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Home My WebLink AboutContract 45615 CITY SEC CONTRA CITY OF FORT WORTH,,TEXAS WASTEWATER DISCHARGE AGREEMENT This Agreement is made and entered into by and between Flint Hills Resources Corpus Christi, L (the "Company"), and the City of Fort Worth, Texas (the "City")!. For and in coin,siaer,ation of the covenants and promises contained herein, the parties hereto agree as follows: 1, PURPOSE, Col pan operates a facility located at 12485 Calloway Cemetery Road, Euless, TX 76040 known as the Euless Biodiesel Plant. Company requests approval to discharge wastewater and stogy" .water from the facility to the City's sanitary sewer system or deliver such wastewater to the City for disposal. The wastewater to be discharged or delivered to the City for disposal is to be derived from multiple sources of onsite activities including process condensate water and stormwater or other sources of nonhazardous, wastewater. Company shall perform analysis of each source of wastewater to 'Identify characteristic pollutants known or reasonably expected to be present in the wastewater. Company shall also treat said wastewater for such pollutants, if necessary to achieve the levels described herein prior to delivery to the City or discharge into the sanitary sewer. 11. COVENANTS, 1. The City agrees to receive the discharge of wastewater from the above referenced facility operated by Con ipany, if such discharge s made in m copliance with this agreement. 2. Company agrees to dispose of its wastewater only at the designated location(s) within the Village Creek Water Reclamation Facility (VCWRF) collection system. The locations for disposal shall be directed by authorized staff of the City in writing. Company shall, prior to any discharge,, have completed and provided to designated City staff an approved trip ticket/manifest form as 'issued by the City of Fort Worth Pretreatment, Services Division. 3. Company shall insure that the wastewater to be discharged shall not exceed any of the limitations from the following table: << 1. cwr,) M j Limitations 0 0 Wastewater Qualiy s XVCORD E C), FICIAL["A' 1:1111 WOM .aw ..:r,w. 1 Pollutant Effluent Concentration Units �1n711 Arsenic 0.25 mg/L Cadmium 0.15 mg/L Chromium(total) 5.0 mg/L Copper 4.o mg/L Lead 2.9 mg/L Mercury 0.01 mg/L. Nickel 2.0 mg/L Silver 1.0 mglL. Zinc 5.0 mg/L Oil&Grease 200 rngAL Cyanide 1.0 mg/L SGT-BEM 10.0 m.g1L MTE E 2.0 mg/L MEIN 1.0 mg/L. pH 5- 12 Total Toxic organics(TTO) 2.13 mg/L (EPA 624+625 compounds) All discharges shall be compliant with all City Codes, state and/or federal laws, regulations, codes, or requirements• 4. Company agrees that the sewer discharge shall not exceed an average rate of 400 gallons per minute (gpm) over the duration of time it takes the truck to unload. Company may request an increase in writing. The City will endeavor to respond within 30 days from date of receipt of such request. City reserves the right to refuse such request if, in the sole opinion of the City such requested increase will adversely affect the City's treatment plant or collection system or violate a state or federal law,regulation or requirement. 5. Company, 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 and/or exhibit a petroleum-like nuisance odor. Company will be permitted to resume discharge if sampling and investigation show that Company's treated wastewater 2 discharge is not the source of nuisance odors and/or sewer LEL levels equal to or greater than 10%. 6. Company agrees to discontinue discharges that violate any other requirements established by this Agreement and may recommence discharge only when compliance can be met as determined by the City. 7. Company shall collect and analyze samples of treated wastewater and report all results to the City 10 days prior to commencing initial delivery or discharge. Thereafter, sampling frequency shall be performed on a batch basis with samples representing wastewater at the time of proposed delivery or discharge. 8. 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). City must receive final, written results for all analyses conducted in support of this agreement within thirty (30) days from sampling date. 9. Company agrees that although a minimum sampling frequency is stated herein that continuous and consistent compliance is Company's responsibility and Company shall act accordingly to insure continuous and consistent compliance. 