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LS14-191 - HCDPU Agreement with Town of AngierAgenda Item fi v :d by the Ba, m s on ery C 'ppeo poard of om ei uohtntY LjJJkBoard Meeting �m Agenda Item MEETING DATE: August 19, 2013 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Operational & Pretreatment Wastewater Agreement with the Town of Angier REQUESTED BY: Steve Ward, HCDPU REQUEST: This is a formal request for the Board to appove an operational and pretreatment wastewater agreement with the Town of Angier. The Town of Angier has already approved the agreement. The agreement sets the standards for which HCDPU will manage the Town's wastewater pretreatment program as required by NCDENR. A copy of the agreement is included for your review. Please place this item on the consent agenda at the next available meeting. COUNTY MANAGER'S RECOMMENDATION: \Urefilel \Puusers\swardWy Documents \Angier \Angier Operational & Pretreatment Agreement Agenda Request 8- 7- 13.doc Page I of I STATE OF NORTH CAROLINA HARNETT COUNTY OPERATIONAL INTERJURISDICTIONAL PRETREATMENT AGREEMENT THIS AGREEMENT made and entered into this the 6th day of August 2013, by and between the TOWN OF Angier, a municipal corporation organized and existing under the laws of the State o }'North Carolina (hereinafter referred to as "Angier "), and the COUNTY OF HARNETT, a body politic, organized and existing under the laws of the State of North Carolina (hereinafter referred to as "County "). WITNESSETH: THAT WHEREAS, these parties are engaged in providing wastewater treatment and /or collection services in accordance with state and federal laws and regulations; and WHEREAS, Angier provides and maintains a wastewater collection system over which Angier controls the use and connections thereto; and WHEREAS, the County, also referred to in this document as Harnett County Department of Public Utilities (HCDPU) provides and maintains a multi - jurisdictional wastewater collection system and wastewater treatment facilities (North Harnett Regional Wastewater Treatment Plant, hereinafter referred to as NHRWWTP), in accordance with the NPDES Permit Number NC0021636, Spray Irrigation Permit Number WQ0028562, Collection System Permit Number WQCS00166; and Residuals Land Application Permit Number WQ0007066 . WHEREAS, Angier and the County have previously entered into an existing agreement, dated July 17, 2006 that requires an operational agreement for the treatment of wastewater by the County that is generated from Angier. Said agreement recognizes that a Pretreatment Program will be implemented by the Town should an industry locate within the Town's jurisdiction and request connection to the Town's waste water collection system. After review and numerous meetings with the Town, it has been determined that a Categorical Industry does in fact exist in the Town's jurisdiction. At the request of the Town of Angier, HCDPU has agreed to administer the Pretreatment Program for the Town of Angier in accordance with State and Federal guidelines that will protect the wastewater treatment process at NHRWWTP. In addition, the Town also agrees to reimburse the County for the costs of administering the Pretreatment Program. These costs have been estimated in the amount of $5250.00 (five thousand two hundred and fifty dollars )_er year. The county reserves the right to adjust these costs annually as necessary_r- WHEREAS, the County is identified by the North Carolina Department of Environment and Natural Resources and the United States Environmental Protection Agency as being responsible for the Publicly Owned Treatment Works (POTW); North Harnett Regional Wastewater Treatment Plant and the County owned sewer collection system that serves it; and WHEREAS, the County is required by the state and federal regulations to control all non - domestic wastewater discharges into the NHRWWTP by development and implementation of a pretreatment program; and WHEREAS, the North Carolina Department of Environment and Natural Resources is requiring an inter - jurisdictional pretreatment agreement, with each local jurisdiction served, for the implementation and enforcement of the pretreatment program, by HCDPU, in accordance with 40 CFR Section 403 of the Federal Regulations. NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: Article I Pretreatment and Surcharge Program Agreement Section A- Pretreatment Program 1) The County agrees to provide, implement, and maintain an approved pretreatment program as required by state and federal laws and regulations for the control of non - domestic discharges, in accordance with 40 CFR Section 403 of the Federal Regulations. 2) HCDPU will administer the Pretreatment Program for the Town of Angier. The pretreatment program means the implementation of Industrial Waste Survey activities, SIU determination, SIU permit issuance, sampling and monitoring of permitted SIU discharges, SIU facility inspections, SIU permit and SUO enforcement, issuance of Authorization to Construct for SIU wastewater discharges, pretreatment program reporting to the State, slug/spill control, illicit discharge monitoring, high strength waste surcharge program and industrial site development and building construction plans. As part of the pretreatment program, the County's Sewer Use Ordinance, which shall be amended as necessary to remain consistent with state and federal regulations, contains the conditions and limitations to be met by each non - domestic discharger including federal and state pretreatment standards. This