HomeMy WebLinkAboutContract 38740CITY SECRETARY
CONTRACT NO. 1 C�
STATE OF TEXAS
COUNTY OF TARRANT
AGREEMENT FOR THE DISCHARGE OF PRETREATED GROUNDWATER FROM
THE AIR FORCE PLANT 4 , EAST PARKING LOT TO THE PUBLIC SEWER
SYSTEM
This agreement is made and entered into by and between the owners of Air Force Plant Four,
Aeronautical Systems Center of the U. S. Air Force Material Command (AFP # 4), Wright
Patterson Air Force Base, Ohio, and the City of Fort Worth (CITY). For and in consideration of
the covenants and promises contained herein, the parties hereto agree as follows:
I. RECITALS
1. AFP # 4 currently discharges treated groundwater from a restoration site beneath, AIR
FORCE PLANT # 4, EAST PARKING LOT, Fort Worth, Texas. AFP # 4, performs
analysis of the groundwater to identify characteristic pollutants known or reasonably
expected to be present in the groundwater. AFP # 4, also treats said groundwater for such
pollutants to the levels described herein prior to discharge into the sanitary sewer.
2. AFP # 4 operates a pretreatment facility for the treatment of groundwater prior to the
discharge into the public sanitary sewerage system. The pretreatment system consists of :
a. A facility to treat the groundwater to acceptable and safe limits prior to discharge
to the sanitary sewerage system
b. Sample points installed on influent and effluent lines for water quality monitoring;
and
c. A flow meter installed to total effluent volume in cubic feet.
3. The discharges enter the sewerage system of CITY.
II. COVENANTS
1. The CITY agrees to receive pretreated effluent from a groundwater recovery and
pretreatment system operated by AFP # 4 at AIR FORCE PLANT, EAST PARKING
LOT, Fort Worth, Texas.
OFFICIAL RECORD
CIIYSEMARY
FT. WORM U
06-23-0 9 AJ7:46 IN
2. Effluent discharged from the pretreatment system will not exceed the following
limitations and with any ordinance requirement,
Pollutant
Limit m
Arsenic
0.25
Cadmium
0.15
Chromium total
5.0
Copper
4.0
Lead
2.9
Mercury
0.01
Nickel
2.0
Silver
1.0
Zinc
5.0
Total petroleum hydrocarbons
10.0
Benzene
0.085
Toluene
0.074
Ethyl -benzene
0.142
X lene
0.050
Trichloroeth lene TCE
0.085
Dichloroeth lene DCE
0.066
All discharges shall be compliant with the Applicable or Relevant and Appropriate
Requirements (ARARs) identified in the Record of Decision dated August 26, 1996 and
then modified on March 9,1999.
3. AFP # 4, agrees that the sewer discharge shall not exceed a rate of 150 gpm (gallons per
minute); if an increase is desired, AFP # 4, will request an increase in writing. The CITY
will endeavor to respond within 30 days from date of receipt of such notification. The
CITY reserves the right to refuse such request if, in the sole opinion of the CITY, and
based on its best engineering judgment, such requested increase will adversely affect the
CITY's treatment plant or collection system. Under no circumstances will AFP # 4
increase the rate of flow until the CITY approves in writing such an increase.
4. AFP # 4, agrees to discontinue discharges if the sewer lines receiving the discharge are
found at any time to contain an atmosphere equal to 10% of the lower -explosive limit
(LEL) and/or exhibit a petroleum -like nuisance odor AFP # 4, will be permitted to resume
discharge if sampling and investigation show that AFP # 4, treated groundwater discharge
is not the source of nuisance odors and/or sewer LEL levels equal to or greater than 10%.
5. AFP # 4, also agrees to discontinue discharges that violate the discharge requirements
established by this Agreement and may recommence discharge only when compliance is
assured.
