Sewer Use Agreements (3)MEMORANDUM
August 12, 2003
TO:
FROM:
SUBJECT:
The Honorable Mayor and City Council Members
Michael C. Van Milligen, City Manager
Industrial Sewer Use Agreements
Water Pollution Control Plant Manager Paul Horsfall recommends City Council approval
of Sewer Use Agreements with three industries in Dubuque; Rousselot (Sanofi Bio
Industries), Swiss Valley Farms and Inland Protein Corporation. The contracts are for a
period of four years and will expire on June 30, 2007.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Mi~n~ge~n~
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Paul J. Horsfall, Water Pollution Control Plant Manager
CITY OF DUBUQUE, IOWA
MEMORANDUM
August 5, 2003
TO: Michael C. Van Milligen, City Mana~r~ ~...-
FROM: Paul J. Horsfall, WPCP Manager~--~-'--~
SUBJECT: Industrial Sewer Use Agreements
INTRODUCTION: The purpose of this memorandum is to ask your review and
approval of the attached Sewer Use Agreements with the three industries in
Dubuque; Rousselot (Sanofi Bio Industries), Swiss Valley Farms and Inland
Protein Corporation.
DISCUSSION; The City previously held long term sewer use agreements with
Rousselot (Sanofi Bio Industries), Swiss Valley Farms and Inland Protein
Corporation. These agreements had expired and negotiations for new
agreements were completed very late in the spring of this year.
Attached are the sewer use agreements that have been negotiated with these
industries. The agreements have been reviewed and signed by the appropriate
individuals from each of the three industries.
The format of the new agreements is not significantly different than that used in
the previous agreements. The main difference is that all industries will now be
treated equally with the same rates and the same diminishing discounts. The
new agreements call for an immediate 8% increase in sewage rates for flow,
CBOD5 and total suspended solids and decreases the discount rate from the
existing 12% to 4% allowing for an approximate 18% increase in sewage rates
over the life of the agreements. The contracts are for a period of four years,
expiring June 30, 2007.
During the negotiation phase, two of the three industries were concerned with the
agreements applicable effluent limitations not allowing them to expand
operations during the life of the agreement. To address these concerns, the
applicable effluent limitations were adjusted upwards based on the industry and
their possible expansion plans. These changes are not significant and still allow
for industrial expansion in Dubuque.
All the contracts incorporate a clause that will allow the City to meet Federal and
State guidelines for participation in funding programs should the need and
opportunity arise. This will allow the City Council, at their discretion, to place
equitable sewer rates for flow, CBOD5 and total suspended solids in the City's
Code of Ordinances at a later date. This will have a minimal impact on the
industrial users should the City Council adapt the equitable rate structure.
RECOMMENDATION: I recommend that we ask the City Council to authorize
you to execute the three Sewer Use Agreements with Rousselot (Sanofi Bio
Industries), Swiss Valley Farms and Inland Protein Corporation at the August 18,
2003 Council meeting.
SEWER USE AGREEMENT
This Agreement is entered into this Ist day of January, 2003, between
Inland Protein Corporation ("Company") and the City of Dubuque, Iowa, ("City") a
municipal corporation.
WHEREAS, City currently has an Iowa Department of Natural Resources
permit to process municipal and industrial wastes and to discharge treated
effluent into a navigable waterway in conformance with said permit; and
WHEREAS, Company owns and operates a plant located at 525 Julien
Dubuque Drive in Dubuque, Iowa, and is desirous of entering into a sewer use
agreement with City.
NOW THEREFORE, the parties do mutually agree as follows:
DEFINITIONS. As used herein, the following terms shall have the
following meaning:
EPA
Environmental Protection Aqency. The U.S. Environ-
mental Protection Agency, or, where appropriate, the
term may also be used as a designation of the
Administrator or other duly authorized of-ficial of said
Agency.
C BOD5
Carbonaceous Biochemical Oxygen Demand
(C BOD). The quantity of oxygen utilized in the
biochemical oxidation of carbonaceous matter under
standard laboratory procedure, measured at 5 days,
20 degrees Celsius, expressed in terms of
concentration (milligrams per liter [mg/I]).
TSS or
Suspended
Solids
Suspended Solids. The total suspended matter
that floats on the surface of or is suspended in
water, wastewater, or other liquids, and which is
removable by laboratory filtering.
Surcharges
Charges to be paid by Company based on hydraulic
loading, BOD, and Suspended Solids that exceed
maximum limits and time frames as set forth herein.
POTVV
Publicly Owned Treatment Works (POTW). City's
treatment works as defined by Section 212 of
Act (33 U.S.C. 1292) including any sewers that
convey wastewater to the treatment plant, but not
including pipes, sewers, or other conveyances not
connected to facility providing treatment. "POTW"
shall include any sewers that convey wastewater to
the POTW from persons outside the corporate
boundaries of City who are, by Agreement with City,
users of City's Wastewater Treatment Facility.
SERVICES PROVIDED BY CITY. City shall provide the required
wastewater collection, treatment, and disposal services to
Company for wastewater discharged to the POTW in volumes and
of the type described in this Agreement.
LIMITATION ON VOLUME AND LOADING. Company has the right
to discharge up to the volumes and loadings described in this
Agreement, but is not required to discharge any minimum volume
or loading.
EFFECT OF REQUIREMENT OF HIGHER DEGREE OF
TREATMENT. If any state or federal regulatory agency requires
City to install a higher degree of treatment to the domestic and
industrial wastewater flow than that contemplated herein, thereby
requiring the making of changes to the POTVV that City determines
are material, it shall give Company wdtten notice of said
requirement and the proposed additional charges to Company for
said higher treatment. Within six months after date of delivery of
said notice, Company may notify City in wdting of its intent to
terminate this Agreement and this Agreement shall be terminated
30 days from the date of Company's notice. If Company does not
give said notice of termination, then this Agreement shall continue
in effect and said proposed additional charges, unless otherwise
agreed to by the parties, shall prevail as to said higher treatment.
COMPANY'S AUTHORITY. Company is hereby authorized to
discharge wastewater from the above-identified facility into the
POTVV in accordance with the effluent limitations, monitoring
requirements and other conditions set forth in this Agreement.
TERM OF AGREEMENT. The term of this Agreement shall
commence on January 1, 2003, and terminate on June 30, 2007.
CHARGES. The following charges shall apply:
(a) Sewer use rates in Section 44-83 of the City of Dubuque
Code of Ordinances shall be the basis for the discounts
indicated below. In the absence of sewer use rates for
flow, CBOD5 and Total Suspended Solids, the following
rates shall be used for all wastes discharged by Company
until such time as sewer use rates are otherwise established
in Section 44-83 of the City of Dubuque Code of Ordinances:
Flow - $.282/100CF
CBOD5 - $180.48/1000 lbs.
Total Suspended Solids - $242.44/1000 lbs.
(b)
All charges associated with industrial pretreatment sampling
shall be additional charges in accordance with Section
44-103 of the City of Dubuque Code of Ordinances.
Discounts shall not be applicable to industrial pretreatment
sampling charges.
(c)
The following discounts shall be given the charges for Flow,
CBOD5, and Total Suspended Solids when City determines
that the limits found in Company's Industrial Pretreatment
Permit are met:
January 1, 2003 through June 30, 2004 12%
July 1, 2004 through June 30, 2005 8%
July 1,2005 through June 30, 2006 4%
July 1,2006 through June 30, 2007 4%
(d)
Discounts shown in Section 7(c) will not apply on amounts
above the "Maximum Daily" or the Monthly Maximum"
limits found in Section 8.
(e)
Invoices shall be issued by City to Company on the 15th day
of each month for the prior month's service.
(0
Invoices shall be payable by Company not later than 15 days
after the date of issuance.
APPLICABLE EFFLUENT LIMITATIONS. Wastewater discharged
by Company to the POTW shall not exceed the following amounts
as found in Company's Industrial Pretreatment Permit with City:
PARAMETER MONTHLY MAXIMUM MAXIMUM DAILY
Flow
C BOD5
TSS
10.00 Million Gallons
78,000 Pounds
78,000 Pounds
500,000 Gallons
5,000 Pounds
4,000 Pounds
10.
EXCESS DISCHARGES & CHARGES. The rates set forth herein
shall be effective upon the commencement of the term of this
Agreement. If waste treatment problems occur as a result of
Company's discharge exceeding the daily maximum of 500,000
gallons, 5,000 pounds of C BOD5 or 4,000 pounds of TSS, or as
a result of a change in either state or federal regulations, then City
and Company agree to jointly work to resolve such problems as
quickly as practical.
