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Home My WebLink AboutContract 35183�;i-��r ��c�E�,��v 1 �� C�NTRACT NQ . STATE OF TEXAS COUNTY OF TARRANT AGREEMENT FOR THE DISCHARGE OF PRETREATED GROUNDWATER FROM THE AIR FORCE PLANT 4, BLDG. 181 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 o� 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 AFP # 4 currently discharges treated groundwater from a restoration site beneath, AIR FORCE PLANT # 4, Bldg. 181, 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. 1. 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, Bldg. 181, Fort Worth, Texas. wa�F��;��;, ��;��;;�''�;� � vfi'J��,s;�� ;,i;,�;�'�:�C; N S(' :�1� �� ,��ii1� 5.. I{I� V' U �( c:� �S ��c: �"� l5 l��'� f! �1 ��I� !'Vi',��1��;�; U �U Ii ;� �( II� �'��'1•: (ly 6:.G»e 2. Effluent discharged from the pretreatment system will not exceed the following limitations and with any ordinance requirement: Pollutant Limit m /L Arsenic 0.1 Cadmium 0.3 Chromium total 5.0 Co er 3.0 Lead 2.9 Mercu 0.01 Nickel 2.0 Silver 0.1 Zinc 5.0 Total etroleum h drocarbons 10.0 Benzene 0.085 Toluene 0.074 Eth 1-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. 1. AFP # 4, agrees that the sewer discharge shall not exceed a rate of 240 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. 2. 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%. 3. 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. 2 4. 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 .O1 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(0)(1)(2), (p)(1)(2)(3)(4) except total petroleum hydrocarbons which is listed in standard methods, 18th edition. CITY musf receive analysis results within thirty (30) days from sampling date. c. AFP # 4, agrees that although a minimum sampling fi�equency 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. 1. 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: City of Fort Worth AFP # 4 Ms. Laly Joseph, REM, Supervisor ASC/EMR Bldg 8 Pretreatment Services Division 1801 Tenth St. Suite 2 Fort Worth Water Department Wright- Patterson Air Force Base 920 Fournier Street Ohio 45433 -7626 Fort Worth, Texas 76102 Attn: Mr. Dave Lawrence 3 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 W EREQF, the parties hereto have made and executed this Agreement this � day of �� _ _ , A.D., 200 � . CITY OF FORT WORTH �-, , ;� � �� B ,d-• .,... �..-. Y� Mr. arc A. Ott Title: Assistant City Manager � � . astian ichera, REM Title: Assistant Director Fort Worth Water Department Attest: City Secretary �O Ii��C: R�QUI�t�D �- .�,.:" � �'—�� :l c(� , ;�, ,�.��,J�';. , s.,��.,,� 4 v��' ;: '�;t�'��'�`}+.;1 `;7 � �(I�� ;;;'; i �,; .u; I�La�� j J Uo .��::I:��:�� o 1�=_�—._...�__��_..�...,.._ . Approved as to Form and Legality: � Ms: Chris Lopez Title: Asst. City Attorney Date: US AIR FORCE By: �JCs t� By: . Title: �, ,��, ��C,tirs,=�.�,��C�v,.;:��„�e�,��,(� Title �°� �,��,�� l�_;1�, i�;��s� �-�� c/�"GVl1 ,_ _ � � �� v� ._� 120SALYR� A JONES, Notary Public In anc� far the State of Ohlo t�iy �ammissl�r� E�plres ��y ��/�— S SHAW ENVIRNOMENTAL, INC. . , .. : :