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