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2000-08 . . CONTRACT HAULING TIŒATMENT AND DISPOSAL OF DaŒSTIC WASTEWATER RESIDUALS This contract by and between AMERICAN PIPE & TANK SERVICE hereinafte:r; called "AMERICAN" and City of Clermont whose address is P.o. Box 120219, Clermont, FL 34712-0219 hereinafter referred to as "GENERATOR" WITNESSETH THAT: WHEREAS AMERCIAN is the owner and operator of a lime stabilization facility and disposal site, and WHEREAS, said treatment and disposal site has been approved and is operating under Florida Department of Environmental Protection (FDEP) permit, and WHEREAS, the GENERATOR owns and operates a domestic wastewater treatment plant known as The City of Clermont East Wastewater Treatment Plant 0.750 M.G.D. Wastewater Treatment Plant located at 3335 Hancock Road, Clermont, FL hereinafter referred to as the "PLANT" and has a need to dispose of the waste residuals generated by the PLANT and WHEREAS, the GENERATOR is responsible for the maintaining and operation of the PLANT in compliance with chapter 62-600 rules and compliance to the full extent of all Rules and Regulations applicable by Federal, State and Local governing bodies, and WHEREAS as a condition precedent to the obtaining a valid operating permit for the PLANT. The Florida Department of Environmental Protection (FDEP) requires the HAULER to file an Agriculture Use Plån whereby the HAULER certifies that the GENERATORS residual shall be applied only on site for which an Agriculture Use Plan has been approved by the FDEP. NOW THEREFORE and in consideration of the mutual terms, covenants and conditions to be complied with on the part of the respective parties hereto, it is agreed as follow: 1. Nothing in this contract shall supersede or take precedence over the obligations and responsibility of each party to operate and maintain his individual plant in compliance with the Rules of the State of Florida. . . 2. The GENERATOR hereby covenants and agrees: A. B. C. 3. To proved a sludge analysis of the wastewater residuals proposed to be treated prior to the initial delivery and to provide updated and additional sludge analysis in compliance with the frequency and schedule stated in Chapter 62-640 Rules of the State of Florida. To pay a fee as designated in Exhibit "A" Contract for proper hauling, lime stabilization treatment and disposal of generators residual. To deliver a residual, ready for hauling, that meets the chemical criteria designated as stated in Chapter 62-640 and any and all Federal and State requirements. D. The GENERATOR warrants that the residual deli vered to AMERICAN shall not contain any hazardous, toxic or radioactive waste or substances as defined by applicable Federal, State and Local laws or restrictions. AMERICAN hereby agrees: A. C. 4. 5. To maintain, monitor and operate the lime stabilization plant and residual disposal site in compliance with Chapter 62-640 FAC., E.P.A. 503, Local Rules. B. To accept all responsibility for the proper hauling, measurement, lime stabilization and land application for the proper disposal of the residual as required by State 62-640, Federal E.P.A. 503, Local Rules. To provide for the pumping of the residuals from the PLANT and for the delivery to AMERICAN Lime Stabilization Facility for acceptance, treatment and disposal. D. To maintain a record of the total quantity of residuals land applied and will file with the FDEP a summary as required by the licensing permit of AMERICAN PIPE & TANK SERVICE and to provide the necessary Agricultural Use Plan as required by the FDEP. Payment shall be made upon completion of the job unless prior credit agreements have been made with AMERICAN PIPE & TANK SERVICE. See exhibit "A" payment net 30 days. The term of this agreement shall be for one year from the effective date of service, and shall be automatically renewed for like terms unless either party shall give written notice of termination (certified mail) to the other at least 60 days prior to termination of the initial term of any renewal term. ~ . . 6. In the event should become necessary for AMERICAN PIPE & TANK SERVICE to retain the services of any attorney to enforce any provision of this contract, the GENERATOR agrees to pay the costs of any legal proceedings and reasonable attorney's fees, including any attorney fees and cost incurred as a result of any appellate proceeding. The GENERATOR shall not be responsible for any attorney'fees, court cost, fines or enforcement action due to any violations committed by AMERICAN PIPE & TANK SERVICE due to' hauling, permitting, lime stabilization treatment process or disposal. 7. m WIDBSS WBBRBOF, the parties hav~ caused this presents to be , executed this /I d~y of 0 ¡uu...-r¿-- , 20...æl. ~ð GENE TOR ..I:I.a.m] cI S Tu.rvll ] e Jr. -Mayor Print Nåme/T¡tle' AME~ & T:K George S. Conomos, President Print Name/Title ness . .~~,~ WJ. ." ... '" . . Exhibit A Attachment to "Contract" dated A 1. 2.0 2Oco between AMERICAN PIPE & TANK SERVIE(AMERICAN~and City of Clermont, 0.750 M.G.D. East Wastewater Treatment Plant (Generator). AMERICAN hereby agrees to provide for hauling and disposal of residuals, per the above referenced contract for a fee of: 0.058 per gallon to ~ump the digester, to haul, lime stabilize and dispose of resi uals, at permitted land application site permitted by the Florida Department Environmental Protection filed Agriculture Use Plan. GENERATOR hereby agrees to provide all of its residuals to AMERICAN for first right of refusal subject to the terms of said contract. This agreement can be modified only by written agreement by booth parties. GENERATOR: ~ BY: NAME: Harold S. Turvillp,. .]r TITLE: Mayor TANK SERVICE: BY: NAME: Conomos TITLE: President