(a)
When the analyses or meters show that any limit specified
herein has been exceeded, city shall so notify Company in
writing. Company shall have ten working days after receipt
of such notice to reduce the limits. If the limits are met
during the ten day pedod, no further action shall be taken by
city.
(b)
A sumharge shall be imposed for discharges which fall
outside the pH range of 5.5 to 12.0 as set forth in Section
44-102(3) of the City of Dubuque Code of Ordinances.
Surcharge rates shall be $100.00 per day in which one or
more grab(s) or composite sample(s) is (are) found to be
outside the range.
METERING, MONITORING AND REPORTING REQUIREMENTS
(a)
Company shall provide for City to operate at Company's
expense, monitoring facilities to allow inspection, sampling
and flow measurement of Company's wastewater discharge.
(b)
Monitoring facilities provided by Company shall meet
specifications developed by City. Company shall allow City
continuous access to any monitoring facilities located on
Company property.
(c)
Monitoring results obtained on a daily/weekly basis and/or
on a monthly basis shall be reported by City to Company no
later than the 15th of the following month. Monitoring reports
prepared by Company shall be signed by a Company
principal executive officer or the officer's designee.
(d)
Testing to determine compliance with the limits set forth
herein may be done by City's representatives an any time.
Company agrees that it will cooperate in making any
necessary arrangements. Sampling and analytical
frequencies shall be determined by City and accomplished
by City's representatives. All samples taken by City will be
divided with Company, if requested by Company.
(e)
City's Water Pollution Control Plant Manager shall make an
initial determination of any questions relative to results of the
sampling and testing. If Company does not agree with any
such determination, it shall notify City's Water Pollution
Control Plant in writing not less than fifteen (15) days
following receipt of notification.
(f)
When noncompliance is determined by City's Water
Pollution Control Plant Manager, and there is no
written request by Company under (e), Company agrees
that the results of sampling and testing by City shall be
final for the determination of sewer use charges.
(g)
If Company does not accept City's testing results, on
wdtten request by Company, City shall submit samples to
the University of Iowa Hygienic Laboratory for testing. No
more than twelve sampling and testing week periods shall
be conducted each year.
(h)
All charges associated with independent testing shall be at
Company's expense.
(i)
The methods and procedures for determining the extent of
noncompliance shall, insofar as they are consistent with
the purpose of this paragraph, be those set forth above.
The results of any current sampling and testing period by
City shall govern the extent of charges until the results of
the next sampling and testing, subject to appropriate refunds
after final resolution of any dispute.
11.
GENERAL DISCHARGE PROHIBITIONS. Company agrees to comply
with the provisions set forth in City's Industrial Pretreatment Program in
Ch. 44, Division 6 of the City of Dubuque Code of Ordinances, and as
may be amended during the term of this Agreement.
12.
LIABILITY LIMITATIONS. It is not contemplated that there will be any
interruption to sanitary sewer service as herein contracted for, but
if for any reason, including but not limited to court order, or physical
13.
14.
15.
16.
17.
conditions beyond the control of City; City is unable to fumish the services
herein mentioned, City shall not be liable for damages or loss by Company
because of breakdown or failure of said sewer system and treatment
plant. If City notifies Company that it cannot for any reason accept the
volume contemplated herein, City shall reduce the monthly charges in
direct proportion that the reduced volume bears to volumes contemplated
by this Agreement. Such interruption of service is limited to one
produced by non-permanent type of condition or situation and does not
contemplate the right of the City to voluntarily abandon or curtail the
service.
FAILURE TO PAY-TERMINATION OF SERVICE. In the event of the
failure of Company to pay any amount due under this Agreement within
30 days after the due date, or in the event of any other breach of any of
the terms of this Agreement by Company which is not corrected within
90 days from the date of written notice of such breach by City, City may,
at its option, terminate service to Company and/or enforce the provisions
hereof by any legal means.
COMPLIANCE WITH GOVERNMENTAL LAWS. Company shall in the
performance of this Agreement comply with all applicable federal, state
and local laws.
EXCLUSIVENESS. This Agreement contains the entire agreement
between the parties and supersedes any prior understandings or
agreement between them respecting the subject matter. There are no
representations, arrangements, understandings or agreements, omi or
written between the parties hereto relating to the subject matter of this
Agreement except those fully expressed in this Agreement.
ASSIGNMENT OF AGREEMENT. Company may not assign this
Agreement without the prior written consent of City. Company
acknowledges and agrees that City, in its sole discretion and for any
reason, may refuse to grant consent to such assignment. Merger of
Company with another corporation, sale of the majority of the stock
of Company to any other corporation, or consolidation, shall be deemed
an assignment for the purposes of this section.
PARAGRAPH HEADINGS. The use of paragraph headings is for
convenience only and such headings do not add to or detract from the
content of the paragraphs themselves.
IN WITNESS WHEREOF, the parties have caused this instrument to be
executed on day and year as written below.
Attest:
CITY OF DUBUQUE, IOWA
By:
Jeanne F. Schneider, City Clerk Michael C. Van Milligen, City Manager
Date:
Attest:
INLAND PROTEIN CORPORATION
By:
Date:
SEWER USE AGREEMENT
This Agreement is entered into this Ist day of January, 2003, between
Inland Protein Corporation ("Company") and the City of Dubuque, Iowa, ("City") a
municipal corporation.
WHEREAS, City currently has an Iowa Department of Natural Resources
permit to process municipal and industrial wastes and to discharge treated
effluent into a navigable waterway in conformance with said permit; and
WHEREAS, Company owns and operates a plant located at 525 Julien
Dubuque Drive in Dubuque, Iowa, and is desirous of entering into a sewer use
agreement with City.
NOW THEREFORE, the parties do mutually agree as follows:
DEFINITIONS. As used herein, the following terms shall have the
following meaning:
EPA
Environmental Protection Aqency. The U.S. Environ-
mental Protection Agency, or, where appropriate, the
term may also be used as a designation of the
Administrator or other duly authorized official of said
Agency.
C BOD5
Carbonaceous Biochemical Oxygen Demand
(C BCD). The quantity of oxygen utilized in the
biochemical oxidation of carbonaceous matter under
standard laboratory procedure, measured at 5 days,
20 degrees Celsius, expressed in terms of
concentration (milligrams per liter [mg/I]).
TSS or
Suspended
Solids
Suspended Solids. The total suspended matter
that floats on the surface of or is suspended in
water, wastewater, or other liquids, and which is
removable by laboratory filtering.
Surcharges
Charges to be paid by Company based on hydraulic
loading, BCD, and Suspended Solids that exceed
maximum limits and time frames as set forth herein.
POTVV
Publicly Owned Treatment Works (POTW). City's
treatment works as defined by Section 212 of
Act (33 U.S.C. 1292) including any sewers that
convey wastewater to the treatment plant, but not
including pipes, sewers, or other conveyances not
connected to facility providing treatment. "POTVV"
shall include any sewers that convey wastewater to
the POTVV from persons outside the corporate
boundaries of City who are, by Agreement with City,
users of City's Wastewater Treatment Facility.
SERVICES PROVIDED BY CITY. City shall provide the required
wastewater collection, treatment, and disposal services to
Company for wastewater discharged to the POTVV in volumes and
of the type described in this Agreement.
LIMITATION ON VOLUME AND LOADING. Company has the right
to discharge up to the volumes and loadings described in this
Agreement, but is not required to discharge any minimum volume
or loading.
EFFECT OF REQUIREMENT OF HIGHER DEGREE OF
TREATMENT. If any state or federal regulatory agency requires
City to install a higher degree of treatment to the domestic and
industrial wastewater flow than that contemplated herein, thereby
requiring the making of changes to the POTVV that City determines
are material, it shall give Company written notice of said
requirement and the proposed additional charges to Company for
said higher treatment. Within six months after date of delivery of
said notice, Company may notify City in wdting of its intent to
terminate this Agreement and this Agreement shall be terminated
30 days from the date of Company's notice. If Company does not
give said notice of termination, then this Agreement shall continue
in effect and said proposed additional charges, unless otherwise
agreed to by the parties, shall prevail as to said higher treatment.
COMPANY'S AUTHORITY. Company is hereby authorized to
discharge wastewater from the above-identified facility into the
POTW in accordance with the effluent limitations, monitoring
requirements and other conditions set forth in this Agreement.
