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HomeMy WebLinkAboutPort of Walla Walla Pretreatment ProgramFILED FOR RECORD AT REQUEST OF: City of Pasco, Washington WHEN RECORDED RETURN TO: City of Pasco 525 North P Pasco WA 99301 AFN # 1820728 AGREE 10121/2014 12:15 PM 6 Page(s) $77.00 Matt Beaton, Auditor Franklin Co., WA MULTI - JURISDICTIONAL AGREEMENT BETWEEN CITY OF PASCO, WASHINGTON AND PORT OF WALLA WALLA Pretreatment Program Implementation Enforcement Agreement THIS AGREEMENT is entered into this�day of�, 2014, by and between the City of Pasco, Washington, as the "Control uthoriV hereinafter referred to as "City'; and the Port of Walla Walla, as the "Contributing Jurisdiction ", hereinafter referred to as "Port", and jointly referred to as the "Parties." WHEREAS, the City owns and operates Publicly Owned Treatment Works (POTW) with the capacity for treatment of industrial, commercial and residential wastewater and, by agreement of February 21, 2012, entered into an Interlocal Agreement with the Port of Walla Walla for wastewater treatment and disposal services serving commercial and industrial uses located within the Port's Burbank Industrial Park and Burbank Business Park; and WHEREAS, the Port leases buildings and properties within the Burbank Industrial Park and Burbank Business Park, and in addition, offsite commercial, public and residential users may likewise contribute wastewater through connections to the Port's wastewater facility which will be processed by the City's POTW, collectively referred to herein as "users "; and WHEREAS, the City has pursuant to RCW 90.48.165, been delegated authority from the Department of Ecology for the issuance of permits for the discharge of wastes, Pretreatment Program Implementation Enforcement Agreement - 1 a3 (o including the implementation and enforcement of regulations for the protection of its POTW; and WHEREAS, the City is authorized by RCW 43.2113.300 to assess penalties for the violation of its regulations for discharges into its POTW for the protection of the public and its POTW; and WHEREAS, as a condition under 40 CFR Part 403 and Chapter 90.48 RCW, the City and the Port must enter into a Multi- Jurisdictional Agreement whereby the City's Wastewater Standards Ordinance is adopted and subjects the users upon the Port's Burbank Industrial and Burbank Business Park property, as well as those offsite users, for compliance with the necessary pretreatment controls for discharge into the City's POTW. NOW, THEREFORE, in consideration of the mutual covenants contained herein and other valuable consideration, the parties agree as follows: 1. Adoption of Standards. A) The Port will adopt, directly or by reference, the City's Wastewater Standards Ordinance codified as Chapter 13.62 "Wastewater Pretreatment Requirements" of the Pasco Municipal Code which shall be applicable to and binding upon users within the Burbank Business Park and the Burbank Industrial Park including any offsite users contributing to the wastewater treated by the City's POTW. The Port will adopt its Wastewater Standards Ordinance on or before December 31, 2014. B) Whenever the City revises its Wastewater Standards Ordinance, it will forward a copy of the revisions to the Port. The Port will adopt revisions to its Wastewater Standards Ordinance that are at least as stringent as those adopted by the City. The Port will forward to the City for review its proposed revisions within 90 days of receipt of the City's revisions. The Port will adopt its revisions within 180 days of receiving approval from the City of the content thereof. C) The Port, by adoption by reference of the City's Wastewater Standards Ordinance, adopts the City's pollutants specific local limits. If the City makes any revisions or additions to its local limits, the City will forward to the Port a copy of such revisions or additions within 30 days of enactment thereof. The Port will adopt such revisions or additions within 180 days of receipt thereof. Pretreatment Program Implementation Enforcement Agreement - 2 2. Desienation for Enforcement and Implementation A) The Port designates the City as the agent of the Port for the purpose of implementation and enforcement of the Port's Wastewater Standards Ordinance at the Burbank Business Park and Burbank Industrial Park, as well as any user contributing to the wastewater facilities subject to this Agreement. The City may take any action under the Port's Wastewater Standards Ordinance that could have been taken by the Port, including the enforcement of the ordinance in courts of law. Jurisdiction and venue for the enforcement of the Wastewater Standards Ordinance shall be placed in Franklin County, Washington. B) The Port shall provide, on or before October 1, 2014, a listing of all tenants within the Burbank Business Park and Burbank Industrial Park and those users contributing to the wastewater facilities subject to this Agreement; and, thereafter, provide a current listing of such tenants, within thirty (30) days, of the entry or connection of users and any terminating users; thereby, providing a current listing of all users contributing to the wastewater facilities. C) The City, on behalf of and as agent for the Port will perform all technical and administrative duties necessary to implement and enforce the Port's Wastewater Standards Ordinance. The City will: 1) Update the industrial waste survey. 2) Issue permits to all users required to obtain a permit. 3) Conduct inspection, sampling, and analysis. 4) Perform enforcement activities. 