 ITEM TITLE: Consideration of a Resolution Authorizing Execution of the following Wastewater Agreements: A) Seventh Amendment to Agreement for Wastewater Treatment and Disposal Service B) Special Agreement between The City of Yakima and City of Union Gap C) Special Agreement between The City of Yakima and Terrace Heights Sewer District D) Special Agreement between The City of Yakima and Terrace Heights Sewer District and The City of Moxee E) Special Agreement between The City of Yakima and The County of Yakima and Terrace Heights Sewer District and The City of Union Gap and The City of Moxee SUBMITTED BY: Konrad Liegell/Preston Gates Ellis Attorney Dave Zabeil/Assistant City Manager Douglas Mayo/Wastewater Division Manager CONTACT PERSON/TELEPHONE: Douglas Mayo 575-6077 SUMMARY EXPLANATION: On February 23, 1976, the above listed Parties, with the exception of the City of Moxee, entered into an Agreement for Wastewater Treatment and Disposal Service (the "Four Party Agreement") to address the provision of wholesale wastewater treatment and disposal service from the City of Yakima's Regional Wastewater Treatment Plant ("Regional WWTP"). In January, 2006, the City of Yakima, the City of Moxee, the Terrace Heights Sewer District and Yakima County entered into an Interlocal Agreement (ILA) regarding cooperative planning to provide wastewater treatment and disposal service to Moxee and to promote economic development in the SR -24 Industrial Corridor between the Yakima River and the City of Moxee. The ILA contemplated the need for development and execution of additional wastewater agreements. (Continued) Resolution X Ordinance Other (Specify) Amendment to 1976 Agreement; and Four (4) Special Agreements Contract Mail to (name and address): Phone Funding Source N/A APPROVED FOR SUBMITTAL: iesfet-City Manager STAFF RECOMMENDATION: Adopt a Resolution Authorizing Execution of Wastewater Agreements: COUNCIL COMMITTEE RECOMMENDATION: The City/County Intergovernmental Committee discussed and approved the concept presented by ITEM A, Seventh Amendment to Agreement for Wastewater Treatment and Disposal Service. (Meeting minutes attached.) COUNCIL ACTION: Resolution adopted. RESOLUTION R-2006-125 (Continued from first page) Legal review conducted during the cooperative planning process has determined that execution of the subject agreements is necessary to provide service to Moxee, to allow the City to serve its entire Urban Area, and to fulfill other requirements of the Citv's delegated pretreatment program. Representatives of all the Parties iiicave been meeting and discussing the subject agreeii scuts over the past several months and have reached agreement over their form and content. The City Manager and the City Clerk would be specifically authorized, for and on behalf of the City of Yakima, to execute and 11 14 \c 11111 /MI 11 ivuii iwuvi w iv ai 17 vi au ui u ir. auu1ca.t ayi CCI i iQi ua. ITEM A Amends the 1976 Agreement for Wastewater Treatment and Disposal Service (the "Four Party Agreement" "4PA"). The proposed amendment allow two changes; (1) it designates the retail wastewater service area of the Parties as being coterminous with their respective Urban Area Boundary; (2) it allows that the Terrace Heights Sewer District may provide wastewater treatment and disposal service to the City of Moxee pursuant to the capacity allocation assigned to the Terrace Heights Sewer District. ITEMS B, and C Update existing Special Agreements with the City of Yakima's existing wholesale customers (Terrace Heights Sewer District and the City of Union Gap). These updates are required due to the City of Yakima becoming a federally delegated pretreatment program. ITEM D Is a new Special Agreement that incorporates the City of Moxee into the City of Yakima's federally delegated pretreatment program. ITEM E Is a new Special Agreement that incorporates Yakima County into the City of Yakima's federally delegated pretreatment program. ITEM E SPECIAL AGREEMENT between The City of Yakima and The County of Yakima and Terrace Heights Sewer District and The City of Union Gap and The City of Moxee This Special Agreement is entered into this /6 day of CCIDeE72. 