Loading...
1998-27 , '" . . COHTRACT HAULIHG TREATKEHT AHD DISPOSAL OF DOKESTIC WASTEWATER RESIDUALS This contract by and between BROWNIE ENVIRONMENTAL SERVICES hereinafter called "BES" and City of Clermont whose address is P.O. Box 120219, Clermont, FL 34712-0219 hereinafter referred to as "GENERATOR" WITNESSETH THAT: WHEREAS BES is the owner and operator facility and disposal site, and of a lime stabilization 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 52-500 rules and compliance to the full extent of all Rules and Regulations applicable by Federal, State and Local governing bodies, and WHEREAS as a condltion precedent to the obtaining a valid operating permi t for the PLANT. The Florida Department of Environmental Protection (FDEP) requires the HAULER to file an Agriculture Use Plan whereby the HAULER certifies that the GENERATORS ¡-esidual 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 responsibili ty 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: ::I. 4. 5. A. 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. B. To pay a fee as designated in Exhibit "A" Contract for proper hauling, lime stabilization treatment and disposal of generators residual. C. 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 delivered to BES shall not contain any hazardous, toxic or radioactive waste or substances as defined by applicable Federal, State and Local laws or restrictions. BES hereby agrees: A. 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. C. To provide for the pumping of the residuals from the PLANT and for the delivery to BES 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 BROWNIE ENVIRONMENTAL SERVICES 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 BROWNIE ENVIRONMENTAL SERVICES. See exhlbit "A" payment net 30 days. The term of thls 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 termlnation (certifled mail) to the other at least 60 days prior to terminatlon of the intial term of any renewal term. , . . 6. In the event should become necessary for BROWNIE ENVIRONMENTAL SERVICES 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. 7. The GENERATOR shall not be responsible for any attorney fees, court cost, fines or enforcement action due to any violations committed by BROWNIE ENVIRONMENTAL SERVICES due to hauling, permitting, lime stabilization treatment process or disposal. IN WITNESS WHEREOF, the parties have caused this presents to be executed this 14th day of Apri 1 19 -2L. ß4~~ GENERATOR - Robert A Pool, Mòyor Print Name/Title B~ ~SERVICES -a.= e;y: ~ o-f2r ~ ~ ' Print Name/Title Witness Ann Whitlock ../ . . Exhibit A Attachment to "Contract" dated April 14. 1998 between BROWNIE ENVIRONMENTAL SERVICES (BES) and City o£ Clermont, 0.750 M.G.D. East Wastewater Treatment Plant (Generator). BES hereby agrees to provide £or hauling and disposal o£ residuals, per the above re£erenced contract £or a £ee o£: 0.032 per gallon to pump the digester, to haul, lime stabilize and dispose o£ residuals, at permitted land application site permitted by the Florida Department Environmental Protection £iled Agriculture Use Plan. GENERATOR hereby agrees to provide all o£ its residuals to BES £or £irst right o£ re£usal subject to the terms o£ said contract. This agreement can be modi£ied only by written agreement by booth parties. CITY OF CLERMONT GENERATOR, Øá/~- BY: RobF'rt A NAME: Pool TITLE: Mayor BROWNIE ENVI~L SERVICE: BY, t2 ' ~U NAME: ~r ~~ TITLE: (fvyo-- ~ . . CONTRACT HAULING TREAT KENT AND DISPOSAL OF DOKESTIC WASTEWATER RESIDUALS This contract by and between BROWNIE ENVIRONMENTAL SERVICES hereinafter called "BES" and City of Clermont whose address is P.O. Box 120219, Clermont, FL 34712-0219 hereinafter referred to as "GENERATOR" WITNESSETH THAT: WHEREAS BES is the owner and operator facility and disposal site, and of a lime stabilization 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 hereinaíter referred to as the "PLANT" and has a need to dispose oí 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 valld operating permi t for the PLANT. The Florida Department of Environmental Protection (FDEP) requires the HAULER to íile an Agricultuïe Use Plan whereby the HAULER certifies that the GENERATORS l-esidual shall be applied only on site for which an Agïicultuïe Use Flan 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 obllgations and responsibility of each party to operate and maintain his individual plant in compliance with the Rules of the State of Florida. ---. ~ ,J 2. . . The GENERATOR hereby covenants and agrees: A. 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. ::I. 4. 5. B. To pay a fee as designated in Exhibit "A" Contract for proper hauling, lime stabilization treatment and disposal of generators residual. C. 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 delivered to BES shall not contain any hazardous, toxic or radioactive waste or substances as defined by applicable Federal, State and Local laws or restrictions. BES hereby agrees: A. 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. C. To provide for the pumping of the residuals from the PLANT and for the delivery to BES Lime Stabilizatlon 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 BROWNIE ENVIRONMENTAL SERVICES 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 BROWNIE ENVIRONMENTAL SERVICES. See exhibit "A" payment net 30 days. The term of this agreement shall be for one year from the effectlve date of service, and shall be automatlcally renewed for like terms unless either party shall give wrltten notlce of termination (certified mail) to the other at least 60 days prior to termination of the intial term of any renewal term. . . 6. In the event should become necessary for BROWNIE ENVIRONMENTAL SERVICES 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. 7. The GENERATOR shall not be responsible for any attorney fees, court cost, £ines or en£orcement action due to any violations committed by BROWNIE ENVIRONMENTAL SERVICES due to hauling, permitting, lime stabilization treatment process or disposal. IN WITNESS WHEREOF. the parties have caused this presents to be day of 19 executed this :V-d ~ // / -/ GENERATOR Print Name/Title Witness ~~ OWN:E ENVIRONMENTAL S~CES ~~ ~e&- Lf'-~, Print Name/Title Witness . . Exhibit A Attachment to "Contract" dated BROWNIE ENVIRONMENTAL SERVICES (BES) and M.G.D. East Wastewater Treatment Plant between City of Clermont, 0.750 (Generator). BES hereby agrees to provide for hauling and disposal of residuals, per the above referenced contract for a fee of: 0.032 per gallon to pump the digester, to haul, lime stabilize and dispose of residuals, 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 BES for first right of refusal subject to the terms of said contract. This agreement can be modified only by written agreement by booth parties. GENE~ ~ BY: - d.¿;! ~ ---- NAME: TITLE: BROWNIE ENVI~~VICE: BY: ~ NAME: V'err ~~ TITLE: LÇ~ . . . I I April 20, 1998 Mr. Chuck Pula Parks & Recreation Manager P.O. Box 7800 Tavares, FL 32778-7800 RE: Legal Agreement-Boating Improvement funds for Boating Related Facilities Dear Mr. Pula: Enclosed are two signed originals of the Legal Agreement between Lake County and the City of Clermont for the use of Boating Improvement Funds for boating related facilities. Please let me know if I can be of any further assistance. Sincerely, CITY OF CLERMONT WAYNE SAUNDERS City Manager WS:aw Enclosures