program allows the County to deny or conditionally approve new or increased contribution of pollutants and to establish requirements for new or existing sources. General or Local permits may be issued by HCDPU for non SIU users who may have the potential to negatively impact the NHRW WTP permit compliance. The County's Sewer Use Ordinance establishes the requirements for filing an Industrial Discharge Permit Application /Survey to discharge non - domestic wastewater into the NHRW WTP. The County's Sewer Use Ordinance also establishes the following authorities: a) Requires existing non - domestic users to develop a compliance schedule for the installation of technology necessary to meet current pretreatment standards and to submit self - monitoring reports. b) Gives the staff of the Harnett County Department of Public Utilities (HCDPU) the authority to carry out inspections, surveillances and monitoring procedures necessary to determine compliance. This shall include the right to enter a non - domestic user's premises to examine records of monitoring activities. C) Allows the County to seek injunctive relief for noncompliance and to seek and assess civil penalties for noncompliance. d) Gives HCDPU the authority to halt or prevent any discharges that present or are likely to present an imminent danger to health, the environment, or that threaten to interfere with the operations of the NHRWWTP. C) Items (a) through (d) above shall not be interpreted as exclusive and, specifically, shall not be interpreted as preventing or restricting Angier from exercising the same rights, privileges, and /or immunities pursuant to their ordinance. 3) The Town of Angier agrees to modify their SUO to read "All Industrial or Non - Domestic dischargers within their boundaries, new or existing, that will discharge to North Harnett Regional will fall under the regulations of the HCDPU Pretreatment Program and Harnett County Sewer Use Ordinance. 4) Appendix A will set forth the allocation of capacity pursuant to the Agreement dated July 17, 2006 between Angier and the County. This 2011 agreement will require that the County be notified of any changes, or proposed changes, to the wastewater discharged by Angier to the County, such as applications from new non - domestic users or an application /request from an existing industrial user that shows the potential for a changed discharge. These applications will be referred to HCDPU for evaluation. 5) Angier agrees to require, by ordinance, that all non - domestic dischargers to its collection system, existing and future, file an Industrial Waste Survey (short form) with HCDPU and to comply with all other provisions of the County's Sewer Use Ordinance until such time that the Town of Angier has developed a State Approved Pretreatment Program of their own. 6) Angier agrees to provide HCDPU, upon request, any and all records relating to water use and wastewater discharges by non - domestic dischargers connected to Angier's wastewater collection system. 7) Angier agrees to control, as provided for in Angier's Sewer Use Ordinance, connections to its wastewater collection system so that all connections meet the requirements of Angier's Sewer Use Ordinance. The Town of Angier will operate and maintain their wastewater collections system, including meeting the requirements of their collections system permit and Fat, Oil and Grease control program. Procedures for approving non - domestic connections to the sanitary sewer system are summarized in Appendix B below. 8) The staffs of Angier and HCDPU shall agree upon the day -to -day procedures for the implementation of this agreement. HCDPU's staff shall put the agreed upon procedures in writing and submit to Angier's staff for concurrence. Procedures proposed by HCDPU are summarized in Appendix A below. 9) New Industrial Users, or existing Industrial Users requesting a modification to their existing permit that discharge substances not listed or allocated in Appendix A and all Significant Industrial Users that propose to discharge substances not listed or allocated in Appendix A shall be required to submit an Industrial Discharge Permit Application /Survey directly to HCDPU. The County may have to update the existing headworks analysis prior to establishing a wasteload allocation to Angier. HCDPU will notify Angier of these findings or proposed changes. The County reserves the right to issue a new or modify the existing wasteload allocation for Angier for any constituents of concern. Any changes requested or required by HCDPU will have to be justified by HCDPU. If HCDPU needs to impose any special conditions upon a specific discharger, such as the requirement to equalize flow, HCDPU will notify the discharger and shall include these special conditions in the permit Section B- Surcharge Program The County shall include in the Sewer Use Ordinance the allowable Local Limits for BOD, TSS, NH3, Total P and other parameters as required or deemed necessary. Provided the NHRWWTP has adequate capacity and the capability to comply with their NPDES Permit, a non - domestic discharger may be permitted to discharge in excess of the design limits provided a surcharge is paid and there is no adverse impact on the treatment plant or its operation. Section C- Compensation I) HCDPU will establish the basis for a Surcharge Rate Structure specific to wastewater received from Angier and monitored at the Angier metering station(s) where the County's wastewater interceptor originates. This Surcharge Fee Structure will be consistent with current state and federal regulations. HCDPU will review and update the surcharge rate as necessary to comply with the ordinance and to recover all the cost incurred by the excess loadings (e.g. Surcharge Fees). Any proposed changes and modifications to the Surcharge Rate Structure will be reviewed with Angier before adoption. 