TERM OF AGREEMENT. The term of this Agreement shall
commence on January 1,2003, and terminate on June 30, 2007.
CHARGES. The following charges shall apply:
(a) Sewer use rates in Section 44-83 of the City of Dubuque
Code of Ordinances shall be the basis for the discounts
indicated below. In the absence of sewer use rates for
flow, CBOD5 and Total Suspended Solids, the following
rates shall be used for all wastes discharged by Company
until such time as sewer use rates are otherwise established
in Section 44-83 of the City of Dubuque Code of Ordinances:
Flow - $.282/100CF
CBOD5 - $180.48/1000 lbs.
Total Suspended Solids - $242.44/1000 lbs.
(b)
All charges associated with industrial pretreatment sampling
shall be additional charges in accordance with Section
44-103 of the City of Dubuque Code of Ordinances.
Discounts shall not be applicable to industrial pretreatment
sampling charges.
(c)
The following discounts shall be given the charges for Flow,
CBOD5, and Total Suspended Solids when City determines
that the limits found in Company's Industrial Pretreatment
Permit are met:
January 1, 2003 through June 30, 2004 12%
July 1, 2004 through June 30, 2005 8%
July 1, 2005 through June 30, 2006 4%
July 1, 2006 through June 30, 2007 4%
(d)
Discounts shown in Section 7(c) will not apply on amounts
above the "Maximum Daily" or the Monthly Maximum"
limits found in Section 8.
(e)
Invoices shall be issued by City to Company on the 15th day
of each month for the prior month's service.
(0
Invoices shall be payable by Company not later than 15 days
after the date of issuance.
APPLICABLE EFFLUENT LIMITATIONS. Wastewater discharged
by Company to the POTW shall not exceed the following amounts
as found in Company's Industrial Pretreatment Permit with City:
PARAMETER MONTHLY MAXIMUM MAXIMUM DALLY
Flow 10.00 Million Gallons 500,000 Gallons
C BOD5 78,000 Pounds 5,000 Pounds
TSS 78,000 Pounds 4,000 Pounds
10.
EXCESS DISCHARGES & CHARGES. The rates set forth herein
shall be effective upon the commencement of the term of this
Agreement. If waste treatment problems occur as a result of
Company's discharge exceeding the daily maximum of 500,000
gallons, 5,000 pounds of C BOD5 or 4,000 pounds of TSS, or as
a result of a change in either state or federal regulations, then City
and Company agree to jointly work to resolve such problems as
quickly as practical.
(a)
When the analyses or meters show that any limit specified
herein has been exceeded, city shall so notify Company in
writing. Company shall have ten working days after receipt
of such notice to reduce the limits. If the limits are met
during the ten day period, no further action shall be taken by
city.
(b)
A surcharge shall be imposed for discharges which fall
outside the pH range of 5.5 to 12.0 as set forth in Section
44-102(3) of the City of Dubuque Code of Ordinances.
Surcharge rates shall be $100.00 per day in which one or
more grab(s) or composite sample(s) is (are) found to be
outside the range.
METERING, MONITORING AND REPORTING REQUIREMENTS
(a)
Company shall provide for City to operate at Company's
expense, monitoring facilities to allow inspection, sampling
and flow measurement of Company's wastewater discharge.
(b)
Monitoring facilities provided by Company shall meet
specifications developed by City. Company shall allow City
continuous access to any monitoring facilities located on
Company property.
(c)
Monitoring results obtained on a daily/weekly basis and/or
on a monthly basis shall be reported by City to Company no
later than the 15th of the following month. Monitoring reports
prepared by Company shall be signed by a Company
principal executive officer or the officer's designee.
(d)
Testing to determine compliance with the limits set forth
herein may be done by City's representatives an any time.
Company agrees that it will cooperate in making any
necessary arrangements. Sampling and analytical
13.
14.
15.
16.
17.
conditions beyond the control of City; City is unable to furnish the services
herein mentioned, City shall not be liable for damages or loss by Company
because of breakdown or failure of said sewer system and treatment
plant. If City notifies Company that it cannot for any reason accept the
volume contemplated herein, City shall reduce the monthly charges in
direct proportion that the reduced volume bears to volumes contemplated
by this Agreement. Such interruption of service is limited to one
produced by non-permanent type of condition or situation and does not
contemplate the right of the City to voluntarily abandon or curtail the
service.
FAILURE TO PAY- TERMINATION OF SERVICE. In the event of the
failure of Company to pay any amount due under this Agreement within
30 days after the due date, or in the event of any other breach of any of
the terms of this Agreement by Company which is not corrected within
90 days from the date of written notice of such breach by City, City may,
at its option, terminate service to Company and/or enforce the provisions
hereof by any legal means.
COMPLIANCE WITH GOVERNMENTAL LAWS. Company shall in the
performance of this Agreement comply with all applicable federal, state
and local laws.
EXCLUSIVENESS. This Agreement contains the entire agreement
between the parties and supersedes any prior understandings or
agreement between them respecting the subject matter. There are no
representations, arrangements, understandings or agreements, oral or
written between the parties hereto relating to the subject matter of this
Agreement except those fully expressed in this Agreement.
ASSIGNMENT OF AGREEMENT. Company may not assign this
Agreement without the prior written consent of City. Company
acknowledges and agrees that City, in its sole discretion and for any
reason, may refuse to grant consent to such assignment. Merger of
Company with another corporation, sale of the majority of the stock
of Company to any other corporation, or consolidation, shall be deemed
an assignment for the purposes of this section.
PARAGRAPH HEADINGS. The use of paragraph headings is for
convenience only and such headings do not add to or detract from the
content of the paragraphs themselves.
frequencies shall be determined by City and accomplished
by City's representatives. All samples taken by City will be
divided with Company, if requested by Company.
(e)
City's Water Pollution Control Plant Manager shall make an
initial determination of any questions relative to results of the
sampling and testing. If Company does not agree with any
such determination, it shall notify City's Water Pollution
Control Plant in writing not less than fifteen (15) days
following receipt of notification.
(f)
When noncompliance is determined by City's Water
Pollution Control Plant Manager, and there is no
wdtten request by Company under (e), Company agrees
that the results of sampling and testing by City shall be
final for the determination of sewer use charges.
(g)
If Company does not accept City's testing results, on
wdtten request by Company, City shall submit samples to
the University of Iowa Hygienic Laboratory for testing. No
more than twelve sampling and testing week periods shall
be conducted each year.
(h)
All charges associated with independent testing shall be at
Company's expense.
(i)
The methods and procedures for determining the extent of
noncompliance shall, insofar as they are consistent with
the purpose of this paragraph, be those set forth above.
The results of any current sampling and testing period by
City shall govern the extent of charges until the results of
the next sampling and testing, subject to appropriate refunds
after final resolution of any dispute.
11.
GENERAL DISCHARGE PROHIBITIONS. Company agrees to comply
with the provisions set forth in City's Industrial Pretreatment Program in
Ch. 44, Division 6 of the City of Dubuque Code of Ordinances, and as
may be amended during the term of this Agreement.
12.
LIABILITY LIMITATIONS. It is not contemplated that there will be any
interruption to sanitary sewer service as herein contracted for, but
if for any reason, including but not limited to court order, or physical
IN WITNESS WHEREOF, the parties have caused this instrument to be
executed on day and year as written below.
Attest:
CITY OF DUBUQUE, IOWA
By:
Jeanne F. Schneider, City Clerk Michael C. Van Milligen, City Manager
Date:
Attest:
INLAND PROTEIN CORPORATION
SEWER USE AGREEMENT
This Agreement is entered into this Ist day of January, 2003, between
ROUSSELOT ("Company") and the City of Dubuque, Iowa, ("City") a municipal
corporation.
WHEREAS, City currently has an Iowa Department of Natural Resources
permit to process municipal and industrial wastes and to discharge treatbd
effluent into a navigable waterway in conformance with said permit; and
WHEREAS, Company owns and operates a plant located at 2350 Kerper
Boulevard in Dubuque, Iowa, and is desirous of entering into a sewer use
agreement with City.
NOW THEREFORE, the parties do mutually agree as follows:
DEFINITIONS. As used herein, the following terms shall have the
following meaning:
EPA
Environmental Protection A,qency. The U.S. Environ-
mental Protection Agency, or, where appropriate, the
term may also be used as a designation of the
Administrator or other duly authorized official of said
Agency.
