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HomeMy WebLinkAbout3879 Contract Number: 3879 Vendor: OLYMPIC VIEW SANITARY LANDFILL Subject: Leachate Treatment Department: WWTP File Class: LEG 12 -1 Begin Date: 1/22/1998 End Date: On -Going Review Date: 12/1/2015 Vault Date: Comments: Automatic renewal unless 60 /day advance notice received 1 LEACHATE TREATMENT AGREEMENT THIS LEACHATE TREATMENT AGREEMENT is entered into and made effective as of the latest date set forth on the signature page hereto, by and between the CITY OF BREMERTON, WASHINGTON (the "City"), a municipal corporation duly organized and existing under the laws of the State of Washington, and OLYMPIC VIEW SANITARY LANDFILL, INC., a USA Waste Services, Inc. Company (hereinafter referred to as "OVSL"). 1. SCOPE: 1.1. OVSL owns and operates the Olympic View Sanitary Landfill located at 10015 SW Barney White Road, Port Orchard, Washington 98366. 1.2. The City owns and operates a Wastewater Treatment Facility located at 1600 Oyster Bay Avenue, Bremerton, Washington (hereinafter the "WWTP'). 1.3. The City agrees to accept pretreated wastewater ("leachate") from OVSL with Biochemical Oxygen Demand ("BOD') not to exceed such limits as are set forth in OVSL's Washington Department of Ecology State Waste Discharge Permit No. 7271, as the same may be amended ("Waste Discharge Permit"), or such greater limits as are set forth by the City under procedures set forth in Section 4.3. The City shall provide secondary treatment of the leachate at the WWTP and shall dispose of the treated leachate in accordance with the City's WWTP NPDES permit, or such other orders or permits as are applicable or appropriate. OVSL is not obligated to provide any minimum amount of leachate to the WWTP. 1.4. OVSL's right to dispose of leachate at the WWTP shall be contingent upon OVSL obtaining and maintaining all certificates, permits, and any other approval as may be required by any federal, state, or local authorities relating to the discharge of leachate. The City shall cooperate with OVSL in its efforts to obtain such approvals. 2. TERM: The term of this Agreement shall be two (2) years commencing on the latest date this Agreement is executed by the parties, as set forth on the signature page hereto, and terminating on the day which is two years later. During the initial two-year term of this Agreement, either party may terminate this Agreement upon providing to the other party at least ninety (90) days' advance written notice. At the expiration of the initial term of this Agreement, the term of this Agreement shall be automatically renewed for subsequent periods of one (1) year each unless either party provides written notice of termination to the other party at least sixty (60) days prior to the expiration of the then- existing term. 3. COMPENSATION: 3.1. OVSL shall pay the City the rate of $.01 per gallon of leachate discharged into the City's wastewater collection systems. 3.2. Costs for regulatory tests that are completed by the City at the request of OVSL shall be charged to OVSL at the rates set forth in the City's lab schedule. To ensure contract compliance, OVSL shall submit routine sampling data completed by OVSL for submittal to the Washington Department of Ecology ("Ecology") as provided in Section 5.3. The City reserves the right, at the City's expense, to conduct additional sampling of leachate to insure contract compliance, or to split samples for independent analysis by the City. 3.3. The City's billing cycle will be from the first day of the month through the last day. An invoice will be issued to OVSL by the fifteenth (15th) of each month with payment due from OVSL to the City by the tenth day of the following month. 4. LEACHATE QUALITY AND LOADINGS: 4.1. All terms and conditions of OVSL's Waste Discharge Permit, subsequent Ecology orders and permit renewals applicable to the discharge of leachate shall become a part of this Agreement and remain the responsibility of OVSL. 4.2. OVSL shall not discharge pollutants to the WWTP in quantities or concentrations that cause or significantly contribute to a violation of any requirements of the City's WWTP NPDES permit or other applicable federal, state, or local government requirements. Except as provided in Section 4.3, OVSL shall not discharge a quantity or quality of leachate that inhibits or disrupts the treatment process or operations of the WWTP in a manner that contributes to a violation of any requirement of the City's WWTP NPDES permit. 4.3. Leachate discharged by OVSL shall be subject to the BOD effluent limitations as set forth in the Waste Discharge Permit and/or appropriate order issued to OVSL by Ecology. Notwithstanding the foregoing, OVSL may discharge and the WWTP may accept leachate having BOD and/or TSS loadings greater than those provided in the Waste Discharge Permit as long as the WWTP is capable of processing said leachate to meet its NPDES permit limits and requirements. OVSL shall provide verbal notice to the City of the discharge of leachate in excess of the BOD limitations set forth in the Waste Discharge Permit within twenty-four (24) hours after learning of any such exceedance. OVSL shall have a reasonable time within which to correct the exceedance and bring the leachate to within the BOD limitations of the Waste Discharge Permit. During such time that the leachate exceeds the Waste Discharge Permit BOD limits, OVSL shall pay the rate of $.02 per gallon of leachate discharged. 