Industrial Sewer Use Agreement
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MEMORANDUM
January 28, 2005
TO:
The Honorable Mayor and City Council Members
FROM:
Michael C. Van Milligen, City Manager
SUBJECT: Industrial Sewer Use Agreement
Acting Water Pollution Control Plant Manager Jonathan Brown is recommending
execution of a four year Sewer Use Agreement with Interstate Power and Light
Company - Dubuque Power Station to discharge wastewater from the power plant into
the City sanitary sewer system.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
fLU VZ~/\L
Michael C. Van Milligen '1
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Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Jonathan R. Brown, Acting Water Pollution Control Plant Manager
. ,
January 25, 2005
TO: Michael C. Van Milligen, City Manager
FROM: Jonathan R. Brown, Acting WPCP Manager
SUBJECT: Industrial Sewer Use Agreement
INTRODUCTION: The purpose of this memorandum is to ask your review and
approval of the attached Sewer Use Agreement with Interstate Power & Light Co
- Dubuque Power Station.
DISCUSSION: During the summer of 2004 Interstate Power & Light Co. (IP&L)
contacted the City of Dubuque inquiring about the possibility of discharging
wastewater to the City's sewer system. The wastewater at that time was being
discharged to the Mississippi River under an NPDES permit. Following
negotiations with IP&L and City of Dubuque Water Pollution Control staff it was
agreed to pursue a industrial sewer use agreement between the City and IP&L,
modeled after agreements currently in place.
The City has long term sewer use agreements with three major contributors,
Rousselot, Swiss Valley Farms, and Inland Protein. The format of the IP&L
agreement is essentially the same as these agreements with the exception being
the absence of a diminishing discount for flow, CBOD5 and total suspended
solids. It is proposed that the contract be for a period of four years expiring June
30,2009.
The contract incorporates a clause that will allow the City to meet Federal and
State guidelines for participation in funding programs should the need and/or
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.
RECOMMENDATION: I recommend that we ask the City Council to authorize
you to execute a Sewer Use Agreement with Interstate Power & Light Co. -
Dubuque Power Station at the February 7th 2005 Council meeting.
SEWER USE AGREEMENT
This Agreement is entered into this _ day of , 2005, between
Interstate Power & Light Co - Dubuque Power Station ("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 920 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:
1. DEFINITIONS. As used herein, the following terms shall have the
following meaning:
EPA
Environmental Protection Aqencv. 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.
CBOD5
Carbonaceous Biochemical Oxyqen Demand
(CBOD). 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/l]).
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, CBOD, 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 POTW from persons outside the corporate
boundaries of City who are, by Agreement with City,
users of City's Wastewater Treatment Facility.
2.
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.
3.
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.
4.
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 the 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.
5.
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.
6.
TERM OF AGREEMENT.
commence on
20
The term of this Agreement shall
, 2005, and terminate on
7.
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 - $180.48/1000Ibs.
Total Suspended Solids - $242.44/1000Ibs.
(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) Invoices shall be issued by City to Company on the 15th day
of each month for the prior month's service.
(d) Invoices shall be paid by Company not later than 15 days
after the date of issuance.
8.
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
CBOD5
TSS
16.00 Million Gallons
16000 Pounds
53000 Pounds
500,000 Gallons
500 Pounds
1700 Pounds
9.
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, 500 pounds of CBOD5 or 1700 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.
10. 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 and shall so notify Company. If
Company does not agree with any such determination, it
shall notify City's Water Pollution Control Plant Manager in
writing not less than fifteen (15) days following receipt of
such 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.
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
conditions beyond the control of City, City is unable to furnish the services
herein mentioned, City shall not be liable for any 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 the same proportion that the reduced volume bears to volumes
contemplated by this Agreement. Such interruption of service is limited to
one produced by non-permanent conditions or situations and does not
contemplate the right of the City to voluntarily abandon or curtail the
service.
. .
13. 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.
14. 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 assig"ment 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 the 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:
INTERSTATE POWER & LIGHT CO
By:
Date: