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HomeMy WebLinkAboutR-2014-138 Special Wastewater Service Agreement with the City of Moxee and Terrace Heights Sewer DistrictA RESOLUTION RESOLUTION NO. R-2014-138 authorizing the City Manager to execute a "Special Wastewater Service Agreement" with the Terrace Heights Sewer District and the City of Moxee for the provision of wastewater treatment and disposal service by the City of Yakima's Wastewater Division. WHEREAS, the City of Yakima (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 in accord with applicable Federal, State and Local regulations; and WHEREAS, the Terrace Heights Sewer District (Terrace Heights) owns and operates la wastewater collection system, and utilizes the City's wastewater treatment system to treat wastewater collected by the Terrace Heights system as a Wholesaler User; and WHEREAS, the 3 -Party Wholesale Service Agreement (3 -Party Agreement) for Wastewater Treatment and Disposal Service by and between the City, City of Union Gap and Terrace Heights governs various aspects of the use of the City's wastewater treatment system by Terrace Heights; and WHEREAS, a new agreement between the City, Terrace Heights, and the City of Moxee (Moxee) is required to be developed and implemented on or prior to January 1, 2015, as the current agreement with each shall terminate upon implementation of the new 3 -Party Agreement on this date, and WHEREAS, this Agreement supersedes the "Special Agreement" entered into on September 10, 2006 between the City, Terrace Heights, and Moxee for providing wastewater services and enforcement within the service areas of Terrace Heights and Moxee as entered into under the 4 -Party Agreement between the City, Yakima County, Union Gap, and Terrace Heights, and WHEREAS, Terrace Heights agrees to accept and be responsible for the wastewater collected from the service area of the Moxee and conveyed to the City's Regional Wastewater Treatment Plant (WWTP), and WHEREAS, the City agrees to provide treatment and disposal for such wastewater at the City's WWTP, pursuant to the capacity allocation held by Terrace Heights a'nd subject to all regulatory requirements in accordance with the 3 -Party Agreement; and WHEREAS, Moxee is recognized as an Extra -Jurisdictional customer of Terrace Heights with no capacity allocation to the City's WWTP and their usage and loading shall be incorporated into and counted against the Capacity Allocation of Terrace Heights in accordance with the 3 -Party Agreement; and WHEREAS, Terrace Heights shall be held responsible for the compliance of Moxee and the wastewater discharged into the Terrace Heights' wastewater collection system; and WHEREAS, the City Council has determined that it is in the best interest of the City to enter into the Special Wastewater Service Agreement with Terrace Heights and Moxee effective January 1, 2015 to provide wastewater treatment and disposal service from the Moxee service area; now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized to execute a Special Wastewater Service Agreement with the Terrace Heights Sewer District and the City of Moxee, attached hereto and incorporated herein by this reference, for the provision of wastewater treatment and disposal service from the Moxee service area; including regulatory requirements and enforcement by the City of Yakima's Wastewater Division. ADOPTED BY THE CITY COUNCIL this 18th day of November, 2014. ATTEST. nya Claar Tee, Cit Cle _:r } Z 7 j w• • y. I • -4 x ► Micah Cawley, Mayor BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 15. For Meeting of: November 18, 2014 ITEM TITLE: SUBMITTED BY: SUMMARY EXPLANATION: Resolution authorizing execution of a "Special Wastewater Service Agreement" with the Terrace Heights Sewer District and the City of Moxee for wastewater treatment and disposal service by the City of Yakima's Wastewater Division Scott Schafer, Public Works Director, 576-6411 Debbie Cook, Utilities & Engineering Director The purpose of the Special Wastewater Service Agreement is to establish the terms and conditions necessary in allowing the discharge of wastewater from the service area of the City of Moxee (Moxee) through the Terrace Heights Sewer District (Terrace Heights) to the City's Regional Wastewater Treatment Plant for wastewater treatment and disposal service; including regulatory requirements and enforcement by the City's Pretreatment Program. This Agreement supersedes the Special Agreement entered