C BOD5
Carbonaceous Biochemical Oxygen Demand
(C BOD). The quantity of oxygen utilized in the
biochemical oxidation of carbonaceous matter under
standard laboratory procedure, measured at 5 days,
20 degrees Celsius, expressed in terms of
concentration (milligrams per liter [mg/I]).
TSS or
Suspended
Solids
Suspended Solids. The total suspended matter
that floats on the surface of or is suspended in
water, wastewater, or other liquids, and which is
removable by laboratory filtering.
Surcharges
Charges to be paid by Company based on hydraulic
loading, BOD, and Suspended Solids that exceed
maximum limits and time frames as set forth herein.
POTVV
Publicly Owned Treatment Works (POTW}. City's
treatment works as defined by Section 212 of
Act (33 U.S.C. 1292) including any sewers that
convey wastewater to the treatment plant, but not
including pipes, sewers, or other conveyances not
connected to facility providing treatment. "POTW"
shall include any sewers that convey wastewater to
the POTW from persons outside the corporate
boundaries of City who are, by Agreement with City,
users of City's Wastewater Treatment Facility.
SERVICES PROVIDED BY CITY. City shall provide the required
wastewater collection, treatment, and disposal services to
Company for wastewater discharged to the POTW in volumes and
of the type described in this Agreement.
LIMITATION ON VOLUME AND LOADING. Company has the right
to discharge up to the volumes and loadings described in this
Agreement, but is not required to discharge any minimum volume
or loading.
· EFFECT OF REQUIREMENT OF HIGHER DEGREE OF
TREATMENT. If any state or federal regulatory agency requires
City to install a higher degree of treatment to the domestic and
industrial wastewater flow than that contemplated herein, thereby
requiring the making of changes to the POTW that City determines
are material, it shall give Company written notice of said
requirement and the proposed additional charges to Company for
said higher treatment. Within six months after date of delivery of
said notice, Company may notify City in writing of its intent to
terminate this Agreement and this Agreement shall be terminated
30 days from the date of Company's notice. If Company does not
give said notice of termination, then this Agreement shall continue
in effect and said proposed additional charges, unless otherwise
agreed to by the parties, shall prevail as to said higher treatment.
COMPANY'S AUTHORITY. Company is hereby authorized to
discharge wastewater from the above-identified facility into the
POTW in accordance with the effluent limitations, monitoring
requirements and other conditions set forth in this Agreement.
TERM OF AGREEMENT. The term of this Agreement shall
commence on January 1, 2003, and terminate on June 30, 2007.
CHARGES. The following charges shall apply:
(a) Sewer use rates in Section 44-83 of the City of Dubuque
Code of Ordinances shall be the basis for the discounts
indicated below. In the absence of sewer use rates for
flow, CBOD5 and Total Suspended Solids, the following
rates shall be used for all wastes discharged by Company
until such time as sewer use rates are otherwise established
in Section 44-83 of the City of Dubuque Code of Ordinances:
Flow - $.282/100CF
CBOD5 - $180.48/1000 lbs.
Total Suspended Solids - $242.44/1000 lbs.
(b)
All charges associated with industrial pretreatment sampling
shall be additional charges in accordance with Section
44-103 of the City of Dubuque Code of Ordinances.
Discounts shall not be applicable to industrial pretreatment
sampling charges.
(c)
The following discounts shall be given the charges for Flow,
CBOD5, and Total Suspended Solids when City determines
that the limits found in Company's Industrial Pretreatment
Permit are met:
January 1, 2003 through June 30, 2004 12%
July 1,2004 through June 30, 2005 8%
July 1, 2005 through June 30, 2006 4%
July 1, 2006 through June 30, 2007 4%
(d)
Discounts shown in Section 7(c) will not apply on amounts
above the "Maximum Daily" or the Monthly Maximum"
limits found in Section 8.
(e)
Invoices shall be issued by City to Company on the 15th day
of each month for the prior month's service.
(f)
Invoices shall be payable by Company not later than 15 days
after the date of issuance.
APPLICABLE EFFLUENT LIMITATIONS. Wastewater discharged
by Company to the POTVV shall not exceed the following amounts
as found in Company's Industrial Pretreatment Permit with City:
PARAMETER MONTHLY MAXIMUM MAXIMUM DALLY
Flow
C BOD5
TSS
18.00 Million Gallons
180,000 Pounds
165,000 Pounds
800,000 Gallons
9,000 Pounds
8,000 Pounds
10.
EXCESS DISCHARGES & CHARGES. The rates set forth herein
shall be effective upon the commencement of the term of this
Agreement. If waste treatment problems occur as a result of
Company's discharge exceeding the daily maximum of 800,000
gallons, 9,000 pounds of C BCD5 or 8,000 pounds of TSS, or as
a result of a change in either state or federal regulations, then City
and Company agree to jointly work to resolve such problems as
quickly as practical.
(a)
When the analyses or meters show that any limit specified
herein has been exceeded, city shall so notify Company in
writing. Company shall have ten working days after receipt
of such notice to reduce the limits. If the limits are met
during the ten day pedod, no fur[her action shall be taken by
City.
(b)
A surcharge shall be imposed for discharges which fall
outside the pH range of 5.5 to 12.0 as set forth in Section
44-102(3) of the City of Dubuque Code of Ordinances.
Surcharge rates shall be $100.00 per day in which one or
more grab(s) or composite sample(s) is (are) found to be
outside the range.
METERING, MONITORING AND REPORTING REQUIREMENTS
(a)
Company shall provide for City to operate at Company's
expense, monitoring facilities to allow inspection, sampling
and flow measurement of Company's wastewater discharge.
(b)
Monitoring facilities provided by Company shall meet
specifications developed by City. Company shall allow City
continuous access to any monitoring facilities located on
Company property.
(c)
Monitoring results obtained on a daily/weekly basis and/or
on a monthly basis shall be reported by City to Company no
later than the 15th of the following month. Monitoring reports
prepared by Company shall be signed by a Company
principal executive officer or the officer's designee.
(d)
Testing to determine compliance with the limits set forth
herein may be done by City's representatives an any time.
Company agrees that it will cooperate in making any
necessary arrangements. Sampling and analytical
11.
12.
frequencies shall be determined by City and accomplished
by City's representatives. All samples taken by City will be
divided with Company, if requested by Company.
(e)
City's Water Pollution Control Plant Manager shall make an
initial determination of any questions relative to results of the
sampling and testing. If Company does not agree with any
such determination, it shall notify City's Water Pollution
Control Plant in wdting not less than fifteen (15) days
following receipt of notification.
When noncompliance is determined by City's Water
Pollution Control Plant Manager, and there is no
written request by Company under (e), Company agrees
that the results of sampling and testing by City shall be
final for the determination of sewer use charges.
(g)
If Company does not accept City's testing results, on
written request by Company, City shall submit samples to
the University of Iowa Hygienic Laboratory for testing. No
more than twelve sampling and testing week periods shall
be conducted each year.
(h)
All charges associated with independent testing shall be at
Company's expense.
(i)
The methods and procedures for determining the extent of
noncompliance shall, insofar as they are consistent with
the purpose of this paragraph, be those set forth above.
The results of any currant sampling and testing period by
City shall govern the extent of charges until the results of
the next sampling and testing, subject to appropriate refunds
after final resolution of any dispute.
GENERAL DISCHARGE PROHIBITIONS. Company agrees to comply
with the provisions set forth in City's Industrial Pretreatment Program in
Ch. 44, Division 6 of the City of Dubuque Code of Ordinances, and as
may be amended dudng the term of this Agreement.
LIABILITY LIMITATIONS. It is not contemplated that there will be any
interruption to sanitary sewer service as herein contracted for, but
if for any reason, including but not limited to court order, or physical
13.
14.
15.
16.
17.
conditions beyond the control of City; City is unable to furnish the services
herein mentioned, City shall not be liable for damages or loss by Company
because of breakdown or failure of said sewer system and treatment
plant. If City notifies Company that it cannot for any reason accept the
volume contemplated herein, City shall reduce the monthly charges in
direct proportion that the reduced volume bears to volumes contemplated
by this Agreement. Such interruption of service is limited to one
produced by non-permanent type of condition or situation and does not
contemplate the right of the City to voluntarily abandon or curtail the
service.
FAILURE TO PAY-TERMINATION OF SERVICE. In the event of the
failure of Company to pay any amount due under this Agreement within
30 days after the due date, or in the event of any other breach of any of
the terms of this Agreement by Company which is not corrected within
90 days from the date of written notice of such breach by City, City may,
at its option, terminate service to Company and/or enforce the provisions
hereof by any legal means.
