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HomeMy WebLinkAboutBPW-10-07-98-03Wastewater DischRESOLUTION NO. ,~'P/,,.c/~. / D, ~ ~9 7- 9 ~'-*c; ~ A RESOLUTION OF THE BOARD OF PUBLIC WORKS AND SAFETY OF THE CITY OF CARMEL APPROVING SPECIAL AGREEMENTS AND ARRANGEMENTS FOR DISCHARGE OF WASTEWATER WHEREAS, pursuant to Carmel City Code § 9-145, this Board of Public Works and Safety ("Board") is empowered to enter special agreements and arrangements where unusual or extraordinary circumstances compel special terms and conditions whereby an unusual wastewater may be accepted for treatment by the City of Carreel ("City") for wastewater treatment, subject to payment of applicable fees; and WHEREAS, pursuant to Carmel City Code § 9-173, this Board is empowered to determine and collect such charges as may reasonably be required under such special agreements or arrangements; and WHEREAS, this Board has determined that it is appropriate under certain circumstances for the City to accept the discharge of wastewater from portable toilets located in Hamilton County, Indiana; and WHEREAS, this Board determines that such discharge would be made under unusual or extraordinary circumstances which would warrant special agreements and arrangements; and WHEREAS, this Board has determined that public convenience and necessity require the issuance of permits in the form of the Wastewater Permit attached hereto as Exhibit A so as properly to control and monitor discharge ofwastewater from portable toilets; and WHEREAS, this Board has retained the services of Crowe Chizek who has prepared an accounting report calculating the appropriate charge for discharge of such wastewater from portable toilets located in Hamilton County, Indiana, such charge having been incorporated into the permit attached hereto as Exhibit A; and WHEREAS, this Board has determined that such discharges of wastewater from portable toilets located in Hamilton County, Indiana should only be made by persons to whom a permit in the form attached hereto as Exhibit A has been issued and pursuant to the terms and conditions of such permit. NOW, THEREFORE, BE IT RESOLVED BY THIS BOARD OF PUBLIC WORKS AND SAFETY that: 1. Persons wishing to discharge wastewater from portable toilets located in Hamilton County, Indiana into the sewer utility system of the City of Carmel must first apply for and obtain a permit to do so in the form attached hereto as Exhibit A. 2. All wastewater to be discharged by such persons shall be pursuant to the terms and conditions set forth in the permit attached hereto as Exhibit A. 3. This resolution shall be effective on and at~er the date of its adoption. ATTEST: 1NDS01 NKK 278898 -2- 1999 WASTEWATER PERMIT This Permit is issued to ("Permittee") for the discharge of Wastewater ("Wastewater") into the sewage collection and treatment system (the "Wastewater System") of the City of Cannel, Indiana (the "City"). This Permit is issued pursuant to the Authority of the Carreel City Code, Sees. 9-145 and 9-173. Permittee is authorized to discharge Wastewater into the Wastewater System pursuant to and subject to the terms, conditions, and limitations set forth in this Permit. By accepting this Permit, Permittee has agreed to be bound to the terms, conditions, and limitations set forth herein. A. Discharge Limitations and Conditions 1. 'Limits For all Wastewater discharged pursuant to this Permit, pH shall be within the range of 4.0-10.0; other parameters (BOD, SS, NH3-N, and heavy metals) will be sampled and analyzed regularly by the City and shall comply with all limits set forth in the Carmel City Code or by the Board of Public Works and Safety (the "Board"). 2. Hours of Operation Wastewater may only be discharged during the following hours: 8 a.m. - 4 p.m. Monday, Wednesday, Thurs, Friday - none on Tuesday. b) There shall be no discharge of Wastewater on New Year' s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas or other City Holidays. 3. Prohibitions and Special Conditions Only Wastewater from portable toilets located in Hamilton County, Indiana, may be discharged. Under no circumstances will industrial or hazardous waste, hazardous substances, or waste from septic tanks or grease traps be discharged. b) The City reserves the right without any advance notice to reject any discharges of Wastewater due to wet weather conditions. c) Wastewater may be discharged only at the designated manhole located at 901 North Rangeline Road (the "Discharge Point"). d) No petroleum based oils/grease may be discharged. Exhibit A B. Documentation of Origin of Wastewater The driver of each vehicle delivering to the Discharge Point shall have dated documentation for each source of Wastewater showing the location of the portable toilet, the amount of Wastewater in gallons, Permittee's name and legal business address and telephone number, and vehicle driver' s name. The driver of each vehicle must complete and sign a Disclosure Statement for each load. C. Samplin~ & Testing The contents of all vehicles are subject to preliminary sampling and testing by the City before discharging into the Discharge. Point. The test results on any sample must be within a specified range for the parameters established by the City or the Board in order not to inhibit the performance of the City's wastewater treatment plant. The City may require reimbursement for sampling and testing costs. The