into on September 10, 2006 between the City, Terrace Heights, and Moxee for providing wastewater services and enforcement within the service areas of Terrace Heights and Moxee entered under the 4 -Party Agreement between the City, Yakima County, Union Gap, and Terrace Heights. The 4 -Party Agreement has since been replaced with the 3 -Party Agreement between the City, Union Gap , and Terrace Heights for the City's provision of wholesale wastewater treatment and disposal service from the City's Regional Wastewater Treatment Plant to the Wholesale Users. Moxee remains a customer to Terrace Heights. The Agreement shall become effective January 1, 2015 and shall remain in full effect as long as Terrace Heights remains a Party Member of the 3 -Party Agreement or unless terminated earlier. Resolution: X Ordinance: Other (Specify): Contract: Contract Term: Start Date: 1/1/15 End Date: Item Budgeted: NA Amount: Funding Source/Fiscal N/A Impact: Strategic Priority: Insurance Required? No Mail to: Phone: APPROVED FOR SUBMITTAL: RECOMMENDATION: Partnership Development .AisT City Manager Staff respectfully requests City Council approve the Resolution authorizing the City Manager to execute the accompanying Special Wastewater Service Agreement. ATTACHMENTS: Description ❑ Resolution - Special Wastewater Service Agreement ❑ Special Wastewater Service Agreement Upload Date 11/6/2014 10/17/2014 Type Resolution Contract SPECIAL WASTEWATER SERVICE AGREEMENT City of Yakima, Terrace Heights Sewer District and the City of Moxee Agreement for Wastewater Services within the Service Areas of Terrace Heights and Moxee This Special Wastewater Service Agreement is entered into this 25th day of September 2014, and shall become effective January 1, 2015, by and between the City of Yakima ("City"), the Terrace Heights Sewer District ("Terrace Heights") and the City of Moxee ("Moxee") and referenced individually in this Agreement as "Party" and collectively as "Parties." The purpose of this Agreement is to establish the terms and conditions necessary in allowing the discharge of wastewater from the service area of Moxee through Terrace Heights to the City's Regional Wastewater Treatment Plant for wastewater treatment and disposal service; including regulatory requirements and enforcement by the City's Pretreatment Program. This Agreement supersedes the Special Agreement entered into on September 10, 2006 between the City, Terrace Heights, and Moxee for providing wastewater services and enforcement within the service areas of Terrace Heights and Moxee. Any Party's provision of wastewater service to retail customers outside its respective city limits but within its urban growth area, or in the case of Terrace Heights its designated service territory, shall be in accordance with the Growth Management Act, chapter 36.70A RCW, and the related requirements of Yakima County. 1.0 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 in accord with applicable Federal, State and Local regulations. 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 as a Wholesaler User. The 3 -Party Wholesale Service Agreement (3 -Party Agreement) for Wastewater Treatment and Disposal Service by and between the City, City of Union Gap and Terrace Heights governs various aspects of the use of the City's wastewater treatment system by Terrace Heights. C. Terrace Heights agrees to accept and be responsible for the wastewater collected from the service area of Moxee and conveyed to the City's Regional Wastewater Treatment Plant (WWTP). The City agrees to provide treatment and disposal for such wastewater at the City's WWTP, pursuant to the capacity allocation held by Terrace Heights and subject to all regulatory requirements in accordance with the 3 -Party Agreement. D. Moxee is recognized as an Extra -Jurisdictional Customer of Terrace Heights. No capacity allocation to the City's WWTP is granted to Moxee under this Agreement. As specified in Section 2.2.4 of the 3 -Party Agreement, usage and loading from an Extra - Jurisdictional Customer shall be incorporated into and counted against the Capacity Allocation of the Wholesale User with which the Extra -Jurisdictional Customer has an agreement. 