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,
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Enforcement Agreement - 1
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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.
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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.
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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
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PORT OF W L W�A / /' jLL A
By:
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STATE OF WASHINGTON)
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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.
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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
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Pretreatment Program Implementation
Enforcement Agreement - 6