The URL can be used to link to this page

Home My WebLink About1999-308to • 301 AGRFEMF,NT FOR TRANSPORTATION, TRF,ATMENT AND DISPOSAL OF' DOMESTIC WASTEfVATER RESIDUAL This AGREEMENT by and between INDIAN RIVER COUNTY UTILITIES (hereinafter COUNTY) and SUN AG, INC., whose address is 7735 County Road 512, Fellsmere, FL 32948, hereinafter referred to as the CUSTOMER. FYI TTNESSETH THAT WHEREAS, the COUNTY is the owner and operator of a Residuals Management Facility (dewatering facility), Permit H FLA -010434-001. WHEREAS, said treatment and disposal site (Class 1 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 Sun Ag Packinghouse Domestic Wastewater Plant 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: A. If the CUSTOMER stabilizes the residuals to level `13' or above none of said residuals shall be mixed with unstabilized material. The use of lime for stabilization is prohibited. If mixing has occurred, the entire load will be required to be stabilized at the SOURCE. Page t Studgz Residual Agreement 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 laws or restrictions. C. The maximum permissible daily residual discharges from the CUSTOMER'S residual waste stream shall not exceed 5000 (five thousand) gallons a av (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. E3. 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 COUNTY 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 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. Page 2 Sludge Residual Agreement 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 Tenn of Agreement: A. The term of this Agreement shall be for five 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 teen. In the event the CUSTOMER terminates this Agreement other than as provided above, CUSTOMER shall pay to the COUNTY as liquidated damages, a sum calculated as follows: 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 gdayof_DecPmI)err J----1999. Witness (signature) i NM R. A HT, CHAIRMAN PA'1'11ICIA til. HWULLY BOARD OF COUNTY COMMISSIONERS F11ck M r. By: 7; STOMER (si re) By: �.�arLr S. Nc-�7-- cee- vrj de -j- W10t. Sludge Residual Agreement N• a nt) 4itArline ness (s' ature) Witness Name (print) inden River re AWovtd Ogle Admin. G Legal - Page 3 t3udgat I _ j Utitlticc 'f _ F11ck M r. By: 7; STOMER (si re) By: �.�arLr S. Nc-�7-- cee- vrj de -j- W10t. Sludge Residual Agreement 40 J • A November 12, 1999 JOHN A. ROBBINS, P.E. PROMi510NAL ENGINEER CREATIVE& TECIINICAL CONSULTANT TELEPHONE (561)562-0787 FAx (560562-1008 181 4 COMMERCE AVENUE, SURE A POST OFFICE BOX 1 15 VCRO BEACH. FLORIDA 32960 wABAsso. FLORIDA 32970 Mr. Steve Doyle, P.E. Indian River County Utilities Dept. 1840 25th Street Vero Beach, FL 32960 Re: Sun -Ag, Inc. Agreement for Transportation, Treatment and Disposal of Domestic WW Residual Engineer's Project No. 94.103 Dear Mr. Doyle: This letter is intended to transmit to you an executed Agreement for Transportation. Treatment and Disposal of Domestic Wastewater Residual which you forwarded to us for execution by Sun -Ag, Inc. This document has been signed by Mr. Mark Sanchez., executive vice president and general manager for Sun -Ag, Inc. This agreement is related to Sun-Ag's request of October 26, 1999 to have Indian River County's residuals facility accept residuals from their domestic wastewater treatment plant servicing the packinghouse at Sun -Ag, Inc. in Fellsmere. As I have indicated to you in telephone conversations and previous written communication, we are in the process of repermitting the packinghouse's domestic wastewater treatment plant through The Florida Department of Environmental Protection and FDEP has requested we provide them with a letter from Indian River County indicating they would accept the residuals. Please note we have changed the term of the agreement to five years so that it would coincide with the period of time associated with the permit. I hope that execution of this document would now allow for Indian River County to issue a letter accepting residuals from this wastewater plant and we look forward to receiving the letter at your earliest convenience. I hope this is satisfactory for your purposes at this time and should you require further information or clarification, please do not hesitate to contact me. P9 qVe ly yo rs, A. Robbin , E. cc: Mark Sanchez 40 40 PER 0) $Water lBllling Charge - Per Account Per Month Bate Facility Charge Where Lines are Available Per ERU Base Facility Charge Where Capacity Is Reserved, But Lines are not Available - Per RRU Volume Charge - per 1,040 gallons Water Meter Basis Faces% Volurnt Surcharge - Grtxter than 7600 gallons per month - Per RRU' ,Surcharge for bulk users wit', apply to flow exceeding total capacity reserved by bulk user In all meters. Ltulk S.ewcr Hitting (.barge - Per Account Per Month Base Facility Charge Where Lines are Available Per EHU Nest Facility Charge Where Capacity Is Reserved, But Lina arc not Available - Per FRU Volume. Charge - per 1,000 gallons Water Afcter Balls Volume Charge - per 1,000 gallons Sewer Meter Basis Excess Volume Surcharge - Greater than 7600 gallons per month. Per FRU* 'Surcharge for bulk users will apply to now exceeding total capacity reserved by bulk user In ail mcten. Excess Sewage Strength Charge $1.29 56.19 53.10 $2.63 St.d5 S 1.29 S13.4t 56.71 52.63 $2.98 SJ.45 Sewage Charge X Ratio of Total Dissolved Solids or Biochemical Oxygen Demand in Milligrams per Iiterr250. Excess Sewage Strength Charge Applicable to Customers Required to Use Grcasetraps but who have obtained a Sewage Charge Variance due to hardship or financial unfeasibility Reclaimed caster - per_I,�000 y�llons S 0.15 sludge and Se +pIW Rates530.82 Charge per 1,001) gallons(e) S 7.51 Charge per wet ton(s) Notes: (a) Recommended rates assume domestic sludge with solids concentrations of between .5 and 2.0 percent. (b) Costs Incurred by County to sample, monitor and/or :at wastes ' to verify solids concentrations, metals, content, etc. or additional P r costs Incurred to handle or dispose of wastes with high metal concentrations or other nondomestic wastes characteristics should be recovered from the users discbarging the wastes In addition to the above charges based on formula's available In the Department of Utility S.ervlces- 2