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
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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).
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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
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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.
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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.
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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
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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
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Attest:
%/et
Kristi Heilman, City Clerk
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