HomeMy WebLinkAboutR-1995-088 Charron Company, Inc.•
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RESOLUTION NO R-95- 88
A RESOLUTION authorizing the renewal of a contract with Charron
Company, Inc. for utilization of Wastewater Treatment
Plant Biosolids.
WHEREAS, in the operation of the City's Wastewater Treatment Plant
substantial quantities of biosolids are generated which must be utilized at City
expense, and
WHEREAS, the City's contract with Charron Company, Inc. expired
May 12, 1995, and
WHEREAS, Charron Company, Inc. have offered to continue to utilize
a portion of the City's biosolids for agricultural fertilization application at no
expense to the City; and
WHEREAS, the City Council deems it to be in the best interest of the
City of Yakima to renew the contract with Charron Company, Inc. for
biosolids utilization, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA.
The City Clerk and the City Manager are hereby authorized and
directed to execute the attached and incorporated biosolids fertilizer
agreement with Charron Company, Inc.
ADOPTED THIS aok-` day of -Z , 1995
ATTEST
Sludge Resolution
6/12/95
CW
MAYOR ��, �
BIOSOLIDS FERTILIZER AGREEMENT
WHEREAS, the City of Yakima operates a Wastewater Treatment Facility
near the City of Yakima which generates solid and semi-solid wastes known as
sludge, which when beneficially used by application as fertilizer to agricultural crops
is called biosolids; and
WHEREAS, Charron Company, Inc. owns and operates farms near Yakima
and desires to utilize the City's biosolids as agricultural fertilizer; and
WHEREAS, the City of Yakima is currently responsible for the beneficial
utilization of its output of biosolids at City expense.
In consideration of the mutual promises contained in this Agreement, the
parties agree as follows:
This Agreement is entered into by and between the City of Yakima
(hereinafter called the City), a first class Washington municipal corporation and
Charron Company, Inc. (hereinafter called Charron).
This Agreement is entered into in this / S day of \J(A.Lf , 1995.
1) Term. This Agreement shall terminate one year fromits effective date
written above. The parties may renew this Agreement by mutual consent for one-
year terms thereafter.
2) Consideration. Charron shall utilize, in a lawful manner, those
quantities of biosolids generated by the City's Waste water Treatment Facility and
designated by the Director of the Department of Engineering Sr Utilities. Charron
shall receive the benefit of the fertilizer and humus content of such biosolids for
agricultural application and the City need not bear the expense of biosolids
utilization by other means. Neither party shall pay the other any monetary
consideration. Charron may refuse to accept biosolids for any reasonable cause. The
City may contract with other parties for biosolids utilization.
3) Transportation. Either party may transport biosolids to property leased
or owned by Charron in accordance with the terms of the permit in Section 4. In the
event Charron transports City biosolids, their vehicle will be subject to the City's
approval as to health and safety. Such approval shall not be unreasonably withheld
by the City.
4) Biosolids Application. Charron shall apply biosolids solely as crop
fertilizer and soil amendment in accordance with the terms and conditions of a
permit to be issued by the Yakima Health District and Charron shall comply with all
other terms of said permit.
5) Testing. Charron shall allow access to all sites where it applies
biosolids at all reasonable times to City personnel or their designees for the purpose
of carrying on scientific tests. Yakima shall test their biosolids and Charron`s soils
and waters according to the terms and conditions of a permit to be issued by the
Yakima Health District. The City makes no guarantees regarding the content or
characteristics of its biosolids. Test results as to the biological and chemical nature of
such biosolids will be made available to Charron by the City at its request.
6) Indemnity. Charron shall defend, indemnify and hold harmless the
City, its officers, agents and employees from any and all claims and damages
resulting from the performance of this contract. Charron assumes the risk of
biosolids application to its land under the terms of this contract. Charron has all
long and short term responsibility for his land including following best farm
management practices which apply to irrigation methods, fertilizer application rates,
and general agricultural practices. Charron accepts all risk of utilization of the
biosolids it receives.
7) Site Sr Crops. Charron shall have the sole responsibility for the site
upon which it utilizes biosolids. Charron shall grow on such site, only those crops
which are not prohibited by applicable law, permits and regulations.
8) Termination. Either party may terminate this contract on giving the
other sixty (60) days written notice at its address written below.
9) Whole Agreement. This agreement shall constitute the entire
agreement between the parties.
Charron Company, Inc
11530 Highway 24
Moxee, WA 98936
By its
City Manager
City Hall
Yakima, WA 98901
(Title) City Manager
ATTEST:
City Clerk
CIT` CONTRACT NO. "/u
cs-88
ITEM TITLE:
SUBMITTED BY:
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No.
For Meeting Of 6/20/95
Agreement for Beneficial Utilization of Wastewater Treatment
Plant Biosolids
Chris Waarvick, Wastewater Superintenden
Bruce Bates, Assistant Superintendent till'
Daryl Bullard, Chief Operator
CONTACT PERSON/TELEPHONE: Chris Waarvick/Daryl Bullard, 575-6078
SUMMARY EXPLANATION:
REQUESTED ACTION
The attached resolution, upon City Council approval, will allow the City Manager to
execute the attached renewal agreement concerning agricultural application of
stabilized wastewater sludges (biosolids) to lands belonging to or under the care of
Charron Company, Inc. This will be the tenth year of contractual relationships between
Charron Ranches and the City. This agreement is one of the requirements of the
Yakima Health District for biosolids utilization site permits.