City reserves the fight to reject any Wastewater based upon such test results. D. Volume Measurement The discharge fee will be based on the total capacity of the truck delivering the Wastewater regardless of whether the truck is carrying a partial load. E. Payment for Dischargin~ The fee for discharge shall be $38.00 per 1,000 gallons. The fee is subject to future modification by resolution of the Board. Charges for administration of Permittee's program and for sampling, laboratory analysis and treatment of Wastewater discharged at the Discharge Point are due upon receipt. If payment is not received within fifteen (15) days of invoice, Permittee shall pay a late fee as set forth in the City' s wastewater fee schedule. If charges remain unpaid after 30 days, Permittee may be sent a Discontinuance Notice and subject to immediate discontinuance of all discharge privileges until payment in full is received. If Permittee accumulates three (3) Discontinuance Notices, any future discharge privileges will be limited to prepayment of all charges at the time Wastewater is discharged. F. Non-acceptable Loads Any Wastewater that does not pass the preliminary testing procedures will be rejected. Permittee must arrange for proper disposal of the tank contents and submit proof of proper disposal to the City. Until the City has determined that the conditions of proof have been satisfied, Permittee will be prohibited from discharging Wastewater pursuant to this Permit. -2- The City will notify the Indiana Department of Environmental Management of the status of any truck for which contents are determined to be unsatisfactory for discharging. G. Penalties/Fines Any person who fails to comply with any provisions of this Permit, rules and regulations, or ordinances of the City may be fined not more than two thousand five hundred dollars ($2,500.00) per day for each offense. Each violation shall constitute a separate offense. In addition, the City shall be entitled to all reasonable expenses, including court costs and attorney fees. H Insurance/Indemnity Permittee agrees to indemnify, defend, and hold harmless the City against any and all claim that may be made against the City and arising from transportation and discharge of Wastewater pursuant to this Permit, including payment of attomey fees. Permittee shall be insured in an amount of one million dollars combined single limit. The insurance coverage shall cover all work performed by Permittee while transporting and discharging Wastewater and shall include, but not be limited to, automobile liability and liability arising out of disposal of any hazardous waste; spilled material on public property, and fines or any other costs incurred by the City as a result of Permittee' s activities. The City of Carmel shall be named as an additional insured. The insurance carrier shall give notice to the City at least thirty (30) days before such insurance is either canceled or not renewed, and the certificate shall state this obligation. Permittee shall have a period of thirty (30) days to obtain additional coverage if additional coverage is set by rule or regulation of the Board of public Works. If such additional insurance is not obtained, this Permit shall be automatically revoked without further notice. I. Spills and Defective Equipment Permittee shall be responsible for the clean-up to the satisfaction of the City, of any and all spills on city streets, rights-of-way, and property. The City may require Permittee to correct any defective equipment including hoses, valves, tanks, piping, and permanent or flexible connections which may result in the leakage or spilling of Wastewater from the vehicle. Defective equipment shall be repaired before Permittee is allowed to discharge. -3- Ko Transfer of Ownership or Control In the event of any change in control or ownership of Permittee' s .facilities, Permittee shall notify the succeeding owner or controller of the existence of this Permit by letter, a copy of which shall be forwarded to the City. The Permit is not assignable without the express written consent of the City. Term and Annual Registration This Permit shall expire on December 31, 1999. On or before October 1, Permittee may request renewal of this Permit for the succeeding calendar year and shall submit all registration materials and payments required by the City in order to renew this Permit. Failure to do so will result in the nonrenewal of the Permit. The City reserves the right not to renew the Permit. These materials to be submitted in conjunction with a renewal application include, but are not necessarily limited to, a registration form listing vehicles, drivers and business addresses, an annual registration payment and a proof of required insurance coverage. Permit Modification After notice and opportunity for a meeting with the City, this Permit may be modified, suspended, or revoked in whole or in part during its term for shown cause including, but not limited to, the following: a. Violation of any terms or conditions of this Permit. b. Obtaining this Permit by misrepresentation or failure to disclose fully all relevant facts. Severabilit.v The provisions of this Permit are severable, and if any provision of this Permit, or the application of any provision of this Permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of the Permit, shall not be affected thereby. INDS01NKK276185 -4-