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Home My WebLink About2000-2454D 40 AGREEMENT FOR TRANSPORTATION, TREATMENT AND DISPOSAL OF DOMESTIC WASTEWATER RESIDUAL This AGREEMENT by and between INDIAN RIVER COUNTY UTILITIES (hereinafter COUNTY) and Brevard Public Schools, whose address is 1254 South Florida Avenue, hereinafter referred to as the CUSTOMER. WITNESSETH 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 Fairglen, Pinewood, Discovery, Christa Mcauliffe, and Columbia Elementary, 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 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 'B' 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. 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. �I F:\Utilitics\UTILITY-ENGINEERING\WVrF - Central Regional\Brevard County Public School Board - Agenda - Domestic Wastewater Residual.doc Page 1 of 4 40 771 C. The maximum permissible daily residual discharges from the CUSTOMER'S residual waste stream shall not exceed 219 gallons per da Y (gpd). This anuuntt will not be exceeded without the written approval of file 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 Agrecmcot 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 COON"TY 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 he imposed by the County fir 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 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 fce not to exceed the ntaxinuun rate allowed by applicable law for all past due payments. E. 'file 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. I-. Changes in the Schedule ol'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: Sludge Residual Agreement Page 2 of 4 40 i.) The Residual Management facility hydraulic capacity is necessary to process County generated sludge residuals, and/or; ii.) The 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. a: 5 To ul'Agreemcnt: l A. Tile term of this Agreement shall be for three Q 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 [cast sixty (60) days prior to termination of the initial tern or any renewal term. In the event the i CUSTOMER tcrninates this Agreement other than as provided above, CUSTOMER shall pay to the COUNTY as liquidated damages, a stun calculated as follows: i. If the remaining tern under this Agreement is six months or more. CUSTOMER shall pay its most recent monthly charge multiplied by six (G); ii. If the remaining term under this Agreement is less than six months, CUSTOMER shall pay the most recent charge multiplied by the nunther of remaining months in the i 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 15th day of -August _.2000. (Name of Company, Contractor or Consultant) School Board of Brevard County (Rabic and Titic of Signatory) Dr. David E. Sawyer, Superintendent Witness by: (Not Required w/ Corporate Seal) County Attorney (signature) Approved as to form and Legal Sufficiency J• tcs G. Chandler, County Administrator INDIAN RIVFR COUNTY, FLORIDA Frau 13. Adams, Chairman Approved by 1313C: August 15, 2000 Attest: Jeffrey B. Barton, Clerk of the ntit met e__L.L i rtl� t Deputy Clerk �O INDIAN RIVER CO. APPPVED A C= IVY co UTILITIES DIRECTOR Hrj0 BUDGET Cl/ ;07 0 L LEGAL RISK MANAGER � 1aee3of-I ' 0 SCHEDULE OF WATER AND SEWER RATES AND CHARGES Bulk Water Billing Charge - Per Account Per Month S 1.29 ti Base Facility Charge Where Lines are Available t Per ERU S6.19 I - Base Facility Charge Where Capacity is Reserved, But Lines are not Available - Per ERU $ 3.10 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 flow exceeding total capacity reserved by bulk user in all meters. $ 4.45 Bulk Sewer Billing Charge - Per Account Per Month S 1.29 Base Facility Charge Where Lincs are Available -Per ERU $13.41 Base Facility Charge Where Capacity is Reserved, But Lincs are not Available - Per FRU $ 6.71 Volume Charge - per 1,000 gallons Water Meter Basis $ 2.63 Volume Charge - per 1,000 gallons Sewer Meter Basis S2.98 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. $ 4.45 Excess Sewage Strength Charge Sewage Charge X Ratio of Dotal Dissolves Solids or Biochemical Oxygen Demand in Milligrams Per liter/250. Excess Sewage Strength Charge Applicable to Customers Required to Use Creasetraps but who have obtained a Variance due to hardship or financial unfeasibility Sewage Charge Reclaimed water - mer 1,000 gallons $ 0.15 Sludge and Sentage Rales(b) Charge per 1,000 gallons(a) $30.82 Charge per wet ton(a) S 7.51 Notes: - - (a) Recommended rates assume domestic sludge with solids Concentration of between .5 and 2.0 percent. (b) Costs incurred by County to sample, monitor and/or test wastes to verify solids concentrations, metals, content, etc. or additional costs incurred to handle or dispose of wastes with high metal concentrations or other non-domestic waste characteristics should be recovered from the users discharging the wastes in addition to the above charges based on formula's available in the Department of Utility Services. jj eXtunrr-A I c»mm»nr[AI F�Agramem-Sludge eeeduelAgree— Stena„acoUN7YAgreememaoe - Page 4 of 4