COMPLIANCE WITH GOVERNMENTAL LAWS. Company shall in the
performance of this Agreement comply with all applicable federal, state
and local laws.
EXCLUSIVENESS. This Agreement contains the entire agreement
between the parties and supersedes any prior understandings or
agreement between them respecting the subject matter. There are no
representations, arrangements, understandings or agreements, oral or
written between the parties hereto relating to the subject matter of this
Agreement except those fully expressed in this Agreement.
ASSIGNMENT OF AGREEMENT. Company may not assign this
Agreement without the prior written consent of City. Company
acknowledges and agrees that City, in its sole discretion and for any
reason, may refuse to grant consent to such assignment. Merger of
Company with another corporation, sale of the majority of the stock
of Company to any other corporation, or consolidation, shall be deemed
an assignment for the purposes of this section.
PARAGRAPH HEADINGS. The use of paragraph headings is for
convenience only and such headings do not add to or detract from the
content of the paragraphs themselves.
IN WITNESS WHEREOF, the par[les have caused this instrument to be
executed on day and year as wdtten below.
Attest:
CITY OF DUBUQUE, IOWA
By:
Jeanne F. Schneider, City Clerk Michael C. Van Milligen, City Manager
Date:
Attest:
ROUSSELOT/~
By:
Date:
SEWER USE AGREEMENT
This Agreement is entered into this Ist day of January, 2003, between
ROUSSELOT ("Company") and the City of Dubuque, iowa, (',City") a municipal
corporation.
WHEREAS, City currently has an Iowa Department of Natural Resources
permit to process municipal and industrial wastes and to discharge treated
effluent into a navigable waterway in conformance with said permit; and
WHEREAS, Company owns and operates a plant located at 2350 Kerper
Boulevard in Dubuque, iowa, and is desirous of entering into a sewer use
agreement with City.
NOW THEREFORE, the parties do mutually agree as follows:
DEFINITIONS. As used herein, the following terms shall have the
following meaning:
EPA
Environmental Protection Aqency. The U.S. Environ-
mental Protection Agency, or, where appropriate, the
term may also be used as a designation of the
Administrator or other duly authorized official of said
Agency.
C BOD5
Carbonaceous Biochemical Oxygen Demand
(C BOD). The quantity of oxygen utilized in the
biochemical oxidation of carbonaceous matter under
standard laboratory procedure, measured at 5 days,
20 degrees Celsius, expressed in terms of
concentration (milligrams per liter [mg/I]).
TSS or
Suspended
Solids
Suspended Solids. The total suspended matter
that floats on the surface of or is suspended in
water, wastewater, or other liquids, and which is
removable by laboratory filtering.
Surcharges
Charges to be paid by Company based on hydraulic
loading, BOD, and Suspended Solids that exceed
maximum limits and time frames as set forth herein.
POTVV
Publicly Owned Treatment Works (POTW). City's
treatment works as defined by Section 212 of
Act (33 U,S.C. 1292) including any sewers that
convey wastewater to the treatment plant, but not
including pipes, sewers, or other conveyances not
connected to facility providing treatment. "PO'lAN"
shall include any sewers that convey wastewater to
the PO-I-VV from persons outside the corporate
boundaries of City who are, by Agreement with City,
users of City's Wastewater Treatment Facility.
SERVICES PROVIDED BY CITY. City shall provide the required
wastewater collection, treatment, and disposal services to
Company for wastewater discharged to the POTVV in volumes and
of the type described in this Agreement.
LIMITATION ON VOLUME AND LOADING. Company has the right
to discharge up to the volumes and loadings described in this
Agreement, but is not required to discharge any minimum volume
or loading.
EFFECT OF REQUIREMENT OF HIGHER DEGREE OF
TREATMENT. If any state or federal regulatory agency requires
City to install a higher degree of treatment to the domestic and
industrial wastewater flow than that contemplated herein, thereby
requiring the making of changes to the POTVV that City determines
are material, it shall give Company written notice of said
requirement and the proposed additional charges to Company for
said higher treatment. Within six months after date of delivery of
said notice, Company may notify City in writing of its intent to
terminate this Agreement and this Agreement shall be terminated
30 days from the date of Company's notice. If Company does not
give said notice of termination, then this Agreement shall continue
in effect and said proposed additional charges, unless otherwise
agreed to by the parties, shall prevail as to said higher treatment.
COMPANY'S AUTHORITY. Company is hereby authorized to
discharge wastewater from the above-identified facility into the
POTVV in accordance with the effluent limitations, monitoring
requirements and other conditions set forth in this Agreement.
TERM OF AGREEMENT. The term of this Agreement shall
commence on January 1, 2003, and terminate on June 30, 2007.
CHARGES. The following charges shall apply:
(a) Sewer use rates in Section 44-83 of the City of Dubuque
Code of Ordinances shall be the basis for the discounts
(b)
(c)
indicated below. In the absence of sewer use rates for
flow, CBOD5 and Total Suspended Solids, the following
rates shall be used for all wastes discharged by Company
until such time as sewer use rates are otherwise established
in Section 44-83 of the City of Dubuque Code of Ordinances:
Flow - $.282/100CF
CBOD5 - $180.48/1000 lbs.
Total Suspended Solids - $242.44/1000 lbs.
All charges associated with industrial pretreatment sampling
shall be additional charges in accordance with Section
44-103 of the City of Dubuque Code of Ordinances.
Discounts shall not be applicable to industrial pretreatment
sampling charges.
The following discounts shall be given the charges for Flow,
CBOD5, and Total Suspended Solids when City determines
that the limits found in Company's Industrial Pretreatment
Permit are met:
January 1, 2003 through June 30, 2004 12%
July 1, 2004 through June 30, 2005 8%
July 1, 2005 through June 30, 2006 4%
July 1, 2006 through June 30, 2007 4%
(d)
Discounts shown in Section 7(c) will not apply on amounts
above the "Maximum Daily" or the Monthly Maximum"
limits found in Section 8.
(e)
Invoices shall be issued by City to Company on the 15m day
of each month for the prior month's service.
(f)
Invoices shall be payable by Company not later than 15 days
after the date of issuance.
APPLICABLE EFFLUENT LIMITATIONS. Wastewater discharged
by Company to the POTW shall not exceed the following amounts
as found in Company's Industrial Pretreatment Permit with City:
PARAMETER MONTHLY MAXIMUM MAXIMUM DALLY
Flow 18.00 Million Gallons 800,000 Gallons
C BOD5 180,000 Pounds 9,000 Pounds
TSS 165,000 Pounds 8,000 Pounds
10.
EXCESS DISCHARGES & CHARGES. The rates set forth herein
shall be effective upon the commencement of the term of this
Agreement. If waste treatment problems occur as a result of
Company's discharge exceeding the daily maximum of 800,000
gallons, 9,000 pounds of C BOD5 or 8,000 pounds of TSS, or as
a result of a change in either state or federal regulations, then City
and Company agree to jointly work to resolve such problems as
quickly as practical
(a)
When the analyses or meters show that any limit specified
herein has been exceeded, city shall so notify Company in
writing. Company shall have ten working days after receipt
of such notice to reduce the limits. If the limits are met
during the ten day period, no further action shall be taken by
city.
(b)
A surcharge shall be imposed for discharges which fall
outside the pH range of 5.5 to 12.0 as set forth in Section
44-102(3) of the City of Dubuque Code of Ordinances.
Surcharge rates shall be $100.00 per day in which one or
more grab(s) or composite sample(s) is (are) found to be
outside the range.
METERING, MONITORING AND REPORTING REQUIREMENTS
(a)
Company shall provide for City to operate at Company's
expense, monitoring facilities to allow inspection, sampling
and flow measurement of Company's wastawater discharge.
(b)
Monitoring facilities provided by Company shall meet
specifications developed by City. Company shall allow City
continuous access to any monitoring facilities located on
Company property.
(c)
Monitoring results obtained on a daily/weekly basis and/or
on a monthly basis shall be reported by City to Company no
later than the 15th of the following month. Monitoring reports
prepared by Company shall be signed by a Company
principal executive officer or the officer's designee.
(d)
Testing to determine compliance with the limits set forth
herein may be done by City's representatives an any time.
Company agrees that it will cooperate in making any
necessary arrangements. Sampling and analytical
11.