BIOSOLIDS UPDATE
Annual biosolids production and dewatering activities require approximately 500 acres
of permitted land. The amount of land available through Charron Company, Inc., in
conjunction with another permitted site located in Prosser, will be adequate for 1995
and 1996 biosolids inventories.
continued on next page)
X Resolution Ordinance X Contract Minutes
Plan/Map
Notification List Other (Specifyy
APPROVED FOR SUBMITTAL
City Manager
STAFF RECOMMENDATION: Approve the resolution authorizing the City Manager to
execute the attached agreement with Charron Company, Inc. for beneficial utilization of
wastewater treatment plant biosolids.
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION:
Page 1
June 13, 1995
95/96 BS agenda
Resolution No. R-95-88.
Since approved agricultural acreages (hop fields) for applying Class "B" biosolids are
relatively small and maintaining these individual sites is costly, staff have been
researching additional markets for biosolids utilization. Composting, the process of
mixing biosolids with bulking agent such as wood chips or yard waste to elevate the
temperature, may be a cost effective method to produce a Class "A" or pathogen free
product. Final utilization of a Class "A" product is much Tess "regulatory intensive" than
a Class "B" product. Staff recently completed permitting activities to permit the
wastewater facility as a composting facility.
Staff are researching composting methods through a pilot project at the facility in order
to produce a pathogen free compost which could eventually be marketed to the general
public. A compost turner was purchased ($76,000), through a 1994 PWTF loan and is
currently used to mix and blend biosolids with chipped yard waste and hay foraged on-
site from the Industrial Waste Sprayfield. Additional equipment, budgeted in the 1995
PWTF loan, and required to produce a clean marketable compost will include a
trommel screen (approximately $80,000).
Odor production, bulking agent availability, overall program costs, and end-user
markets are several of the many variables in sustaining a viable composting program.
Staff estimates that composting could reduce overall biosolids program costs, reduce
regulatory oversight, and give the staff tighter control on product quality than our current
program. All of these factors will be carefully monitored and documented during the
pilot project.
BIOSOLIDS MANAGEMENT PLAN UPDATE
Once more information is available, we will begin to update the City's adopted 1993
Biosolids Management Plan. Updating the Biosolids Management Plan appears to be
a task the Division can perform internally. In addition to updating the plan in relation to
current "trial" composting, the EPA 503 (biosolids) regulations are being reviewed for
subsequent phases of national implementation.
Page 2
June 13, 1995
QF/45 R4 ananria
BIOSOLIDS FERTILIZER AGREEMENT
WHEREAS, the City of Yakima operates a Wastewater Treatment Facility
near the City of Yakima which generates solid and semi-solid wastes known as
sludge, which when beneficially used by application as fertilizer to agricultural crops
is called biosolids; and
WHEREAS, Charron Company, Inc. owns and operates farms near Yakima
and desires to utilize the City's biosolids as agricultural fertilizer; and
WHEREAS, the City of Yakima is currently responsible for the beneficial
utilization of its output of biosolids at City expense.
In consideration of the mutual promises contained in this Agreement, the
parties agree as follows:
This Agreement is entered into by and between the City of Yakima
(hereinafter called the City), a first class Washington municipal corporation and
Charron Company, Inc. (hereinafter called Charron).
This Agreement is entered into in this first day of July ,1996.
1) Term. This Agreement shall terminate one year from its effective date
written above. The parties may renew this Agreement by mutual consent for one-
year terms thereafter.
2) Consideration. Charron shall utilize, in a lawful manner, those
quantities of biosolids generated by the City's Waste water Treatment Facility and
designated by the Director of the Department of Engineering & Utilities. Charron
shall receive the benefit of the fertilizer and humus content of such biosolids for
agricultural application and the City need not bear the expense of biosolids
utilization by other means. Neither party shall pay the other any monetary
consideration. Charron may refuse to accept biosolids for any reasonable cause. The
City may contract with other parties for biosolids utilization.
3) Transportation. Either party may transport biosolids to property leased
or owned by Charron in accordance with the terms of the permit in Section 4. In the
event Charron transports City biosolids, their vehicle will be subject to the City's
approval as to health and safety. Such approval shall not be unreasonably withheld
by the City.
4) Biosolids Application. Charron shall apply biosolids solely as crop
fertilizer and soil amendment in accordance with the terms and conditions of a
permit to be issued by the Yakima Health District and Charron shall comply with all
other terms of said permit.
5) Testing. Charron shall allow access to all sites where it applies
biosolids at all reasonable times to City personnel or their designees for the purpose
of carrying on scientific tests. Yakima shall test their biosolids and Charron's soils
and waters according to the terms and conditions of a permit to be issued by the
Yakima Health District. The City makes no guarantees regarding the content or
characteristics of its biosolids. Test results as to the biological and chemical nature of
such biosolids will be made available to Charron by the City at its request.
6) Indemnity. Charron shall defend, indemnify and hold harmless the
City, its officers, agents and employees from any and all claims and damages
resulting from the performance of this contract. Charron assumes the risk of
biosolids application to its land under the terms of this contract. Charron has all
long and short term responsibility for his land including following best farm
management practices which apply to irrigation methods, fertilizer application rates,
and general agricultural practices. Charron accepts all risk of utilization of the
biosolids it receives.
7) Site & Crops. Charron shall have the sole responsibility for the site
upon which it utilizes biosolids. Charron shall grow on such site, only those crops
which are not prohibited by applicable law, permits and regulations.
8) Termination. Either party may terminate this contract on giving the
other sixty (60) days written notice at its address written below.
9) Whole Agreement. This agreement shall constitute the entire
agreement between the parties.
Charron Company, Inc City Manager
11530 Highway 24 City Hall
Moxee, WA 98936 Yakima, WA 98901
By its
/ad-,
(Title),,.,: City Manager
ATTEST:
CITY CONTRACT NO. (- r
/'- �S_7