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Home My WebLink About2000-199C> Cil " got AGREEMENT POR TRANSPORTATION, TREATMENT AND DISPOSAL OF DOMESTIC IVASTEif ATER RESIDUAL This AGREEMENT' by and between INDIAN RIVER COUNTY UTILITIES (hereinafter COUNTY) and hn 1311tesfor SERV E MAN EMENT SYSTE S INC. whose address is 235 Hammock Shore Drive, Melbourne Beach, Florida 32.951, hereinafter referred to as the CUS'T'OMER. IVITTNESSE TH THAT WHEREAS, the COUNTY is the owner and operator of a Residuals Management Facility (dewatering facility), Perrnit # PLA -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 Aquarina 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 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: 1 Nothing in this Agreement sliall supersede or take precedence over the obligation and responsibility of each party to operatc 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 (lie residuals to level `Ii' or above none of said residuals shall be mixed with unstabihzed material. The use of lime for stabilization is prohibited. If mixing has occurred, the entire load will be required to be stab.'!ized at the SOURCE. I3. `1"lre 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. Sludgy Residual Apeomm 11ai;e 1 44 d ll I.� 1 N S LN Y{'d{ li' 1',•I rtin N � 111 Y Y 4' I ":r .I•.N I N I'.1. K' N" 11 � t'ea�e rk Nrp,rrl An,ar�N Y1ul�e Nn,dud R�,rrnrcr�N ,i,e • 4W 40 C. The maximum permissible residual discharges from the CUSTOMER'S residual waste stream shall not exceed 5.000 gallons per year gMJ. 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 dowatering facility and residuals disposal site (landfill) in compliance with FAC, Chapter 62-640 B. To accept responsibility for the proper measurement and dowatering 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 raffles, regulations and directives require modification of this Agreement, and each will negotiate in good faith to make such modification. B. Upon arrival onsito for treatment of residuals from the CUSTOMER'S plant, the COUNTY has die right to rcfusc 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 dewatcring/chcffnical 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 (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 nff<nde when duo, 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 hr 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 Liffe COUNTY Wastewater Treatffncnt 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 die Agreement on tit} -days written notice in the event. L) The Residual Management Facility hydraulic capacity is necessary to process County generated sludge residuals, and/or, '+ylrrr�pdb•Afa>Fw lrnf.ltV rNUMrkKM—WWTr'•Vsr"PU"vWA".wm Skoda+Ad. NWdKe R"idual Aipa� ,a Page 2 A, } • 40 40 ii.) The CUSTOMER residual has the. potential to interfere or contravene the operations and/or maintenance of'the Publicly Owned Treatment Works (Wastcwater'I'rcatment Facility) as a result of either organic and/or hydraulic loading. S Term of Agreement: A. The terra of this Agreement shall be for three 3years 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 above, CUSTOMER shall pay to the COUNTY as liquidated damages, a sum calculated as follows: i. If the remaining tetnt under this Agreement is six months or more, CUSTOMER shall pay its most recent monthly charge multiplied by six (G); ii. if the remaining tern 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 those presence to be executed this A5 day of 2000. jin of Company,Contractor ar Coltsuleant) and Title of Signatory"} .s011168, c;: r.r�1 Wit 'seby. {Not Required w/ Corporate Seal} 1'>',. County Attorney (signature) Approved as to Form and Legal Sufficiency J. es E. Chandler, County Administrator INDIAN RIVER. COUNTY, FLORIDA Caroline D. Ginn, Vic. Chairman Approved by BSC: 06-20-2000 Attest: Jeffrey B. Barton, Clerl{ �0imuitbu Deputy Clerk 114,14- 1 Tilt. lil- I.tir i9'it 1 Nt':1..,5415"1 kI'mn.lN,,,dAr — A4sb. 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