HomeMy WebLinkAboutContract 25844 t
CITY SECRETARY
CONTRACT NO. y�
STATE OF TEXAS
COUNTY OF TARRANT
AGREEMENT FOR THE DISCHARGE OF PRETREATED GROUNDWATER FROM
AIRFORCE 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 Materiel 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: recitals
I. RECITALS
1. AFP#4 currently discharges treated groundwater from a restoration site beneath AIRFORCE
PLANT#4, EAST PARKING LOT, Fort Worth, Texas. AFP#4 performs analysis of this
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 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 the 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 #4, EAST PARKING
LOT, Fort Worth, Texas.
2. Effluent discharge from the pretreatment system will not exceed the following limitations:
a. Total petroleum hydrocarbons - 1.0 mg/L
b. Benzene - 0.050 mg/l
c. Toluene - 0.050 mg/L
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d. Ethyl-benzene -0.050 mg/1
e. Xylene- 0.050 mg/1
f. Trichloroethylene (TCE) -0.005 mg/1
g. Dichloroethylene (DCE) - 0.005 mg/l
h. All discharges shall be compliant with the Applicable or Relevant and Appropriate
Requirements (ARARs) identified in the Record of Decision dated August 26, 1996.
3. AFP#4 agrees that the sewer discharge shall not exceed a rate of 150 gpm(gallons per
minute); if an increase is required, AFP#4 will notify the CITY 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 judgement, 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 increase.
4. AFP#4 agrees to discontinue discharges if the sewer lines receiving the discharges 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 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, and
xylene shows concentrations to be below detection limits of 0.01 mg/L(unless dilution or
interference would give cause for adjustment of detection limits), analysis for that
compound shall be required 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, 18'h edition. The CITY must receive analysis results within thirty
(30) days from sampling date.
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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. The 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
wastewater discharged.
8. The Monitoring Fee shall be paid to the CITY at the beginning of the agreement period. 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 Air Force Plant 4
Mr. Sebastian Fichera ASC/ENVR, Bldg 8
Pretreatment Services Division 1801 Tenth Street
Fort Worth Water Department Wright-Patterson AFB
920 Fournier Street Ohio 45433-7626
Fort Worth, Texas 76102 Attn: David Lawrence
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.
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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. This 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 the CITY to perform
treatment to remove toxicity, including any additional biomonitoring requirements for
compliance with the CITY's National Pollutant Discharge Elimination System(NPDES)
permit. C�
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement this 15�
day of A.D., 2000.
City Qf Fort rt
By: ) �_
Mr. Mike Groomer Mr. Sebastian ' era
Title: Assistant City Manager Title: Manager Pretreatment Services
Fort Worth Water Department
LAttes . By: -071-1
City Se tary S-15-6D Mr. obe '1' r. illion
Title: Asst Dir Water/Pollution Control
Fort Worth Water Department
Approved as to Form and Legality:
By: 2�9� Date:
Mr. GarO. Steinberger
Title: Asst. City Attorney
U.S. it Fo a Internatio al Technolo ies Corporation
By: By: 9464 1 �*
ICHARD G. WHITN Y Vi tar Dozzi
Title: Chief, Acquisition Environmental, Title: Project Manager
Safety & Health Division
Engineering Directorate
Contract Authorization
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DEPARTMENT OF THE AIR FORCE
HEADQUARTERS AERONAUTICAL SYSTEMS CENTER(AFMC)
_ WRIGHT•PATTERSON AIR FORCE BASE,OHIO
2 7 MAR 2000
MEMORANDUM FOR MR. SEBASTIAN FICHERA
PRETREATMENT SERVICES DIVISION
FORT WORTH WATER DEPARTMENT
920 FOURNIER STREET
FORT WORTH TX 76102
FROM: ASC/ENV
BUILDING 8
1801 10TH ST
WRIGHT-PATTERSON AFB OH 45433-7626
SUBJECT: Agreements to Discharge Pretreated Groundwater at Air Force Plant 4
1. Air Force Plant 4 (AFP 4) would like to renew its agreements with the City of Fort Worth to discharge
treated ground water into the City of Fort Worth sanitary sewer. Attached are the discharge agreements for
the AFP 4 east parking lot system and the AFP 4,building 181 remediation system. The previous discharge
agreement for the west side pump and treat system is no longer required, since this discharge is now covered
under the National Pollutant Discharge Elimination System(NPDES). Paragraph 9621(e) of the
Comprehensive Environmental Response, Compensation, and Liability Act(CERCLA) does not require
Federal, State, or Local Permits for remedial actions conducted entirely onsite. However, we believe the
attached agreements(as worded)meet the Air Force policy prohibiting remediation project permits while
also meeting the needs of the City of Fort Worth.
2. The attached agreements have been coordinated with our Legal Office, signed by ASC/ENV, and signed
by the remedial action project managers. The agreements were also pre-coordinated with your office, and
your comments were incorporated. Please sign all three copies of both agreements. Keep one copy of each
agreement for your files, and return the other two copies of each agreement to ASC/ENV at the address
shown above. One copy of each agreement will be filed here at ASC/ENV and copies will be filed with the
system operator.
3. Please direct any questions to Mr. Ted Grady, at(937) 255-7716,extension 415.
HARD G. WHITNEY
Chief,Acquisition Environmental, Safety _
&Health Division �C-1 Nr'VV'4
Engineering Directorate
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Attachments:1. Building 181 Discharge Agreement2. East Parking Lot Discharge Agreement