5) Perform any other technical or administrative duties the parties deem appropriate. In addition, the City may take emergency action to stop or prevent any discharge which presents or may present an imminent danger to the health or welfare of humans, which reasonably appears to threaten the environment, or which threatens to cause interference, pass through or sludge contamination, or other damage to the City's POTW. Pretreatment Program Implementation Enforcement Agreement - 3 D) If the City takes enforcement actions against any Port tenant or user contributing wastewater to the facility, the City will also notify the Port of said pending action. 3. Offsite User. Before an offsite user located outside the Burbank Business Park and/or Burbank Industrial Park, is allowed to discharge any wastewater into lines which would flow into the City's POTW, the Port and the City will enter into an agreement, or secure a binding user agreement for such discharge. Such agreement will be substantially equivalent to this Agreement and must be entered into prior to a discharge from any subsequent user. 4. General Terms. A) If any term of this Agreement is held to be invalid in any judicial action, the remaining terms will be unaffected. B) The parties will review and revise this Agreement to ensure compliance with the Federal Clean Water Act (42 U.S.0 § 1251 et seq.) and rules and regulations (see 40 CFR Part 403) issued thereunder, as necessary, but at least once every six years on a date to be determined by the parties. C) The term of this Agreement shall be commensurate with the term of that Interlocal Agreement for wastewater treatment and disposal services between the City and Port commencing upon the full execution of this Agreement, together with the adoption of the City's Wastewater Ordinance on or before December 31, 2014, and terminate as provided in Section 9 of the Interlocal Agreement. D) This Agreement allows the City and its employees, agents and contractors to come upon the Port's Burbank Park and Burbank Industrial Park properties and take such actions as reasonably necessary for the implementation and enforcement of the Wastewater Standard Ordinance and this Agreement. During such events, each party agrees to indemnify and hold harmless the other party, its employees, agents and contractors from any and all claims that may arise from such actions due to the negligent acts or omissions of its own employees, agents, and contractors. E) If the authority of the City to act as agent for the Port under this Agreement is challenged by a user in an administrative proceeding or court of law, or otherwise, the Port will take whatever action is necessary to ensure the implementation and enforcement of its Wastewater Standards Ordinance against its users, including, but not limited to, implementing and enforcing its Pretreatment Program Implementation Enforcement Agreement - 4 Wastewater Standards Ordinance on its own behalf and/or amending this Agreement to clarify the City's authority. F) The Port hereby authorizes the City to seek reimbursement for implementing and enforcing this Wastewater Standard Ordinance by directly charging those participating tenants or users for said costs and/or recovering said costs through the user permits. G) For the purpose of this Agreement, time is of the essence. H) Should any dispute arise concerning the enforcement, breach or interpretation of this Agreement, the parties shall first meet in a good faith attempt to resolve the dispute. Any unresolved dispute shall be submitted to arbitration. The dispute shall be submitted to a single arbitrator mutually agreed by the parties. If the parties are unable to agree, the arbitrator shall be determined by the Franklin County Superior Court, and arbitration shall be conducted pursuant to RCW 7.04A, with both parties waiving the right to jury trial in the event of a de novo appeal. Arbitration shall be conducted in Pasco, Franklin County, Washington, and the costs of the arbitration shall be equally borne by the parties, and the arbitrator shall award, as additional judgment against the other, attorney's fees and costs to the prevailing party. IN WITNESS WHEREOF, the undersigned are authorized to sign this Agreement on the date and year first written above. CITY OF PASCO C : A EST: APPROVED AS TO FORM: Leland err, City Attorney Pretreatment Program Implementation Enforcement Agreement - 5 PORT OF W L W�A / /' jLL A By: Title: 7 !_dea r✓t, )Wvvlar STATE OF WASHINGTON) ss. County of Franklin C On this '� day of , 2014, personally appeared before me}�`G� V1k+i for the City of Pasco, Washington, described in and who execute the within and foregoing instrument, and acknowledged he signed the same as his free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal this - _ day of 4946p� 2014. ,\ �,, ��5s�o�i'•. fib,. �. ��. Etc; ••,9, N *"NOTAPy`N� • PUBLIC NOTARY PUBLY in ar Residing at My Commission Expires of Washington 71 3 STATE OF f11�VGTON) : ss. County of Worn woAkn ) On this 2tq day of SepAem�ne.t" 2014, personally appeared before me %omen, M. Kun±7_ , Execu +iue IJicericr for the Port of Walla Walla, described in and who executed the within and foregoing instrument, and acknowledged he /she signed the same as his/her free and voluntary act and deed for the uses and purposes therein mentioned GIVEN under my hand and official seal this day of 2014. C� Q ` �S ro��F9�0 e tO l C 0 Washington Residi g a3145 f61mh WOA Q 1t)Cfg U A W5(o2., *:� �•� :arc My Commission Expires 01/18/.y)18 �N,:2 jDUBUC m•_2 Pretreatment Program Implementation Enforcement Agreement - 6