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Home My WebLink About1999-29640 • ti AGREEMENT FOR TRANSPORTATION, TREATMENT AND DISPOSAL OF DOMESTIC WASTEWATER RESIDUAL This AGREEMENT by and between INDIAN RIVER COUNTY UTILITIES (hereinafter COUNTY) and Summit Cove Condominium Association. Inc., whose address is 8520 South U.S. Highway 1, Micco, Florida 32958, hereinafter referred to as the CUSTOMER. WITTNESSETH THAT WHEREAS, the COUNTY is the owner and operator of a Residuals Management Facility (dewatering facility), Permit # FLA -010434-001. WHEREAS, said treatment and disposal site (Class I Landfill) has been approved and is operating under Florida Department of Environmental Protection (FDEP) permit in compliance with Florida Administrative Code (FAC), Chapter 62-640, and WHEREAS, the CUSTOMER owns and operates a domestic wastewater treatment facility permitted as Summit Cove Condominium Wastewater Treatment Facility hereinafter referred to as "SOURCE" and has the need to dispose of the waste residual generated by the SOURCE and WHEREAS, as a condition precedent to obtaining a valid operating permit for the SOURCE, FDEP requires the COUNTY to maintain an Agreement for the handling of sludge residuals; NOW THEREFORE, for and in consideration of the mutual terms, covenants and conditions to be compiled on the part of the respective parties hereto, it is agreed as follows: I Nothing in this Agreement shall supersede or take precedence over the obligation and responsibility of each party to operate and maintain its individual plant in compliance with the frequency and schedule stated in FAC, Chapter 62-640. 2 The CUSTOMER hereby covenants and agrees: Sludge Residual Agreement Page 1 of 3 C VesemiahJohnsan PngeebUgre,—ts, Agendns Sun"it Cure Cundh. A— - Agrennrnt - Sludge Residual Ag—cnt hx WWI F &- +i A. If the CUSTOMER stabilizes the residuals to level B' or above none of said residuals shall be mixed with unstabilized material. The use of time for stabilization is prohibited. If mixing has occurred, the entire toad will be required to be stabilized at the SOURCE. B. The CUSTOMER warrants that to the best of its knowledge, the residuals delivered to the COUNTY will not contain any hazardous, toxic or radioactive waste or substances as defined by applicable federal, state and local taws or restrictions. C. The maximum permissible daily residual discharges from the CUSTOMER'S residual waste stream shall not exceed 1000 gallons per day (gpd), This amount will not be exceeded without the written approval of the COUNTY. 3 The; COUNTY hereby covenants and agrees: A. To maintain, monitor and operate the dewatering facility and residuals disposal site (landfill) in compliance with FAC, Chapter 62-640. B. To accept responsibility for the proper measurement and dewatering for the proper disposal of the residuals as required by FAC, Chapter 62-640. 4 It is further understood by both parties that: A. Each party understands this Agreement is subject to the rules, regulations and directives of the regulatory agencies and agrees that in the event such rules, regulations and directives require modification of this Agreement, and each will negotiate in good faith to make such modification. B. Upon arrival onsite for treatment of residuals from the CUSTOMER'S plant, the COUNTY has the right to refuse treatment of said residuals, if it is demonstrated that the chemical/physical characteristics of the transported material is not consistent for dewatering. The CUSTOMER will be responsible for the removal and proper disposal of the transported material. If such residual requires further treatment, such as outside dewatering/chemical addition then a surcharge fee may be imposed by the County for said additional treatment. C. It is specifically agreed and understood by all parties hereto, that the prevailing rate established by Indian River County Utilities Department is for the proper treatment and disposal of residuals delivered by the CUSTOMER to the Indian River County Residuals Management Facility. D. CUSTOMER shall make payment