12.
frequencies shall be determined by City and accomplished
by City's representatives. All samples taken by City will be
divided with Company, if requested by Company.
(e)
City's Water Pollution Control Plant Manager shall make an
initial determination of any questions relative to results of the
sampling and testing. If Company does not agree with any
such determination, it shall notify City's Water Pollution
Control Plant in writing not less than fifteen (15) days
following receipt of notification.
(f)
When noncompliance is determined by City's Water
Pollution Control Plant Manager, and there is no
written request by Company under (e), Company agrees
that the results of sampling and testing by City shall be
final for the determination of sewer use charges.
(g)
If Company does not accept City's testing results, on
written request by Company, City shall submit samples to
the University of Iowa Hygienic Laboratory for testing. No
more than twelve sampling and testing week periods shall
be conducted each year.
(h)
All charges associated with independent testing shall be at
Company's expense.
(i)
The methods and procedures for determining the extent of
noncompliance shall, insofar as they are consistent with
the purpose of this paragraph, be those set forth above.
The results of any current sampling and testing period by
City shall govern the extent of charges until the results of
the next sampling and testing, subject to appropriate refunds
after final resolution of any dispute.
GENERAL DISCHARGE PROHIBITIONS. Company agrees to comply
with the provisions set forth in City's Industrial Pretreatment Program in
Ch. 44, Division 6 of the City of Dubuque Code of Ordinances, and as
may be amended dudng the term of this Agreement.
LIABILITY LIMITATIONS. It is not contemplated that there will be any
interruption to sanitary sewer service as herein contracted for, but
if for any reason, including but not limited to court order, or physical
13.
14.
15.
16.
17.
conditions beyond the control of City; City is unable to furnish the services
herein mentioned, City shall not be liable for damages or loss by Company
because of breakdown or failure of said sewer system and treatment
plant. If City notifies Company that it cannot for any reason accept the
volume contemplated herein, City shall reduce the monthly charges in
direct proportion that the reduced volume bears to volumes contemplated
by this Agreement. Such interruption of service is limited to one
produced by non-permanent type of condition or situation and does not
contemplate the right of the City to voluntarily abandon or curtail the
service.
FAILURE TO PAY-TERMINATION OF SERVICE. In the event of the
failure of Company to pay any amount due under this Agreement within
30 days after the due date, or in the event of any other breach of any of
the terms of this Agreement by Company which is not corrected within
90 days from the date of wdtten notice of such breach by City, City may,
at its option, terminate service to Company and/or enforce the provisions
hereof by any legal means.
COMPLIANCE WITH GOVERNMENTAL LAWS. Company shall in the
performance of this Agreement comply with all applicable federal, state
and local laws.
EXCLUSIVENESS. This Agreement contains the entire agreement
between the parties and supersedes any prior understandings or
agreement between them respecting the subject matter. There are no
representations, arrangements, understandings or agreements, oral or
written between the parties hereto relating to the subject matter of this
Agreement except those fully expressed in this Agreement.
ASSIGNMENT OF AGREEMENT. Company may not assign this
Agreement without the prior written consent of City. Company
acknowledges and agrees that City, in its sole discretion and for any
reason, may refuse to grant consent to such assignment. Merger of
Company with another corporation, sale of the majority of the stock
of Company to any other corporation, or consolidation, shall be deemed
an assignment for the purposes of this section.
PARAGRAPH HEADINGS. The use of paragraph headings is for
convenience only and such headings do not add to or detract from the
content of the paragraphs themselves.
IN WITNESS WHEREOF, the parties have caused this instrument to be
executed on day and year as written below.
Attest:
CITY OF DUBUQUE, IOWA
By:
Jeanne F. Schneider, City Clerk Michael C. Van Milligen, City Manager
Date:
Attest:
ROUSSEL
,0/ .__
By:
Date:
SEWER USE AGREEMENT
This Agreement is entered into this Ist day of January, 2003, between
Swiss Valley Farms Company ("Company") and the City of Dubuque, Iowa,
("City") a municipal corporation.
WHEREAS, City currently has an Iowa Department of Natural Resources
permit to process municipal and industrial wastes and to discharge treated
effluent into a navigable waterway in conformance with said permit; and
WHEREAS, Company owns and operates a plant located at 3510 Central
Avenue in Dubuque, Iowa, and is desirous of entering into a sewer use
agreement with City.
NOW THEREFORE, the parties do mutually agree as follows:
DEFINITIONS. As used herein, the following terms shall have the
following meaning:
EPA
..Environmental Protection Aqency. The U.S. Environ-
mental Protection Agency, or, where appropriate, the
term may also be used as a designation of the
Administrator or other duly authorized official of said
Agency.
C BCD5
TSS or
Suspended
Solids
Surcharges
POTW
.Carbonaceous BiochemiCaI Oxyqen Demand
.(C BCD). The quantity of oxygen utilized in the
biochemical oxidation of carbonaceous matter under
standard laboratory procedure, measured at 5 days,
20 degrees Celsius, expressed in terms of
concentration (milligrams per liter [mg/I]).
~The total suspended matter
that floats on the surface of or is suspended in
water, wastewater, or other liquids, and which is
removable by laboratory filtering.
Charges to be paid by Company based on hydraulic
loading, BCD, and Suspended Solids that exceed
maximum limits and time frames as set forth herein.
Publicly Owned Treatment Works (POTW). City's
treatment works as defined by Section 212 of
Act (33 U.S.C. 1292) including any sewers that
convey wastewater to the treatment plant, but not
including pipes, sewers, or other conveyances not
connected to facility providing treatment. "PO'I'W"
shall include any sewers that convey wastewater to
the POTVV from persons outside the corporate
boundaries of City who are, by Agreement with City,
users of City's Wastewater Treatment Facility.
SERVICES PROVIDED BY CITY. City shall provide the required
wastewater collection, treatment, and disposal services to
Company for wastewater discharged to the POTVV in volumes and
of the type described in this Agreement.
LIMITATION ON VOLUME AND LOADING. Company has the right
to discharge up to the volumes and loadings described in this
Agreement, but is not required to discharge any minimum volume
or loading.
EFFECT OF REQUIREMENT OF HIGHER DEGREE OF
TREATMENT. If any state or federal regulatory agency requires
City to install a higher degree of treatment to the domestic and
industrial wastewater flow than that contemplated herein, thereby
requiting the making of changes to the POTVV that City determines
are material, it shall give Company written notice of said
requirement and the proposed additional charges to Company for
said higher treatment. Within six months after date of delivery of
said notice, Company may notify City in writing of its intent to
terminate this Agreement and this Agreement shall be terminated
30 days from the date of Company's notice, If Company does not
give said notice of termination, then this Agreement shall continue
in effect and said proposed additional charges, unless otherwise
agreed to by the parties, shall prevail as to said higher treatment.
COMPANY'S AUTHORITY. Company is hereby authorized to
discharge wastewater from the above-identified facility into the
POTVV in accordance with the effluent limitations, monitoring
requirements and other conditions set forth in this Agreement;
TERM OF AGREEMENT. The term of this Agreement shall
commence on January 1, 2003, and terminate on June 30, 2007.
CHARGES. The following charges shall apply:
(a) Sewer use rates in Section 44-83 of the City of Dubuque
Code of Ordinances shall be the basis for the discounts
(b)
indicated below. In the absence of sewer use rates.for
flow, CBOD5 and Total Suspended SolidS, the following
rates shall be used for all wastes discharged by Company
until such time as sewer use rates are otherwise established
in Section 44-83 of the City of Dubuque Code of Ordinances:
Flow- $.282/100CF
CBOD5 - $180.48/1000 lbs.
Total Suspended Solids - $242.44/1000 lbs.
All charges associated with industrial pretreatment sampling
shall be additional charges in accordance with Section
44-103 of the City of Dubuque Code of Ordinances.
Discounts shall not be applicable to industrial pretreatment
sampling charges.
(c)
The following discounts shall be given the charges for Flow,
CBOD5, and Total Suspended Solids when City determines
that the limits found in Company's Industrial Pretreatment
Permit are met:
(d)
January 1,2003 through June 30, 2004 12%
July 1, 2004 through June 30, 2005 8%
July 1, 2005 through June 30, 2006 4%
July 1, 2006 through June 30, 2007 4%
Discounts shown in Section 7(c) will not apply on amounts
above the "Maximum Daily" or the Monthly Maximum"
limits found in Section 8.
(e)
. (f)
Invoices shall be issued by City to Company on the 1§th day
of each month for the pdor month's service,
Invoices shall be payable by Company not later than 15 days
after the date of issuance. .
