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HomeMy WebLinkAboutContract 41996 (2)STATE OF TEXAS COUNTY OF TARRANT AGREEMENT FOR THE DISCHARGE OF PRETREATED GROUNDWATER FROM 3900 ANGLE ROAD, TO THE PUBLIC SEWER SYSTEM CITY SECRETARY, CONTRACT NO...�.... This agreement is made and entered into by and between LAFARGE CORPORATION, (On behalf of LAFARGE) Fort Worth, Texas, 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. LAFARGE requests approval for the sewer discharge of groundwater from beneath, Cement Kiln Dust (CKD), landfill, located at 3 900 Angle Road, Fort Worth, Texas 76106. LAFARGE proposes performing analysis of the groundwater to identify characteristic pollutants known or reasonably expected to be present in the wastewater. LAFARGE also proposes to treat said wastewater for such pollutants to the levels described herein prior to discharge into the sanitary sewer. 2. The proposed discharge would enter the sewerage system of CITY. II. COVENANTS 1. The CITY agrees to receive pretreated effluent from a wastewater recovery and pretreatment system operated by LAFARGE, located at 3 900 Angle Road, Fort Worth, Texas 76106. 2. LAFARGE, agrees to install and operate a pretreatment facility for the treatment of water prior to discharge into the public sanitary sewerage system. The pretreatment system shall (at a minimum) consist of: Provisional Treatment System Pretreatment system consist of an existing 1,000-gallon concrete oil & grease interceptor and two (2) 20,000 frac tanks and pumps. Water is pumped from the oil & grease interceptor to the frac tanks where a technician adds a neutralizing agent, tests the wastewater to ensure the pH is >_5.0 and <12.0, and discharges treated water to the Fort Worth wastewater collection system. OFRR ,1AL RECORD Crflr SECRETARY fl WORM, TX Automated Treatment System The automated treatment system will utilize pumps to transfer water from the existing 1000 gallon oil & grease interceptor, into a batch vault, neutralization chemical will be added and mixed, upon pH reaching a range of >5 < 12, treated wastewater will be discharge into the Fort Worth wastewater collection system. An actuator will be installed to automatically shut -down discharge in the event pH is The pH monitoring system will automatically shut off discharge flow by closing an actuator valve and shutting down the discharge pump in the event that the pH level is outside of the permitted range. The main components of the system will include: • Shef 100 (220 volt) effluent pump • Acid Pump • Two (2) lined acid vaults — 3'x 3'x 3'6" slab top with 3'x 3'aluminum door • Lightnin Mixer Model EV5P25 • One (1) aboveground settling vault — concrete 4'x 8'x 4'ID with 3' baffle and lid • One (1) 4 drum pallet/spill containment • One (1) 2" valve • One (1) EVR2 Actuator valve • One (1) 4" valve • One (1) EVR3 Actuator valve • One magnetic discharge flow meter b) Sample points installed on influent and effluent lines for water quality monitoring; and c) A flow meter installed to totalize effluent volume in cubic feet. d) Automated system must be installed within days after the execution date of this agreement. /2° 6),`1(U Effluent discharged from the pretreatment system will not exceed the following limitations: All discharges shall be compliant with any ordinance requirement Pollutant Ordinance requirement (Daily mg/L) Arsenic 0.25 0.15 Cadmium 5.0 Chromium(total) Copper 4.0 2.9 Lead 0.01 Mercury Nickel 2.0 Silver 1.0 5.0 Zinc Effluent discharged from the pretreatment system will not exceed the following limitations: pH in standard units must be between 5.0 and 12.0. All discharges shall be compliant with any ordinance requirement of the CITY or requirement of the Publicly Owned Treatment Works (POTW), and any state and/or federal: laws, regulations, codes, or requirements. 3. LAFARGE, agrees that the sewer discharge shall not exceed a rate of 30 gpm (gallons per minute); with an average flow of 10 gpm. If an increase is desired, LAFARGE, will 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. 4. LAFARGE, 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. LAFARGE, will be permitted to resume discharge if sampling and investigation show that LAFARGE, treated wastewater discharge is not the source of nuisance odors and/or sewer LEL levels equal to or greater than 10%. LAFARGE, also agrees to discontinue discharges that violate the discharge requirements established by this Agreement and may recommence discharge only when compliance is assured. 5. LAFARGE, 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. Samples to be used for reporting purposes must, at a minimum, be collected monthly and analyzed for pH and TSS., and any other pollutants identified at quantifiable levels. 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. LAFARGE, agrees that although a minimum sampling frequency is stated herein that continuous and consistent compliance is LAFARGE's responsibility and LAFARGE, 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 LAFARGE, with copies of any request from a third party for this information. 3 6. LAFARGE, 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, City may need to review LAFARGE, financial reports on an annual basis to ensure the conditions continue to warrant accepting the self- insurance alternative. 7. LAFARGE, agrees to provide the CITY with access to the monitored site so that the CITY may monitor/sample at its discretion. CITY agrees, insofar as permitted by law, to keep all results of these samples confidential. 8. LAFARGE, 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 wastewater discharged. 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 Ms. Laly Joseph, REM Environmental Program Manager Pretreatment Services Division Fort Worth Water Department 920 Fournier Street Fort Worth, Texas 76102 LAFARGE 'CORPORATION Mr William E. Voshell Regional Environmental Manager U S East Business Unit Lafarge Corporation Cement Group/ U. S. Operations 12735 Morris Road Extension, Suite 300 Alpharetta, Georgia 30004 III. INDEMNIFICATION LAFARGE, 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 or claims 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 LAFARGE, its officers, agents, servants, employees or subcontractors in the performance of this Agreement, and LAFARGE, does hereby assume all liability and responsibility for injuries, claims or suits for damages, to persons or 4 property, of whatsoever kind of character, whether real or asserted, occurring during or arising out of the performance of this Agreement, as a result of any negligent act of omission or commission on the part of LAFARGE, its officers, agents, servants, employees or subcontractors in the performance of this Agreement, provided, however, that LAFARGE liability shall be limited to that established in Article 6252-19, Texas Revised Civil Statues, and other applicable state statutes and constitutional provisions. 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 after two years after the execution date. If further discharge of treated water is required after the end of this Agreement, LAFARGE, may request renewal of this Agreement. 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 LAFARGE, 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 TPDES permit. 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. IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement this I CI day of , A.D., 20 CITY OF FORT WORTH Attest: kgkereftx "Attsic0 t, SecretgY o° cin �� .. % ()%6 otj* 8 4: fral 0 By: 1 NO Net&C _ ifra••••••‘ 40.1 REQUIRED 1 -1 - Mr. Fernando Costa Title: Assistant City Manager Sebastian lie-h`era, REM Title: Assistant Water Director. Fort Worth Water Department OFFICIAL. RECORD CITY SECRETARY 5 flt WORTH, TX Approved as to Fend Legality: Ms. Christa e - 1 r'TwtztS Title: Assistant City Attorney LAFARGE CORPORATION By: attobm Vositee Date: 6,44e, g ?.o/c Date: Title: (AAA to 0ft r41 017 - OFFICIAL RECORD CITY SECRETARY pro WORTi.i, TX 6