HomeMy WebLinkAboutPort of Pasco Pretreatment ProgramAFN # 1820727 AGREE
10/2112014 12:15 PM
7 Page(s) $78.00
Matt Beaton, Auditor
Franklin Co., WA
FILED FOR RECORD AT REQUEST OF:
City of Pasco, Washington
WHEN RECORDED RETURN TO:
City of Pasco
525 North 3"
Pasco WA 99301
MULTI - JURISDICTIONAL AGREEMENT
BETWEEN
CITY OF PASCO, WASHINGTON
AND
PORT OF PASCO
Pretreatment Program Implementation
Enforcement Agreement
THIS AGREEMENT is entered into this Vday of 2014, by and
between the City of Pasco, Washington, as the "Control Authority ", hereinafter referred
to as "City'; and the Port of Pasco, 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
WHEREAS, the Port leases buildings and properties within the Tri- Cities
Airport, Big Pasco Industrial Center, the Pasco Processing Center, and other properties
within the City of Pasco, hereinafter referred to as "Port Properties ", 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,
including the implementation and enforcement of regulations for the protection of its
POTW; and
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Enforcement Agreement - 1
dS &0
WHEREAS, the City is authorized by RCW 43.2113.300 to assess penalties for
the violation of its regulations under its industrial discharge 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
property 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:
Adoption of Standards.
A) The Port will adopt, directly or by reference, the City's
Wastewater Standards Ordinance codified ad Chapter 13.62 "Wastewater
Pretreatment Requirements" of the Pasco Municipal Code which shall be
applicable to and binding upon users within the Port Properties, including any
offsite users contributing to the wastewater facility 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 pollutant 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.
2. Designation 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 upon the Ports Properties, as well as any user contributing to the
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Enforcement Agreement - 2
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 Ports Properties and those users contributing to the
wastewater facilities subject to this Agreement; and, thereafter, provide a current
listing of such tenants on April I and October I of each year; 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.
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 Ports Properties,
but connecting to a Port facility or a line subject to this Agreement is allowed to
discharge any wastewater into the lines which flow into the City's POTW, the Port and
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 such user.
Pretreatment Program Implementation
Enforcement Agreement - 3
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 City may terminate this Agreement by providing 120 days
written notice to the Port. All benefits and obligations under this Agreement
will cease following 180 days from receipt of such notice.
D) This Agreement allows the City and its employees, agents and
contractors to come upon the Ports 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
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 sewer pretreatment program by directly
charging those participating Port Properties tenants 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
Pretreatment Program Implementation
Enforcement Agreement - 4
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.
DATED this 'e-4 day of
CITY OFFPASCO
By:" t
Title:
A IYZS
Debra . Clark, City Cleik
APPROVED AS TO FORM:
Lela err, City A omey
Pretreatment Program Implementation
Enforcement Agreement - 5
PORT OF PASCO /
By: a
Title:
STATE OF WASHINGTON)
ss.
County of Franklin
On this day of _. , 2014, personally appeared before
me Mt,'-2a(5r1k (t
h tk_.. for the City of Pasco,
Washington, described in and who executed the withm 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 r% day of
2014, 1111111/
2
NOTgRy ' NOTARY.
A = Residing at
MyCommi
0 7i 3 X0,1 •
WASM'
STA %NiIANHINGTON)
ss.
County of Franklin )
in and (or tthe State of Washington
On this -2- day of 2014, personally appeared before
me (,, f`,, ,G- for the Port of Pasco, 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 anti day of 'epf2014. f'7
Y
1
KE( i NOTARY BLIC in and for the State of Washington
561041 ,F,9 Residing at V—\- •,
NOTARY '
My Commission Expires Nayej. -u t 24o%I
PUBLtC
1w tom``
Pretreatment Program Implementation
Enforcement Agreement - 6
RESOLUTION NO 1390
A RESOLUTION of the Port Commission of the Port of Pasco adopting by reference the
Pretreatment Regulations for discharges into the City of Pasco's domestic and industrial publically
owned wastewater treatment works.
Whereas the City of Pasco has adopted Ordinance No 4169, adopting a new Chapter of the
Pasco Municipal Code, entitled "Pretreatment Regulations," which pertains to discharges into the City
of Pasco's domestic and industrial publically owned treatment works (the "Ordinance"); and
Whereas the Ordinance requires all persons connected to the sanitary sewer or industrial sewer
collection systems to produce information, and to otherwise comply with the requirements of the
Ordinance; and
Whereas the Port of Pasco owns and leases properties within the City of Pasco located at Big
Pasco Industrial Center, the Marine Terminal, and the Tri Cities Airport (the "Port Properties ") subject
to the provisions of the Ordinance, and has entered into an multi jurisdictional agreement with the City
of Pasco in which the Port agrees to adopt the City of Pasco's wastewater standards ordinance; and
Whereas RCW 53.08.220 provides that a port district may formulate and adopt regulations for
the use of Port properties and facilities by tenants and others, after a hearing as provided by statute; and
Whereas the Port Commission on September 25, 2014 conducted a hearing on the regulations
hereinafter set forth after publication of the hearing in a legal newspaper of general circulation in the
ports district ten days prior thereto; now therefore
IT IS HEREBY RESOLVED that the Port of Pasco hereby adopts by reference as hereafter
amended the City of Pasco's Wastewater Treatment Requirements and all provisions thereof as set
forth in Chapter 13.62 of the Pasco Municipal Code (the "Wastewater Standards Ordinance "), which
shall be binding upon and applicable to users of Port Properties; and
IT IS FURTHER RESOLVED that the Port of Pasco hereby adopts by reference the City's
pollutant specific local limits as set forth in the City of Pasco's Wastewater Standards Ordinance; and
IT IS FURTHER RESOLVED that the Port of Pasco designates the City of Pasco as the agent
of the Port for the purpose of implementation and enforcement of this resolution upon the Port's
Properties, as well as any use contributing to the wastewater facilities subject to this resolution.
ADOPTED by the Board of Commissioners of the Port of Pasco on this 25a' day of September,
2014 and duly authenticated in open session by the signatures of the Commissioners voting in favor
thereof.
PORT OF PASCO
Je Ryckman, Seetary