2.0 PRETREATMENT A. The City is a fully delegated Pretreatment Program and is required to control such discharges from all Industrial Users of its wastewater treatment system pursuant to requirements set out in 40 CFR Part 403, Chapter 90.48 RCW, Chapters 173-208 WAC, 173-216 WAC, 173-201A WAC, and 173-240 WAC and the National Pollution Discharge Elimination System Permit issued by Ecology to the City ("NPDES Permit"), all as they may be amended from time to time, to prevent the discharge of waste that could cause interference with the operations of the wastewater treatment system or pass through in violation of the NDPES Permit. B. Owners and operators of facilities located in Moxee currently contribute discharges of pollutants from non-domestic sources that have the potential to upset or interfere with the City's WWTP and are therefore regulated under Section 307(b), (c) or (d) of the Clean Water Act. Such facilities are classified as Minor Industrial Dischargers (MIUs) in accordance with Section 7.65.020 of the City of Yakima's Municipal Code (YMC) or Significant Industrial Dischargers (SIUs) in accordance with Section 7.65.020 YMC and 40 CFR 403.3(t). 2 C. Moxee shall adhere to the entirety of Sections 7.0 and 8.0 of the 3 -Party Agreement; meeting all Pretreatment regulatory and reporting requirements of its discharge. As a customer of Terrace Heights, Moxee shall be held to the same standards and requirements as Terrace Heights. Failure to do so may subject Moxee to any and all enforcement remedies available to the City in accordance with YMC Chapter 7.65 Sewer Use and Pretreatment Regulations, the 3 -Party Agreement, and applicable law required to operate a fully delegated Pretreatment Program in accordance with 40 CFR 403.8(f)(1), to enforce the requirements of sections 307 (b) and (c) and 402 (b)(8) of the Clean Water Act and any regulations implementing those sections in the event that the City finds that wastewater discharged from Moxee has violated or is violating the Pretreatment Standards and requirements of the City Sewer Use Ordinance. D. Terrace Heights shall be held responsible for the compliance of Moxee, their Extra - Jurisdictional customer, and the wastewater discharged into the Terrace Heights' wastewater collection system. 3.0 EXTRA -JURISDICTIONAL NEW INDUSTRIAL USERS Before an Industrial User located outside the jurisdiction of Moxee is allowed to discharge into Moxee's sewer system, Moxee, Terrace Heights and the City shall enter into an agreement with the jurisdiction in which such Industrial User is located, if such discharge is approved by the City. Such agreement must include terms that are substantially equivalent to this Special Wastewater Service Agreement and must be fully secured prior to a discharge from any Industrial User outside the jurisdiction of Moxee. 4.0 Wastewater Costs Billing of costs associated with the flow, BOD, and TSS loading of wastewater discharged by Moxee shall be resolved between Terrace Heights and Moxee. 5.0 Shared Infrastructure Infrastructure utilized jointly between Terrace Heights and Moxee to convey wastewater to the City's WWTP shall be the sole responsibility of Terrace Heights and Moxee. 6.0 ENFORCEMENT AND DISPUTE RESOLUTION A. The City shall have all enforcement remedies available to it under the City Sewer Use Ordinance, this Special Wastewater 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 disputes concerning this Special Wastewater Service 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 Wastewater Service 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 3 with mediation or arbitration. If mediation or arbitration are not acceptable methods of resolving the conflict then each Party retains all remedies otherwise available to it at law or in equity. 7.0 EMERGENCY ACTIONS The City may take, or direct Terrace Heights and/or 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 may provide informal notice to the Industrial User of its intent to take emergency action prior to taking action. The City may 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 said 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. 8.0 INDEMNIFICATION A. Moxee and Terrace Heights 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 Moxee's wastewater system in violation of federal or state laws or regulations or the pretreatment program maintained pursuant to this Special Wastewater Service Agreement. In addition, Moxee and Terrace Heights shall 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 Wastewater Service Agreement. B. The City shall 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 elected officials, officers, 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 Wastewater Service Agreement. This right to indemnification shall survive the termination of this Special Wastewater Service Agreement. 