0 (o, among the City of Yakima (the "City"), the County of Yakima (the "County"), the Terrace Heights Sewer District ("Terrace Heights"), the City of Union Gap ("Union Gap") and the City of Moxee ("Moxee") (individually, "Party;" collectively, the "Parties") for the general purpose of providing wastewater services and enforcement within the unincorporated portions of Parties' respective wastewater service area. I. RECITALS A. The City owns and operates a wastewater treatment system and administers a delegated pretreatment program to prevent the discharge of waste that would cause interference with, or pass through of, its wastewater treatment system. B. Terrace Heights, Union Gap and Moxee own and operate wastewater collection systems, and use, or plan to use, the City's wastewater treatment system to treat wastewater collected by those systems. The February 23, 1976, Agreement for Wastewater Treatment and Disposal Service, as amended, by and between the City and three contributing jurisdictions, the County, Union Gap and Terrace Heights (the "1976 Agreement"), and the September 9, 1997, Settlement Agreement among the City, the Union Gap and Terrace Heights (the "1997 Agreement") govern various aspects of the use of the City's wastewater treatment system by other local jurisdictions. C. In January 2006, the City, the County, Terrace Heights and Moxee entered into the Interlocal Agreement regarding Cooperative Planning to Provide Wastewater Treatment and Disposal Service to Moxee and to Promote Economic Development in the SR -24 Industrial Corridor between the Yakima River and the City of Moxee (the "SR -24 Agreement"). Under the SR -24 Agreement, Terrace Heights will accept wastewater collected and delivered by City of Moxee from within its wastewater service area, such area lying outside of Terrace Heights 8!30/06 service area. In addition, the City has agreed to accept such wastewater and to provide treatment and disposal for that wastewater, pursuant to the capacity allocation held by Terrace Heights as set out in the 1997 Agreement and subject to the terms of this Agreement, the 1976 Agreement and the 1997 Agreement. D. There are also areas where the City, Terrace Heights, Union Gap and Moxee provide wastewater services (their "Service Areas") that may include other unincorporated areas where the County has enforcement authority. E. Owners and operators of facilities located in unincorporated areas of the County may discharge wastewater that includes industrial waste ("Industrial Users"). Such facilities are "industrial dischargers" within the meaning of the City's pretreatment ordinance, Yakima Municipal Code ("YMC") Section 7.65.020, and "Industrial Users" within the meaning of 40 C.F.R. 403.3(h). In addition, some of these Industrial Users may be "significant industrial dischargers" or "Significant Industrial Users," as defined by YMC 7.65.020 and 40 Code of Federal Regulations ("C.F.R.") 403.3(t), respectively ("SIUs"). The terms "Pretreatment Standard" and "Pretreatment Requirement," as used in this Special Agreement, have the same meanings as those set out in 40 C.F.R. 403.3. F. Under Section 4 of the 1976 Agreement, the parties to that agreement agreed that: Wastes prohibited by the U.S. 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. G. In 2003, as a part of its renewal of the City's National Pollution Discharge Elimination System Permit ("NPDES Permit"), the Washington Department of Ecology ("Ecology") granted the City full authority to administer its pretreatment program. Under its pretreatment program, the City is required to control discharges from all Industrial Users of its wastewater treatment system pursuant to requirements set out in 40 C.F.R. Part 403, Chapter 90.48 RCW, Chapters 173-208 WAC, 173-216 WAC, 173-201A WAC, and 173-240 WAC and the City's NPDES Permit. Under Section S6.A.1.j of the NPDES Permit, the City must take the following action: SA -All Establish, where necessary, contracts or legally binding agreements with contributing jurisdictions to ensure compliance with applicable pretreatment requirements by commercial or industrial users within these jurisdictions. These contracts or agreements shall identify the agency responsible for the various -2- 8/30/06 implementation and enforcement activities to be performed in the contributing jurisdiction. In addition, the Permittee shall be required to develop a Memorandum of Understanding (or Interlocal Agreement) that outlines the specific roles, responsibilities, and pretreatment activities of each jurisdiction. H. The City, Terrace Heights, Union Gap and Moxee recently entered, or are in the process of entering, special agreements (the "Terrace Heights Special Agreement," the "Union Gap Special Agreement" and the "Terrace Heights-Moxee Special Agreement") to implement the 1976 Agreement and the NPDES Permit, and to identify their respective responsibilities and enforcement authority. These special agreements allow the Parties to ensure that the appropriate Pretreatment