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,
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A.S,• H/rr
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✓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:
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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
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• 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
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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
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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
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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
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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
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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 --
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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:
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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
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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,
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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
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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.