4 9.0 TERMINATION OF SERVICE The City shall have the right to terminate this Agreement for Cause should the parties hereto fail to meet the terms and conditions of service set forth in this Agreement, including, but not limited to noncompliance with Section 2.0 of this Agreement. The City may terminate this Agreement if the parties hereto materially breach the terms, conditions or obligations under this Agreement through no fault of the City. However, no such termination may be effected unless the breaching party or parties is/are given: (1) not less than one hundred -eighty (180) calendar days written notice delivered by certified mail, return receipt requested, of the reason for the proposed termination; and (2) a reasonable opportunity for consultation and for curing the breach prior to effective termination. Notice shall be considered issued within seventy-two (72) hours of mailing by certified mail to the parties. 10.0 GENERAL PROVISIONS A. Severability. If one or more sections or provisions of this Agreement are held to be unlawful, invalid or unenforceable by any court with jurisdiction, the remainder of this Agreement shall not be affected thereby. B. Binding Effect. This Agreement shall be binding upon and insure to the benefit of the Parties hereto and their predecessors, successors, heirs and assigns. C. Governing Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. Any legal action taken to enforce the provisions of this Agreement shall be maintained in a court of competent jurisdiction in Yakima County, Washington. Venue for any action taken to enforce any part of this Agreement shall lie in a court of competent jurisdiction in Yakima County. D. Force Maieure. If a Party is rendered unable by Force Majeure due to acts of God, strikes, lockouts, labor disputes, civil disorder, acts of terrorism or other causes beyond the reasonable control of the affected Party, to carry out, in whole or part, its obligations under this Agreement and such Party gives notice and full details of the event to the other Party as soon as practicable after such occurrence, the obligations of the Party affected by the event shall be suspended to the extent required. The Party claiming Force Majeure shall remedy the Force Majeure as soon as possible. E. Non -Waiver. The failure on the part of any Party to enforce its right as to any provision of the Agreement shall not be construed as a waiver of its rights to enforce such provision in the future. F. No Third -Party Beneficiary. Except as expressly provided herein, this Agreement is entered into for the exclusive benefit of the Parties hereto and shall not be construed to create any rights in, or to grant remedies to, any third party as a beneficiary of this Agreement or of any duty, obligation or undertaking established herein. G. Litigation. Each Party shall bear its own costs and expenses relating to any mediation and litigation that may result from the performance of this Agreement, and the City shall not include its mediation or litigation costs and expenses in charges to Terrace Heights. 5 H Modification of Agreement. No modification or waiver of this Agreement or any part hereof shall be valid or effective unless in writing and signed by all then -current Parties to this Agreement; no waiver of any breach or condition of this Agreement shall be deemed to be a waiver of any other subsequent breach or condition, whether of like or different nature. I. Entirety. This Agreement merges and supersedes all prior negotiations, representations, and agreements between the Parties hereto relating to the subject matter hereto and constitutes the entire contract between the Parties for the purposes described herein. 11.0 EFFECTIVE DATE AND TERM OF AGREEMENT This Agreement shall become effective January 1, 2015 upon execution by the City, Terrace Heights, and Moxee. It shall remain in full force and effect as long as Terrace Heights remains a Party Member of the 3 -Party Agreement or unless it has been terminated earlier pursuant to the terms of this Agreement. ty of Yakim Tony O'Ro Date: I I" ty Manager Terrace Heights Sewer District By: orman Alderson, District Manager Date: 72. 9 z®/y —s._ Attest: Sonya Clahr Tee, City Clerk �;, " 4 t Contract No. 0/4/��' ' Resolution No. R- 0:2O/c,-/3r By: City of Moxee Attest: Frank Sliger, District :ecr ary Date: Greg L Bree, Mayor -moo, y/ Attest: %/et Kristi Heilman, City Clerk 6