6. AFP # 4, agrees to collect and analyze samples of the influent (prior to treatment) and the
effluent (discharge after treatment) and report all results to the CITY.
a. Samples to be used for reporting purposes must, at a minimum, be collected
monthly and analyzed for benzene, toluene, ethyl benzene, xylene, total petroleum
hydrocarbon, TCE, DCE and any other pollutants identified at quantifiable levels
and regulated herein. However, if analysis of the initial samples for benzene,
toluene, ethyl benzene, xylene shows concentrations to be below detection limits of
.01 mg/L(unless dilution or interference would give cause for adjustment of
detection limits), analysis for that compound shall not be required more frequently
than semi-annually, so long as the semi-annual analysis continues to be below
detection limits conducted.
b. Sample collection, analytical and notification procedures must conform to methods
approved by the U.S. Environmental Protection Agency, listed in 40 CFR 136 and
40 CFR 403.12 (o) (1) (2), (p) (1) (2) (3) (4) except total petroleum hydrocarbons which
is listed in standard methods, 18th edition. CITY must receive analysis results
within thirty (30) days from sampling date.
c. AFP # 4, agrees that although a minimum sampling frequency is stated herein that
continuous and consistent compliance is AFP # 4's responsibility and AFP # 4,
will act accordingly to insure continuous and consistent compliance. CITY agrees
insofar as permitted by law, to keep all these reports and results confidential and
will endeavor to provide AFP # 4, with copies of any request from a third party for
this information.
7. AFP # 4, agrees to compensate the CITY for the cost -of --doing business in the following
amounts:
a) Monitoring Fee: A payment of $5000 for the cost of administering and
monitoring the discharge during the agreement period.
b) Transportation Fee: A discharge fee based on the CITY billing rates for the
volume of groundwater discharged.
8. The Monitoring Fee shall be paid to the CITY prior to the commencement of discharge.
The Transportation Fee shall be paid to the CITY upon receipt of a bill for services.
9. Except as a party may otherwise direct by written notice to the other, all correspondence
and reports shall be directed as follows:
Ms. Laly Joseph, REM, Manager
Pretreatment Services Division
Fort Worth Water Department
920 Fournier Street
Fort Worth, Texas 76102
ASC/EMR Bldg 8
1801 Tenth St. Suite 2
Wright- Patterson Air Force Base
Ohio 45433 -7626
Attn: Mr. Dave Lawrence
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III. REIMBURSEMENT
Subject to the availability of funds, AFP # 4, covenants and agrees to reimburse the CITY, its
officers, agents, and employees, for damages or injuries, including death, to any and all persons
or property, resulting from any negligent act of omission or commission on the part of AFP # 4,
its officers, agents, servants, employees or subcontractors in the performance of this Agreement.
AFP # 4, further agrees to reimburse the CITY for damage to its sanitary sewer system that are
directly caused by discharges in excess of those described in paragraph 2 above. AFP # 4
liability will be subject to any defenses available under CERCLA Section 107 (b) and limitations
of liability set forth in the Federal Tort Claims Act or other applicable Federal Law. Nothing in
this agreement shall be construed as implying that the United States Congress will, at a later date,
appropriate funds sufficient to meet deficiencies.
IV. AMENDMENT AND TERMINATION OF AGREEMENT
1. This Agreement may be amended in writing by mutual agreement of the parties hereto.
2. This Agreement shall terminate two years after the execution date. If further discharge of
treated groundwater is required after the end of this Agreement, AFP # 4, may request
renewal of this Agreement.
3. The Agreement may be terminated by the CITY if and when the CITY determines that
AFP # 4 , groundwater discharge will subject the CITY to fines, penalties, administrative
orders or any enforcement action by state or federal agencies, or require CITY to perform
treatment to remove toxicity, including any additional biomonitoring requirements for
compliance with CITY's Texas Pollutant Discharge Elimination (TPDES) permit.
IN WIT ESS WHEREOF, the parties hereto have made a d executed this Agreement this��
day of , A.D., 200
CITY OF FORT WORTH
Mr. Fernando Costa
Title: Assistant City Manager
Attest:
City Secretary
NO MSC ItI:C�IIII�I?;'� ._�
Mr. Sebastia%chera, REM
Title: Assistant Director
Fort Worth Water Department
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Approved as to Form and Legality:
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Ms: ChlYsta Reynolds
Title: Asst. City Attorney
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By:
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Date: co 'r;L - (b 9
SHAW ENVIlZNOMENTAL9 INC.
By: FL4 �n /I /L/,�-�c o /ivy Zo.+
Title:
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ROSALYN A JONES, Notary Public
In ®nd for fh® State of Ohlo
My Commisslon Expires �11dOWA%
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