within thirty (30) days after receipt of an invoice from the COUN'T'Y unless a longer time period is allowed by the COUNTY Utilities Department but in the event that payment is not made when due, the COUNTY, at its sole option, may at any time terminate this Agreement on notice to CUSTOMER and the Florida Department of Environmental C Ucrar»ahh�M+ua PrgmtVAp tvn fs.Apttnfa.,'nptsrnKnt,%;mmol0-t—kA,—.S1,4, P,51rb,J A$Ktuunl 1,y%\\'1F.bx SludRo Residual Age imW llagc2fru k • Protection. COUNTY may impose, and CUSTOMER agrees to pay, a late fee not to exceed the maximum rate allowed by applicable law for all past due payments. E. The CUSTOMER shall have an Agreement with the licensed hauler to be responsible for damage to COUNTY property, such as road surfaces resulting from the weight of the CUSTOMER'S vehicle delivering residuals to the COUNTY Wastewater Treatment Facility. } F. Changes in the Schedule of Charges, capacity and type of equipment may be agreed upon only in writing. Oral agreements will not be considered as binding. 5 Term of Agreement: A. The term of this Agreement shall be for three (3.) years from the effective date of service and shall be automatically renewed for like terms unless either party shall give written notice of termination (Certified Mail, UPS, or equivalent) to the other at least sixty (60) days prior to termination of the initial term or any renewal term. In the event the CUSTOMER terminates this Agreement other than as provided K c iil iI above, CUSTOMER shall pay to the COUNTY as liquidated damages, a sum q ; calculated as follows: I i. If the remaining term under this Agreement is six months or more, CUSTOMER shall pay its most recent monthly charge multiplied by six (6); ii. If the remaining term under this Agreement is less than six months, __- CUSTOMER shall pay the most recent charge multiplied by the number of remaining months in the term. B. This AGREEMENT shall be binding on the parties and their successors and assigns. IN WITNESS WHEREOF, the parties have caused these presence to be executed this 16thdayof November 1999. By- - / : SCHEDULE OF WATER AND SEWER RATES, FEES AND CHARGES PALA-4-tes Billing Charge - Per Account Per Month Base Facility Charge Where Lines are Available - Per 9RU Base Facility Charge where Capacity is Reserved, But Tines are not Available - Per ERU Volume Cberge - per t,WO gallons Water Meter Basis Excess Volume Surcharge - Greater than 7600 gallons per month - Per ERU" 'Surcharge for bulk users will apply to now exceeding total Capacity reserved by bulk user In all meters. Bulk Sewer Billing Charge - Per Account Per Mouth Base Facility Charge Where Tints are Available - Per ERU Base Facility Charge Where Capacity is Reserved, But lines are not Available - Per ERU Volume Charge - per 1,000 gallons Water Meter Basis Volume Charge - per I,wo gallons Sewer Meter Basis Excess Volume Surcharge - Greater than 7600 gallons per month - Per ERU* "Surcharge for bulk users will apply to flow exceeding total capacity reserved by bulk user In ail meters. Excess Sewage Strength Charge 53.29 36.19 33.10 $2.63 5+4.45 51.29 513.8I 56.71 $2.63 $2,98 Sd.AS Sewage Charge X Ratio of Total Dissolved Solids or Blochemical Oxygen Demand in Milligrams per liter/250. Excess Sewage Strength Charge Applicable to Customers Required to Use Greasetraps but who have obtained a Variance due to hardship or financial unfeasibility Sewage Charge' Reclaimed waterer 1. cellons $ 0.15 Siuda and Septape Rates(b Charge per 1,000 gallons(a) 530'82 Charge per wet ton(a) 5 7.51 Notes: s (a) Recommended rates assume domestic sludge with solids concentrations of between .5 and 2.0 percent. (b) Costs Incurred by County to sample, monitor andfor test wastes to verify solids concentrations, metals, content, etc, or additional e casts Incurred to handle or dispose of wastes with high metal concentrations or other nondomestic waste characteristics should be recovered from the users discharging the wastes In addition to the above charges based or, formula's available In the Department of Utiilty Services. N