2) HCDPU will invoice Angier in the amount $5250.00 for Pretreatment sampling and program administration in July of each fiscal year. The county reserves the right to adjust these costs annually and will provide documented time and costs associated as justification. 3) In the event Angier exceeds the yearly mass loadings set forth in Appendix A, the county shall calculate and invoice for these excess loadings. Payment shall be due within 30 days from the billing date. Article II Remedies For Non - compliance 1) Angier agrees to reimburse and hold harmless the County from all costs and damages to treatment works or disruption of treatment processes or operations, including costs for sludge disposal, which may result from any act or omission by Angier not in accordance with this Agreement. 2) The County and Angier agree to not accept any wastewater from any source, domestic or non - domestic, whose facilities do not meet all State requirements concerning obtaining and holding a valid permit prior to construction or whose permit has been revoked by the County or Angier. 3) HCDPU will develop a surcharge schedule for exceeding the local limits of any pollutant. Angier will be subject to these charges, as described in Section C of the Agreement. 4) In the event Angier and /or the County fail to comply with any of the terms of this agreement, the County and /or Angier may initiate appropriate action for damages or for specific performance for compliance with the terms hereof. Article III Section A- Duration of Agreement This Agreement is effective as of the day and year first above written and, unless amended or modified as set forth in Paragraph III B hereinafter, shall remain in effect until July 17, 2046. Action to review, renew, and /or extend this Agreement, as written or as appropriately modified, shall require action by both respective governing bodies of the County and Angier on or before December 1, 2041, or until such time that Angier develops their own state approved Pretreatment Program. Section B- Method of Amendment /Termination of Agreement This Agreement in ay be amended or terminated only by a vote of the majority of the members of each of the respective governing boards of the County and Angier: Section C- Warranties The County and Angier hereby warrant and represent that: a) Execution of this Agreement and full performance of its own obligations hereunder is fully authorized by law; b) Each has complied or will comply with all procedures necessary to render its execution of this Agreement and the performance of its obligations hereunder as valid, legal and binding acts of the County or Angier, respectively. Section D- Miscellaneous The County and Angier further say that: a) No failure or delay in exercising any right hereunder on the part of either party shall operate as a waiver thereof, nor shall any single or partial exercise by either party of any right hereunder preclude any other further exercise thereof or the exercise of any other right; b) Except as modified by separate written agreement of the County and Angier and /or termination as provided herein, this Agreement shall be binding upon and endure to the benefit of the County and Angier, and their respective successors and assigns; c) Either party perceived to be in violation of this agreement by the other shall be notified in writing of the perceived violation by the other and given 10 days from the receipt of such notification to cure any such violation. Said notice shall be hand delivered to the Director of HCDPU or the Town Manager of Angier. d) Neither party shall be liable to the other for violation of this agreement when such violation is proximately caused by force majeure whether by act of nature or person. IN WITNESS WHEREOF, the parties have executed this agreement in duplicate originals, following due and proper approval by t eirj[,%geetive governing bodies in official session. .till ?js�„ ;o B y' `Attest: _�i'.,_ �. ! i Burgin, Ch an '.,,'p�j�['�.�` Margaret Wh ler, County Clerk arnett County Board of Commissioner's By: - -x By: d , INCORPORATED a 1901 Mayor, Town of Angier � � ; .? /Betty Pearson, Deputy Town Clerk APPENDIX A PRETREATMENT: DAY -TO -DAY PROCEDURES This agreement has provided for certain conditions. a. May have discharge limits based upon design capacities, headworks analyses, purchased allocations, existing treatment capacities and historical issues or concerns, b. May have additional requirements or limitations as necessary to protect the sewer system and treatment facilities, c. May have monitoring, reporting and other such requirements as necessary to meet Federal and State regulations and the objectives of the HCDPU Pretreatment Program. Local Limits and Allocation Table Parameter Local Limit (mg/1) Flow Allocation LBS /Day Yearly Mass Load BOD 250 1.08 2,251.800 821,907.000 TSS 250 1.08 2,251.800 821,907.000 NH3 25 1.08 225.180 82,190.700 Total P 6 1.08 54.043 19,725.768 Chromium 0.05 1.08 0.450 164.381 Mercury 0.0003 1.08 0.003 0.986 Cadmium 0.003 1.08 0.027 9.863 Cyanide 0.015 1.08 0.135 49.314 Zinc 0.175 1.08 1.576 575.335 Arsenic 0.003 1.08 0.027 9.863 Copper 0.061 1.08 0.549 200.545 Lead 0.049 1.08 0.441 161.094 Nickel 0.021 1.08 0.189 