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Home My WebLink About2000-133E-1 4 1 A+GRE'EMENT FOR TRANSPORTATION, TREATMENT ANIS DI.SP(AVA L OF i DOME.YTIC WA.STEWATF.R RESIDUAL Tins AGREEMENT by and between INDIAN RIVER COUNTY UTILITIES (hcreinafter COUNTY) and Koka Moon Kwnp5ites, whose address is 2405 Pluckebaum Read, Cocoa, Florida 32426, hereinafter referred to as the CUSTOMER. WITTNESRETH THAT WHEREAS, the COUNTY is the owner and operator of a Residuals Management Facility (dewatering facility), Permit 11 FLA -010434-001. WHEREAS, said treatment and disposal site (Class f 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 Koka Moon Kampsites 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 CUSTOMER to enter an Agreement for the handling of sludge residuals; NOW "1-1 IFREFORF, 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: 1 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 sched ale stated in FAC, Chapter 62.640. 2 The CUSTOMER hereby covenants and agrees: A. If the CUSTOMER stabilizes the residuals to level 'f3' 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 load 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 dettnod by applicable federal, state and local laws or restrictions. 51uLlge Nnidoal Agreement Page 1 of 3 40 f 40 The maximum permissible daily residual discharges from the CUSTOMER'S residual waste stream shall not exceed 100 uallons Per daft (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 Itis 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 C'USTOMER'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 dewatcting. The CUSTOMER will be responsible for the removal and proper disposal of the transported material. If such residual requires further treatment, such as outside dewateringfchctnical addition then a surcharge fee may be imposed by the County far said additional treatment. C. It is specifically agreed and understood by all parties hereto, that the prevailin; rate established by Indian River County Utilities Department (See Exhibit -A attached) 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 CUS'T'OMER and the Florida I]epartment of Environmental Protection. COUNTY may impose, and CUs'rOMFR 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 ilia 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. G. COUNTY reserves the right to terminate the Agreement on 60 -days written notice in the event: i.} The Residual Management Facility hydraulic capacity is necessary to process County generated sludge residuals, and/or; Sin* Rrskbwl Rtvmmenl I'd 60 2 0£ 3 C> i • ii.) 'Ilie CUSTOMER residual has the potential to interfere or contravene the operations and/or maintenance of the Publicly Owned Treatment Works (Wastewater Treatment Facility) as a result of either organic and/or hydraulic loading - 5 Tenn of Agreement: A. The term of this Agreement shall be for (hrce Q) years from the efFectiue date of service and shall be automatically renewed for like leans unless either party shall give written notice of termination (Certified Mail, UPS, or equivalent) to the other ILI least sixty (60) days prior to teen nation of tine initial tern or any renewal temr. In the event the C'US'TOMER 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 renin under this Agreement is less than six months, CUS'T'OMER shall pay the most recent charge multiplied by the number of remaining months in the term. B. This AGRFrMENT shall be binding on the parties and their successors and assigns. IN WITNESS WHEREOF, the parties have caused Those presence to be executed this 2nd day of May 2000. (Name of Company, Contractor or Consultartl) P-,fjt k�\. e, r7 L{._ U �. (Name id Title of Signatory) Witness by: (Not Regtftred w/ Corporate Sent) Counly Attorney (signature) Approved as to Dorm and Legal Sufficiency Ames E. Chandler,. County Administrator INDIAN RIVER COUNTY, FLORIDA —� s` �� yell'+ E"ran B. Adams, Chairman Approved by BBC: 05-02-2000 Attest: Jeffrey B. f3 , Clerk of the Circuit Court PATRICIA M. RiOGIMIAttyClerk Slu* RLM"[ men, Page 3 or 3 4W SCHEDULE OF WATER AND SEWER RATES, FEES AND CHARGES u Water { Billing Charge - Per Account Per Month 51.29 � Base Facility Charge Where Lines are Available + - Per ERU 56.17 Base Facility Charge Where Capacity Is Reserved, But Lines are not Available - Per ERU 53.10 Volume Charge - per 1,000 gallons Water Meter Basis $2.63 Excess Volume Surcharge - Greater than 7600 gallons per month - Per ERU' "Surcharge for bulk users will apply to flaw exceeding total capacity reserved by bulk user in all meters. 54:45 Bulk S_ ewer Billing Charge - Per Account Per Month 51.29 Base Facility Charge Where Lines are Available - Per ERU S13.41 Base Facility Charge Where Capacity is Reserved, But Lines are not Available - Per ERU 56.71 Volume Charge - per 1,000 gallons Water Meter Basis 52.63 Volume Charge - per 1,000 gallons Sewer Meier Basis 52.99 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 all meters. 54.45 Excess Sewage Strength Charge Sewage Charge X Ratio of Total Dissolved Solids or Biochemical Oxygen Demand In Milligrams per liter/250. Excess Sewage Strength Charge Applicable to Customers Required to Use Creaselraps but who have obtained a Variance due to hardship or financial unfeasibility Sewage Charge Reclaimed seater- per 1,000 gallons S0.15 Studge and Sep Inge Rates[b} Charge per 1,000 gallons(a) 530.92 Charge per wet ton(a) S 7.51 Notes: (a) Recommended rates assume domestic sludge_ with solids concentrations of between ,5 and 2.0 percent. (b) Casts incurred by County to sample, monitor and/or test wastes to verify solids concentrations, metals, content, cec. or additional costs incurred to handle or dispose of wastes with high metal concentrations or other nondomestic waste characteristics should be recavered from the users discharging the wastes In addition to the above charges based on formula's available In the Department of Utility Services.