APPLICABLE EFFLUENT LIMITATIONS. Wastewater discharged
by Company to the POTW shall not exceed the following amounts
as found in Company's Industrial Pretreatment Permit with City:
PARAMETER
Flow
C BOD5
TSS
iMONTHLY MAXIMUM
18.00 Million Gallons
165,000 Pounds
16,500 Pounds
MAXIMUM DALLY
800,000 Gallons
4,000 Pounds
2,300 Pounds
10.
EXCESS DISCHARGES & CHARGES. The rates set forth herein
shall be effective upon the commencement of the term of this
Agreement. If waste treatment problems occur as a result of
Company's discharge exceeding the daily maximum of 800,000
gallons, 4,000 pounds of C BCD5 or 2,300 pounds of TSS, or as
a result of a change in either state or federal regulations, then City
and Company agree to jointly work to resolve such problems as
quickly as practical.
(a)
When the analyses or meters show that any limit specified
herein has been exceeded, city shall so notify Company in
writing. Company shall have ten working days after receipt
of such notice to reduce the limits. If the limits are met
dudng the ten day period, no further action shall be taken by
city.
(b)
A sumharge shall be imposed for discharges which fall
outside the pH range of 5.5 to 12.0 as set forth in Section
44-102(3) of the City of Dubuque Code of Ordinances.
Sumharge rates shall be $100.00 per day in which one or
more grab(s) or composite sample(s) is (are) found to be
outside the range.
METERING, MONITORING AND REPORTING REQUIREMENTS
(a) Company shall provide for City to operate at Company's
expense, monitoring facilities to allow inspection, sampling
and flow measurement of Company's wastewater discharge.
(b) Monitoring facilities provided by Company shall meet
specifications developed by City. Company shall allow City
continuous access to any monitoring facilities located on
Company property.
(c)
(d)
Monitoring results obtained on a daily/weekly basis and/or
on a monthly basis shall be reported by City to Company no
later than the 15th of the following month. Monitoring reports
prepared by Company shall be signed by a Company
principal executive officer or the officer's designee.
Testing to determine compliance with the limits set forth
herein may be done by City's representatives an any time.
Company agrees that it will cooperate in making any
necessary arrangements. Sampling and analytical
11.
12.
(e)
frequencies shall be determined by City and accomplished
by City's representatives. Alt samples taken by City will be
divided with Company, if requested by Company.
City's Water Pollution Control Plant Manager shall make an
initial determination of any questions relative to results of the
sampling and testing. If Company does not agree with any
such determination, it shall notify City's Water Pollution
Control Plant in writing not less than fifteen (15) days
following receipt of notification.
(f)
(g)
When noncompliance is determined by City's Water
Pollution Control Plant Manager, and thera is no
wdtten request by Company under (e), Company agrees
that the results of sampling and testing by City shall be
final for the determination of sewer use charges.
If Company does not accept City's testing results, on
written request by Company, City shall submit samples to
the University of Iowa Hygienic Laboratory for testing. No
more than twelve sampling and testing week periods shall
be conducted each year.
(h)
All charges associated with independent testing shall be at
Company's expense.
The methods and procedures for determining the extent of
noncompliance shall, insofar as they are consistent with
the purpose of this paragraph, be those set forth above.
The results of any current sampling and testing period by'
City shall govern the extent of charges until the results of
the next sampling and testing, subject to appropriate refunds
after final resolution of any dispute.
GENERAL DISCHARGE PROHIBITIONS. Company agrees to comply
with the provisions set forth in City's Industrial Pmtreatment Program in
Ch. 44, Division 6 of the City of Dubuque Code of Ordinances, and as
may be amended during the term of this Agreement.
LIABILITY LIMITATIONS. It is not contemplated that there will be any
interruption to sanitary sewer service as herein contracted for, but
if for any reason, including but not limited to court order, or physical
13.
14.
conditions beyond the control of City; City is unable to furnish the services
herein mentioned, City shall not be liable for damages or loss by Company
because of breakdown or failure of said sewer system and treatment
plant. If City notifies Company that it cannot for any reason accept the
volume contemplated herein, City shall reduce the monthly charges in
direct proportion that the reduced volume bears to volumes contemplated
by this Agreement. Such interruption of service is limited to one
produced by non-permanent type of condition or situation and does not
cont.emplate the right of the City to voluntarily abandon or curtail the
service.
FAILURE TO PAY- TERMINATION OF SERVICE. In the event of the
failure of Company to pay any amount due under this Agreement within
30 days after the due date, or in the event of any other breach of any of
the terms of this Agreement by Company which is not corrected within
90 days from the date of written notice of such breach by City, City may,
at its option, terminate service to Company and/or enforce the provisions
hereof by any legal means.
COMPLIANCE WITH GOVERNMENTAL LAWS. Company shall in the
performance of this Agreement comply with all applicable federal, state
and local laws.
15. EXCLUSIVENESS. This Agreement contains the entire agreement
between the parties and supersedes any prior understandings or
agreement between them respecting the subject matter. There are no
representations, arrangements, understandings or agreements, oral or
written between the parties hereto relating to the subject matter of this
Agreement except those fully expressed in this Agreement.
16. ASSIGNMENT OF AGREEMENT. Company may not assign this
Agreement without the prior written consent of City. Company
acknowledges and agrees that City, in its sole discretion and for any
reason, may refuse to grant consent to such assignment. Merger of
Company with another corporation, sale of the majority of the stock
of Company to any other corporation, or consolidation, shall be deemed
an assignment for the purposes of this section.
17. PARAGRAPH HEADINGS. The use of paragraph headings is for
convenience only and such headings do not add to or detract from the
content Of the Paragraphs themselves.
IN WITNESS WHEREOF, the parties have caused this instrument to be
executed on day and year as wdtten below.
Attest:
CITY OF DUBUQUE, IOWA
By:
Jeanne F. Schneider, City Clerk Michael C. Van Milligen, City Manager
Date:
Attest:
SWISS VALLEY FARMS COMPANY
Date: /~/ ////'~,~ ~,~
SEWER USE AGREEMENT
This Agreement is entered into this Ist day of January, 2003, between
Swiss Valley Farms Company ("Company") and the City of Dubuque, Iowa,
("City") a municipal corporation.
WHEREAS, City currently has an Iowa Department of Natural Resoumes
permit to process municipal and industrial wastes and to discharge treated
effluent into a navigable waterway in conformance with said permit; and
WHEREAS, Company owns and operates a plant located at 3510 Central
Avenue in Dubuque, Iowa, and is desirous of entedng into a sewer use
agreement with City.
NOW THEREFORE, the parties do mutually agree as follows:
DEFINITIONS. As used herein, the following terms shall have the
following meaning:
EPA
Environmental Protection A,qency. The U.S. Environ-
mental Protection Agency, or, where appropriate, the
term may also be used as a designation of the
Administrator or other duly authorized official of said
Agency.
C BOD5
Carbonaceous Biochemical Oxygen Demand
(C BOD). The quantity of oxygen utilized in the
biochemical oxidation of carbonaceous matter under
standard laboratory procedure, measured at 5 days,
20 degrees Celsius, expressed in terms of
concentration (milligrams per liter [mg/I]).
TSS or
Suspended
Solids
Suspended Solids. The total suspended matter
that floats on the surface of or is suspended in
water, wastewater, or other liquids, and which is
removable by laboratory filtering.
Surcharges
Charges to be paid by Company based on hydraulic
loading, BOD, and Suspended Solids that exceed
maximum limits and time frames as set forth herein.
POTW
Publicly Owned Treatment Works (POTW). City's
treatment works as defined by Section 212 of
Act (33 U.S.C. 1292) including any sewers that
convey wastewater to the treatment plant, but not
including pipes, sewers, or other conveyances not
connected to facility providing treatment. "POTW"
shall include any sewers that convey wastewater to
the POTVV from persons outside the corporate
boundaries of City who are, by Agreement with City,
users of City's Wastewater Treatment Facility.
SERVICES PROVIDED BY CITY. City shall provide the required
wastewater collection, treatment, and disposal services to
Company for wastewater discharged to the POTVV in volumes and
of the type described in this Agreement.
LIMITATION ON VOLUME AND LOADING. Company has the right
to discharge up to the volumes and loadings described in this
Agreement, but is not required to discharge any minimum volume
or loading.