Standards and Pretreatment Requirements are imposed on Industrial Users located outside of the City. Moreover, in accordance with the City's NPDES Permit and these special agreements, the City, Terrace Heights, Union Gap and Moxee have adopted, or are in the process of adopting, sewer use and pretreatment regulations allowing them to control wastewater discharges from Industrial Users of the City's wastewater treatment system. I. The Parties are entering into this Special Agreement to implement the requirements of Section 4 of the 1976 Agreement and Section S6.A.1 j of the City's NPDES Permit, as those requirements pertain to the provision of wastewater services by the City, Terrace Heights, Union Gap and Moxee to Industrial Users located in unincorporated areas where the County has enforcement authority. In this Special Agreement, the County agrees to implement a sewer use ordinance that subjects the Industrial Users within its jurisdiction to the necessary pretreatment controls. Moreover, the County agrees to delegate, to the extent permitted by law, the authority to enforce its sewer use ordinance to the other Parties. The Parties acknowledge that all applicable provisions of the 1976 Agreement, including Section 4 of the 1976 Agreement, and the 1997 Agreement remain in full force and effect. J. The County does not currently own or operate a wastewater collection system. However, the County may have an obligation to provide sewage delivery service under certain circumstances pursuant to Section 10, Part V of the 1976 Agreement. K. The County has authority under Chapter 36.94 RCW and RCW 36.32.120 to adopt and enforce a pretreatment ordinance and other controls on Industrial Users as set forth in this Special Agreement. The Parties have authority to enter this Agreement under Chapter 39.34 RCW. Therefore, the Parties agree as follows: II. SEWER USE ORDINANCE A. The County will adopt the sewer use ordinance of the City (Chapter 7.65 YMC, the "Sewer Use Ordinance") by reference within forty-five (45) days of the date of this Special Agreement. B. Before revising the Sewer Use Ordinance or any component thereof, the City will forward a copy of the proposed revision(s) to the County for review. The County will provide any comment on such revision(s) within thirty (30) days of receipt of the City's proposed SA -All -3- 6/30/06 revisions. The City shall take into consideration the County's comments in finalizing its revision(s). C. When the City completes any revisions to the Sewer Use Ordinance or any component thereof, it will forward a copy of the final revisions to the County. The County will adopt these revisions by reference within forty-five (45) days of receipt of the City's revisions. III. DUTIES AND RESPONSIBILITIES A. The City, Terrace Heights, Union Gap and Moxee will take all actions reasonable and necessary to ensure that Industrial Users, including SIUs, within their respective Service Areas are subject to an approved pretreatment program to the extent required by 40 C.F.R. § 403.8. Such actions shall include, but are not limited to, the performance of all technical and administrative duties necessary to implement sewer use regulations for those Industrial Users located within each jurisdiction's Service Area as required by the City's NPDES Permit and, as appropriate, the Terrace Heights Special Agreement, the Terrace Heights-Moxee Special Agreement or the Union Gap Special Agreement. B. The County designates the City, Terrace Heights, Union Gap and Moxee, within their respective Service Areas, as the agents of the County for the purposes of implementation and enforcement of the Sewer Use Ordinance against Industrial Users located within the unincorporated areas of the County and that do not comply with Pretreatment Standards or Pretreatment Requirements. Within their respective Service Areas, the City, Terrace Heights, Union Gap and Moxee may take any action under the Sewer Use Ordinance that may be taken by the County, including the conduct of inspections and sampling at any Industrial User's facility and enforcement of the Sewer Use Ordinance in courts of law. C. The City, Terrace Heights, Union Gap and Moxee will report violations of the Pretreatment Standards and Pretreatment Requirements that occur within the unincorporated areas of their respective Service Areas to the County. D. The County will provide the City, Ecology, and, as appropriate, Terrace Heights, Union Gap or Moxee, access to all records or documents relevant to the enforcement of the Sewer Use Ordinance for any Industrial User located in unincorporated areas