5. MONITORING: 5.1. The City shall have access during normal business hours to OVSL's leachate storage, pre-treatment and load-out system ("Load-Out Facility") upon obtaining approval at the OVSL scale house and being escorted to the Load-Out Facility by OVSL personnel. The City shall also have access, during normal business hours and reasonable advance notice (not less than 24 hours), to the records of operation and maintenance of the Load-Out Facility. The records of operation will be kept at the landfill site. 5.2. OVSL shall maintain records of all information resulting from any monitoring activities. All sampling and analytical methods shall conform to the guidelines establishing test procedures for the analysis of pollutants, contained in 40 CFR §136, as amended. 5.3. OVSL shall provide the City copies of all records, test results, reports, and other information that are required for submittal to Ecology by OVSL's Waste Discharge Permit. This information shall be provided monthly or as mutually agreed upon. 6. LEACHATE DELIVERY: 6.1. OVSL shall transport leachate from the landfill to a discharge point designated by the City. The City shall designate, through its Division Manager or agent, sites to be utilized for the discharge of the treated leachate for the purposes and processing at the WWTP and OVSL shall discharge the leachate at these sites exclusively, unless otherwise directed by the Division Manager or agent of the City. 6.2. Each treated leachate delivery shall be entered into a weather protected log-book maintained at the Load-Out Facility, or at a site otherwise agreed upon by the Division Manager of the City's Wastewater Division and OVSL's landfill manager. These entries shall show date, time, U.S. Gallons total and driver's signature. This log-book shall be accepted by the parties as the record of deliveries for billing purposes. On the first business day of each month OVSL shall send to the City, via facsimile or mail, a copy of the log entries for that month. OVSL shall be allowed to dispose of leachate by land applications, as permitted under its Waste Discharge Permit or in any other legal manner. OVSL shall notify the City at least twenty-four (24) hours prior to any intended discontinuance of leachate discharge to the WWTP. If OVSL discontinues or reduces discharge of leachate, OVSL may recommence or increase discharge at any time, up to the limitations as set forth in the Waste Discharge Permit or as set forth by the City, whichever is greater. 3 7. DISCONTINUANCE OF SERVICE: 7.1. The City may at any time temporarily suspend the discharge of leachate to the WWTP in the event of an emergency or other cause directly attributable to the leachate that results in the inability of the WWTP to process such leachate to meet the City's WWTP NPDES permit limits and requirements. Temporary suspension of discharge shall continue only so long as such emergency or other cause exists. Notice of suspension shall be made verbally or in writing by the WWTP Manager, or the Wastewater Division Manager of the City. If verbal, immediate written notification must be delivered to OVSL. 8. INDEMNIFICATION: 8.1. OVSL shall be solely responsible for the transportation of the leachate and the manner in which the leachate enters the City's systems, and shall defend, indemnify and hold harmless the City for any damages, penalties and fines caused by the transportation of leachate or by spillage of the leachate outside of the designated discharge site, which indemnity shall include the payment to the City for all costs or litigation, if any (including reasonable attorneys' fees) incurred as a result of the negligent performance of this Agreement by OVSL or its agents. 8.2. OVSL shall be solely responsible for compliance with the conditions as set forth in its Waste Discharge Permit or subsequent permits and orders applicable to discharge of leachate, and shall defend, indemnify and hold harmless the City from any failure to so comply. 8.3. The City shall be responsible for the operation and maintenance of the WWTP and its wastewater collection systems and the manner in which the leachate flows through and is processed in such facility and systems, and shall defend, indemnify and hold harmless OVSL for any damages, penalties and fines caused by the ownership, operation and/or maintenance of the WWTP and collection systems or by spillage of the leachate, not otherwise caused by OVSL. This indemnity shall include the payment to OVSL for all costs or litigation, if any (including reasonable attorneys' fees) incurred as a result of the negligent performance of this Agreement by the WWTP or the City or either of their agents. 8.4. The City shall be responsible for compliance with the conditions as set forth in its WWTP NPDES permit or subsequent permits and orders applicable to collection or processing of leachate, and shall hold harmless and indemnify OVSL from any failure to so comply. 9. AMENDMENT OR MODIFICATION: No amendment or modification of this Agreement, including any addition or deletions shall be effective unless approved and executed by the parties in the same form and manner as and subject to the remaining provisions of this Agreement. 4 10. SUCCESSORS AND ASSIGNS: 10.1. This Agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties and is not intended to confer rights or benefits upon any third party except as expressly stated herein. 11. GOVERNING LAW: 11.1. This Agreement shall be governed and construed in accordance with the laws of the State of Washington. Venue in connection with any legal proceedings affecting this Agreement shall be in the Superior Court of the State of Washington for Kitsap County. 11.2. This Agreement constitutes the entire agreement of the parties. There are no oral, or other agreements between the parties which affect this Agreement. EXECUTED in duplicate as of the dates set forth below. OLYMPIC VIEW SANITARY LANDFILL, INC., A USA WASTE Date: /°[~'~/~ ~ SERVIC~MPANY Robert J. ~erres,'Jr. Divisional Vice-President, Cascade Division Date: ~-~ 2 - ClX/ CITY OF BREMERTON, WASHINGTON L~ann Horton, Mayor 23923.02.SE ($GJ02!.DOC) 12/19/97 I 1:30 AM 5