69.040 Silver 0.005 1.08 0.045 16.438 Due to the presence of a Categorical Industry that will have a limit on Oil and Grease, Angier will also be required to meet a numerical Oil and Grease Limit of 200 mg/I. Compliance will be based on monthly sampling from the meter vault(s) located in Angier. These limits may change with the addition of any new SIU located in the jurisdiction that is tributary to the North Harnett Regional W WTP. Surcharge Fees Parameter BOD TSS NH3 Total P Price /LB $0.15 $0.05 $1.46 $12.16 2. HCDPU will administer the Pretreatment Program for the Town of Angier to include the issuance and implementation of a Categorical Industrial User Permit for the KIDDE Company located on Junny Road in accordance with Federal and State Pretreatment Standards. ANGIER will notify HCDPU within 6 hrs of any known slug loads, discharges of highly hazardous wastes or other materials that present a life or health hazard to HCDPU employees and /or may have a significant impact on the sewer system and /or treatment facilities. HCDPU shall develop and maintain Headworks Analyses for the wastewater treatment plants. A new HWA must be completed every 5 years and submitted to the State for approval. HCDPU will maintain an Allocation Table, pursuant to the NPDES permit, which summarizes the results of the HWA and the limits from all of the IUPs. Permitted IUP loadings for each parameter or pollutant cannot exceed the treatment capacity of the plant as detennined by the HWA. HCDPU shall continue on -going IWS activities and conduct an Industrial Waste Survey of the service area under its jurisdiction (which includes the Town of Angier) every 5 years and submit Summary Tables to the State for approval. HCDPU shall develop and implement a State approved Long Tenn Monitoring Plan (LTMP) for data collection to be used in the HWA for the development of specific pretreatment local limits. HCDPU shall maintain an Enforcement Response Plan for handling noncompliant users. HCDPU shall publish annually a list of Significant Industrial Users in their jurisdiction that were in Significant Noncompliance with pretreatment standards in the IUP and /or SUO during the previous 12 month period. 10. HCDPU shall maintain for a minimum of 3 years (or longer as required by State and Federal Regulations) records of monitoring activities and results and other records of industrial impact on the wastewater treatment plant. 11. HCDPU shall maintain adequate legal authority through the SUO in order to implement the pretreatment program. APPENDIX B PROCEDURES FOR APPROVING NON - DOMESTIC CONNECTIONS TO THE SANITARY SEWER SYSTEM Once the non - domestic facility has contacted the Town of Angier for a connection to discharge wastewater into the sanitary sewer system, the town shall require the facility to complete an Industrial Waste Survey (short form) and instruct the facility to send the completed survey: HCDPU Pretreatment Unit PO Box 1119 Lillington NC 27546 2. HCDPU will review the completed Survey and if the industry meets any of the following criteria: a. Is a categorical industry, b. Meets the criteria to be classified as a Significant Industrial User, or c. The waste stream contains pollutant(s) not listed or allocated in Appendix A above, then HCDPU will notify the Town and contact the facility directly. (HCDPU may require additional information, (such as the Industrial Waste Survey /Application long form) revise the headworks analysis, modify the jurisdiction's allocations, or require specific conditions or pretreatment as necessary to meet the requirements of the County's Pretreatment Program and Sewer Use Ordinance.) HCDPU will issue the IUP to the industry, as applicable. 3. If the permit request is denied by HCDPU, the Town and/or facility will be allowed to appeal the decision or request a hearing in accordance with Section 4.2h of HCDPU's Sewer Use Ordinance. Note: These same procedures should be followed for additional connections or changes in loadings or flows from existing industries. Industrial Waste Survey (short form) This form has been sent to your business to determine types and sources of wastewater that are entering the North Harnett Wastewater Treatment Plant. This form must be completed in accordance with section of the Harnett County Sewer Use Ordinance. Our Sewer Use Ordinance can be examined during normal business hours at the address listed below. If you have any questions or concerns while completing the form please contact IICDPU Pretreatment Unit at 910- 893 -2424. Name of Business Address City /State /Zip Code Telephone: Fax: Number of Employees What Standard Industrial Classification (SIC) Code(s) do you report under? Briefly describe your business include products manufactured or services performed Please list all water uses and approximate volume used in gallons per day for each use, including facility wa Water Use Volume Used (gallons per day) Process: Facility Wash down Domestic(bathrooms, cafeteria) Total: hdown water. Our Sewer Use Ordinance requires that an Authorized Representative of the User sign all reports to the Sewer Authority. Authorized Representative is defined as a Person responsible for Principle Business decisions or other policy decisions for the facility. To the Best of my knowledge the information on this form is true and accurate, Signature Date Title Return this form within 30 days to: HCDPU Pretreatment Unit PO Box 1119 Lillington NC 27.546 910 -893 -2424 Failure to return this form is enforceable in accordance with the Sewer Use Ordinance.