EFFECT OF REQUIREMENT OF HIGHER DEGREE OF
TREATMENT. If any state or federal regulatory agency requires
City to install a higher degree of treatment to the domestic and
industrial wastewater flow than that contemplated herein, thereby
requiring the making of changes to the POTW that City determines
are material, it shall give Company written notice of said
requirement and the proposed additional charges to Company for
said higher treatment. Within six months after date of delivery of
said notice, Company may notify City in writing of its intent to
terminate this Agreement and this Agreement shall be terminated
30 days from the date of Company's notice. If Company does not
give said notice of termination, then this Agreement shall continue
in effect and said proposed additional charges, unless otherwise
agreed to by the parties, shall prevail as to said higher treatment.
COMPANY'S AUTHORITY. Company is hereby authorized to
discharge wastewater from the above-identified facility into the
POTW in accordance with the effluent limitations, monitoring
requirements and other conditions set forth in this Agreement.
TERM OF AGREEMENT. The term of this Agreement shall
commence on January 1,2003, and terminate on June 30, 2007.
CHARGES. The following charges shall apply:
(a)
Sewer use rates in Section 44-83 of the City of Dubuque
Code of Ordinances shall be the basis for the discounts
indicated below. In the absence of sewer use rates.for
flow, CBOD5 and Total Suspended Solids, the following
rates shall be used for all wastes discharged by Company
until such time as sewer use rates are otherwise established
in Section 44-83 of the City of Dubuque Code of Ordinances:
Flow - $.282/100CF
CBOD5 - $180.48/1000 lbs.
Total Suspended Solids - $242.44/1000 lbs.
(b)
All charges associated with industrial pretreatment sampling
shall be additional charges in accordance with Section
44-103 of the City of Dubuque Code of Ordinances.
Discounts shall not be applicable to industrial pretreatment
sampling charges.
(c)
The following discounts shall be given the charges for Flow,
CBODS, and Total Suspended Solids when City determines
that the limits found in Company's Industrial Pretreatment
Permit are met:
(d)
January 1, 2003 through June 30, 2004 12%
July 1, 2004 through June 30, 2005 8%
July 1, 2005 through June 30, 2006 4%
July 1, 2006 through June 30, 2007 4%
Discounts shown in Section 7(c) will not apply on amounts
above the "Maximum Daily" or the Monthly Maximum"
limits found in Section 8.
(e)
Invoices shall be issued by City to Company on the 15th day
of each month for the prior month's service.
(f)
Invoices shall be payable by Company not later than 15 days
after the date of issuance.
APPLICABLE EFFLUENT LIMITATIONS. Wastewater discharged
by Company to the POTW shall not exceed the following amounts
as found in Company's Industrial Pretreatment Permit with City:
PARAMETER
Flow
C BOD5
TSS
MONTHLY MAXIMUM
18.00 Million Gallons
165,000 Pounds
16,500 Pounds
MAXIMUM DAILY
800,000 Gallons
4,000 Pounds
2,300 Pounds
10.
EXCESS DISCHARGES & CHARGES. The rates set forth herein
shall be effective upon the commencement of the term of this
Agreement. If waste treatment problems occur as a result of
Company's discharge exceeding the daily maximum of 800,000
gallons, 4,000 pounds of C BOD5 or 2,300 pounds of TSS, or as
a result of a change in either state or federal regulations, then City
and Company agree to jointly work to resolve such problems as
quickly as practical.
(a)
When the analyses or meters show that any limit specified
herein has been exceeded, city shall so notify Company in
writing. Company shall have ten working days after receipt
of such notice to reduce the limits. If the limits are met
dudng the ten day pedod, no further action shall be taken by
city.
(b)
A surcharge shall be imposed for discharges which fall
outside the pH range of 5.5 to 12.0 as set forth in Section
44-102(3) of the City of Dubuque Code of Ordinances.
Surcharge rates shall be $100.00 per day in which one or
more grab(s) or composite sample(s) is (ara) found to be
outside the range.
METERING, MONITORING AND REPORTING REQUIREMENTS
(a) Company shall provide for City to operate at Company's
expense, monitoring facilities to allow inspection, sampling
and flow measurement of Company's wastewater discharge.
(b) Monitoring facilities provided by Company shall meet
specifications developed by City. Company shall allow City
continuous access to any monitoring facilities located on
Company property.
(c)
(d)
Monitoring results obtained on a daily/weekly basis and/or
on a monthly basis shall be reported by City to Company no
later than the 15~h of the following month. Monitoring reports
prepared by Company shall be signed by a Company
principal executive officer or the officer's designee.
Testing to determine compliance with the limits set forth
herein may be done by City's representatives an any time.
Company agrees that it will cooperate in making any
necessary arrangements. Sampling and analytical
11.
12.
(e)
frequencies shall be determined by City and accomplished
by City's representatives. All samples taken by City will be
divided with Company, if requested by Company.
City's Water Pollution Control Plant Manager shall make an
initial determination of any questions relative to results of the
sampling and testing. If Company does not agree with any
such determination, it shall notify City's Water Pollution
Control Plant in writing not less than fi[teen (15) days
following receipt of notification.
(f)
(g)
When noncompliance is determined by City's Water
Pollution Control Plant Manager, and there is no
written request by Company under (e), Company agrees
that the results of sampling and testing by City shall be
final for the determination of sewer use charges.
If Company does not accept City's testing results, on
written request by Company, City shall submit samples to
the Univemity of Iowa Hygienic Laboratory for testing. No
more than twelve sampling and testing week periods shall
be conducted each year.
(h)
All charges associated with independent testing shall be at
Company's expense.
(i)
The methods and procedures for determining the extent of
noncompliance shall, insofar as they are consistent with
the purpose of this paragraph, be those set forth above.
The results of any current sampling and testing period by
City shall govern the extent of charges until the results of
the next sampling and testing, subject to appropriate refunds
after final resolution of any dispute.
GENERAL DISCHARGE PROHIBITIONS. Company agrees to comply
with the provisions set forth in City's Industda Pretreatment Program in
Ch. 44, Division 6 of the City of Dubuque Code of Ordinances, and as
may be amended during the term of this Agreement.
LIABILITY LIMITATIONS, It is not contemplated that there will be any
interruption to sanitary sewer service as herein centracted for, but
if for any reason, including but not limited to court order, or physical
13.
14.
15.
16.
17.
conditions beyond the control of City; City is unable to furnish the services
herein mentioned, City shall not be liable for damages or loss by Company
because of breakdown or failure of said sewer system and treatment
plant. If City notifies Company that it cannot for any reason accept the
volume contemplated herein, City shall reduce the monthly charges in
direct proportion that the reduced volume bears to volumes contemplated
by this Agreement. Such interruption of service is limited to one
produced by non-permanent type of condition or situation and does not
contemplate the right of the City to voluntarily abandon or curtail the
service.
FAILURE TO PAY - TERMINATION OF SERVICE. In the event of the
failure of Company to pay any amount due under this Agreement within
30 days after the due date, or in the event of any other breach of any of
the terms of this Agreement by Company which is not corrected within
90 days from the date of wdtten notice of such breach by City, City may,
at its option, terminate service to Company and/or enforce the provisions
hereof by any legal means.
COMPLIANCE WITH GOVERNMENTAL LAWS. Company shall in the
performance of this Agreement comply with all applicable federal, state
and local laws.
EXCLUSIVENESS. This Agreement contains the entire agreement
between the parties and supersedes any prior understandings or
agreement between them respecting the subject matter. There are no
representations, arrangements, understandings or agreements, oral or
written between the parties hereto relating to the subject matter of this
Agreement except those fully expressed in this Agreement.
ASSIGNMENT OF AGREEMENT. Company may not assign this
Agreement without the prior written consent of City. Company
acknowledges and agrees that City, in its sole discretion and for any
reason, may refuse to grant consent to such assignment. Merger of
Company with another corporation, sale of the majority of the stock
of Company to any other corporation, or consolidation, shall be deemed
an assignment for the purposes of this section.
PARAGRAPH HEADINGS. The use of paragraph headings is for
convenience only and such headings do not add to or detract from the
content of the paragraphs themselves.
IN WITNESS WHEREOF, the parties have caused this instrument to be
executed on day and year as written below.
Attest:
CITY OF DUBUQUE, IOWA
By:
Jeanne F. Schneider, City Clerk Michael C. Van Milligen, City Manager
Date:
Attest:
SWISS VALLEY FARMS COMPANY
Date: j4¢ ./¢¢~¢-~ 402