10. Company understands the City is a governmental entity and is subject to the Freedom of Information Act and the Texas open Government Acts. City will endeavor to provide Company with copies of any request from a third party for this information. 11. Environmental Impairment Liability (EIL) commercial insurance requirement is waived based on the review of the Company's financial status by the City's Risk Management Division. However, on an annual basis, the City may review the Company's parent credit rating as determined by S&P and/or Moody's to ensure the conditions continue to warrant accepting the self-insurance alternative. 12. Company agrees to provide the City with unfettered access to the storage site so that the City may monitor/sample at its discretion. III, COMPENSATION 13. Company 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. 3 b) Transportation Fee: A discharge fee based on the current City billing rates for the volume of wastewater discharged. See Attachment A. 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. IV.NOTICE 14. Except as a party may otherwise direct by written notice to the other, all correspondence and reports shall be directed as follows: : .........::.:. r. WE. ..rH........ ,.. .. ...._.. ,:ter' r, , n Contact Information: Contact Information: Fort worth water Department Flint Hills Resources Corpus Christi,LLC Pretreatment Services 12485 Calloway Cemetery Road 920 Fournier Street Euless,Texas 76040 Fort worth,Texas 76102 Attn: Kevin Robinson Attn: Lacy G. Joseph (81?) 554-5180 (817) 392-8305 V. INDEMNIFICATION COMPANY COVENANTS AND AGREES TO, AND DOES HEREBY, INDEMNIFY AND HOLD HARMLESS AND DEFEND THE CITY, ITS OFFICERS, AGENTS, AND EMPLOYEES, FROM AND AGAINST ANY AND ALL SUITS, ENFORCEMENT ACTION OR CLADS FOR DAMAGES OR INJURIES,INCLUDING DEATH,TO ANY AND ALL PERSONS OR PROPERTY, RESUL'T'ING FROM ANY ACT OF OMISSION OR COMMISSION ON THE PART OF COMPANY ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES OR SUBCONTRACTORS IN THE PERFORMANCE OF THIS AGREEMENT, AND COMPANY DOES HEREBY ASSUME ALL LIABILITY AND RESPONSIBILITY FOR INJURIES, CLAIMS OR SUITS FOR DAMAGES, TO PERSONS OR PROPERTY, OF WHATSOEVER KIND OF CHARACTER, WHETHER REAL OR ASSERTED, OCCURRING DURING OR ARISING OUT OF THE DISCHARGE OF WASTEWATER ON THE PART OF COMPANY ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES OR SUBCONTRACTORS IN THE PERFORMANCE OF THIS AGREEMENT. VI.AMENDMENT AND TERMINATION OF AGREEMENT 1. This Agreement may be amended in writing by mutual agreement of the parties hereto. 4 2. This Agreement shall terminate two years after the execution date (the "Initial Terra"). After the Initial Term, this Agreement shall extend and continue, on a year to year basis C'Subsequent Terms3'). Either Party may terminate this Agreement at any time during a Subsequent Term by providing the other party with 60 (sixty)days prior written notice. 3. The City may terminate this Agreement without notice at any time if, in its sole opinion, the discharge authorized thereunder is adversely affecting the City's treatment plant or collection system.. In addition, this Agreement may be terminated by the City if and when the City determines that Company's wastewater 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 NPDES permit. VII.VENUE Venue and jurisdiction of any suit, right, or cause of action arising under, or in connection with, this contract shall lie exclusively in Tarrant County,Texas. a 5 Signature Page for Wastewater Discharge IN WITNESS, WHEREOF,the parties hereto have made and executed this Agreement as of this,day of A.D., 2014. J1 4ort4"o, -Cl*ty of,Vi 6 By*- Attest* Mary Kayser Mr. Fernando Costa Title: City Secretary Title: Assistant City Manager ........... By -Sebastian "Buster"Fichera 100 Title: Assistant Water Director 0 0 A5 Approved as to Form and Le 01, B, A4 A lit) (-,It& - tuw ildw Date.- Ms: C%r-ista Reynolds Title: Sr. Asst. City Attorney Flint Hills Resources or us Christi, Lu,%-. t4w Date By: : Ti tle.- 0, F 11CIAL RECORD 6 F07 [NO M&C RV4QU1(:RUEDj Co"I'VY SECRETARY 11'"Ir's W0111TANit TX Iv Attachment A City of Fort Worth Water Department 2014 Wastewater,Rates 3-1 Mill inside Fort Worth: All Volurnies $2.6l7/CCF BOD (ewer pound) $0.260 I TSS (per pound) $0.1184 7