of the County. E. The City, Terrace Heights, Union Gap and Moxee shall be responsible for all costs related to their individual performance of the technical, legal and administrative duties necessary to implement and enforce the Sewer Use Ordinance, the Pretreatment Standards and Pretreatment Requirements under this Special Agreement within their respective Service Areas. F. If it is determined that the City, Terrace Heights, Union Gap or Moxee does not possess authority to implement or enforce the Sewer Use Ordinance, the County will take whatever action is necessary to ensure that the implementation and enforcement of the Sewer Use Ordinance against that Industrial User, including but not limited to, implementing and enforcing the Sewer Use Ordinance on its own behalf. In addition, if it is determined that the Parties possess insufficient implementation or enforcement authority under this Agreement, the Parties shall cooperate in amending this Agreement as necessary to clarify their respective responsibilities and authority. The City, Terrace Heights, Union Gap or Moxee, as appropriate, SA -All -4- will reimburse the County for all reasonable and necessary costs it incurred in the enforcement of the Sewer Use Ordinance; provided that the County shall provide a detailed accounting of all such costs. IV. ENFORCEMENT AND DISPUTE RESOLUTION A. The City shall have all enforcement remedies available to it under the Sewer Use Ordinance, this_ Special Agreement and applicable law in the event that the City finds that wastewater discharged from an Industrial User located in an unincorporated area of the County has violated or is violating the Pretreatment Standards, Pretreatment Requirements, or the requirements of the Sewer Use Ordinance. B. Any of the Parties who have a dispute concerning this Special Agreement and its interpretation with another Party to this Special Agreement shall seek to resolve that dispute with the other Party at the lowest possible level and as promptly as possible. In the event that those Parties' efforts to resolve a dispute are not effective, they may agree to proceed with mediation or arbitration. Each Party retains all remedies available to it at law or in equity. V. EMERGENCY ACTIONS The City may take, or direct the County to take, emergency action, whenever the City deems that doing so is 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 sludge 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 the County and wastewater service provider (e.g., Union Gap, Terrace Heights and/or Moxee) (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. VI. 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), the rules and regulations (see, e.g., 40 C.F.R. Part 403 and Chapter 173-216) issued thereunder and the City's NPDES Permit, as necessary, but no later than five (5) years from the date on which the Special Agreement was signed and implemented by the Parties. C. If the County intends to deliver wastewater from any Industrial User to the City's wastewater treatment system under the provisions of Section 10, Part V of the 1976 Agreement, the City and the County will enter into an agreement that meets the requirements of Section 4 of the 1976 Agreement and the NPDES Permit for discharges from Industrial Users. Such SA -All -5- 8/30/06 agreement must be in force before the County provides wastewater delivery service to any Industrial User. D. This Special Agreement shall terminate upon the written agreement of the Parties, at which time all benefits, responsibilities, 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. Terrace Heights, Union Gap and Moxee may withdraw from this Special Agreement by providing thirty (30) days written notice to the other Parties and ceasing to discharge industrial waste from the unincorporated areas within their respective Service Areas to the City's wastewater treatment system; provided that the withdrawal of one or more of these Parties shall not have the effect of terminating this Special Agreement. E. This Agreement shall in all respects be governed by the laws of the State of Washington. Venue for any legal action arising under this Special Agreement, including under Section V.A above, shall be in Yakima County Superior Court. F. This Agreement does not create any separate legal or administrative entity and each party shall administer this agreement on its own behalf. G. This Special Agreement shall be in full force and effect and binding upon its execution by all the Parties. SA -All --- Signature Pages Follow --- -6- 8/30/06 THE CITY OF YAKIMA By: 4 i R. A a'r!, City Manag BOARD COUNTY COMMISSIONERS ATTEST: Deborah, J. Moore, Clerk Contract No. 2006-81 Resolution No. R-2006-125 Michael D. Leita, Its: Commissioner Ronald F. Gamache, Commissioner ATTEST: 0000,01—.1.;.; �Ar<. ,. fit.1: ti :as i:" ri �' • Sinn Steiner c;lerk of the Board THE CITY OF UNION GAP By: Its: ATTEST: Clerk Union Gap Attorney THE CITY OF MOXEE By: Its: ATTEST: Clerk Attorney TERRACE HEIGHTS SEWER DISTRICT By: Its: Chairman and Commissioner By: Jt* fit-•'t/f' Commissioner ATTEST: Secretary and Commissioner SA -A11 -7- 8/30/06 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. For Meeting Of September 5, 2006 ITEM TITLE: Consideration of a Resolution Authorizing Execution of the following Wastewater Agreements: A) Seventh Amendment to Agreement for Wastewater Treatment and Disposal Service B) Special Agreement between The City of Yakima and City of Union Gap C) Special Agreement between The City of Yakima and Terrace Heights Sewer District D) Special Agreement between The City of Yakima and Terrace Heights Sewer District and The City of Moxee E) Special Agreement between The City of Yakima and The County of Yakima and Terrace Heights Sewer District and The City of Union Gap and The City of Moxee SUBMITTED BY: Konrad Liegell/Preston Gates Ellis Attorney Dave Zabell/Assistant City Manager Douglas Mayo/Wastewater Division Manager CONTACT PERSON/TELEPHONE: Douglas Mayo 575-6077 SUMMARY EXPLANATION: On February 23, 1976, the above listed Parties, with the exception of the City of Moxee, entered into an Agreement for Wastewater Treatment and Disposal Service (the "Four Party Agreement") to address the provision of wholesale wastewater treatment and disposal service from the City of Yakima's Regional Wastewater Treatment Plant ('Regional WWTP"). In January, 2006, the City of Yakima, the City of Moxee, the Terrace Heights Sewer District and Yakima County entered into an Interlocal Agreement (ILA) regarding cooperative planning to provide wastewater treatment and disposal service to Moxee and to promote economic development in the SR -24 Industrial Corridor between the Yakima River and the City of Moxee. The ILA contemplated the need for development and execution of additional wastewater agreements. (Continued) Resolution X Ordinance Other (Specify) Amendment to 1976 Agreement; and Four (4) Special Agreements Contract Mail to (name and address): Phone Funding Source N/A APPROVED FOR SUBMITTAL: (� , 4vt�City Manager STAFF RECOMMENDATION: Adopt a Resolution Authorizing Execution of Wastewater Agreements: COUNCIL COMMITTEE RECOMMENDATION: The City/County Intergovernmental Committee discussed and approved the concept presented by ITEM A, Seventh Amendment to Agreement for Wastewater Treatment and Disposal Service. (Meeting minutes attached.) COUNCIL ACTION: Resolution adopted. RESOLUTION R-2006-125 (Continued from first page) Legal review conducted during he cooperative planning process has determined that execution of the subject agreements is necessary to provide service to Moxee, to allow the City to serve its entire Urban Area, and to fulfill other requirements of the City's delegated pretreatment program. Representatives of all the Parties have been meeting and d crlIccing thin subject agreements rive,r the past several months and have reached agreement over their form and content. The City Manager and the City Clerk would be specifically authorized, for and on behalf of the City of Yakima, to execute and nna.ka mino,nr nnnrifinnrinni. trt.p.ny..,l1 rif J.i.... .4..: ._t 6vr •• ITEM A Amends the 1976 Agreement for Wastewater Treatment and Disposal Service (the "Four Party Agreement" "4PA"). The proposed amendment allow two changes; (1) it designates the retail wastewater service area of the Parties as being coterminous with their respective Urban Area Boundary; (2) it allows that the Terrace Heights Sewer District may provide wastewater treatment and disposal service to the City of Moxee pursuant to the capacity allocation assigned to the Terrace Heights Sewer District. ITCIIAC D Update . .a: Special _� w �� City 111Y1•,.." 6, and C Update existing Special Agreements with the City of Yakima's existing whoiesaie customers (Terrace Heights Sewer District and the City of Union Gap). These updates are required due to the City of Yakima becoming a federally delegated pretreatment program. ITEM D Is a new Special Agreement that incorporates the City of Moxee into the City of Yakima's federally delegated pretreatment program. ITEM E Is a new Special Agreement that incorporates Yakima County into the City of Yaldma's federally delegated pretreatment program.