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HomeMy WebLinkAboutRESOLUTION - 14-99 - 8/10/1999 - WASTEWATER AGREEMENTRESOLUTION NO. 14-99 A RESOLUTION AUTHORIZING THE VILLAGE PRESIDENT AND VILLAGE CLERK TO EXECUTE THE JOINT WASTEWATER SERVICE AGREEMENT BETWEEN THE VILLAGE OF ELK GROVE VILLAGE AND THE VILLAGE OF BENSENVILLE. NOW, THEREFORE, BE IT RESOLVED by the President and Board of Trustees of the Village of Elk Grove Village, Counties of Cook and DuPage, State of Illinois as follows: Section 1: That the Village President be and is hereby authorized to sign the attached documents marked: JOINT WASTEWATER SERVICE AGREEMENT a copy of which is attached hereto and made a part hereof as if fully set forth and the Village Clerk is authorized to attest said documents upon the signature of the Village President. Section 2: That this Resolution shall be in full force and effect from and after its passage and approval according to law. VOTE: AYES: 6 NAYS: p ABSENT: 0 PASSED this 10th day of August , 1999• APPROVED this 10th ATTEST: Ann I. Walsh Village Clerk RES602BENSENVILLE..doC day of August 1 1999• Craig B. Johnson Village President JOINT WASTEWATER SERVICE AGREEMENT This Agreement is made and entered into this lothday of August , 1999 by and between the Village of Bensenville ("Bensenville"), and Elk Grove Village (`Elk Grove"). WHEREAS, Bensenville and Elk Grove are parties to a certain Joint Wastewater Service Agreement dated June 27, 1984 that provides for the treatment by the Bensenville wastewater treatment facilities of wastewater originating from certain portions of the Elk Grove sanitary sewer system; and WHEREAS, said agreement terminates April 30, 1998; and WHEREAS, Bensenville and Elk Grove desire that wastewater originating in a certain portion of the Elk Grove sanitary sewer system continue to be conveyed to and treated by the Bensenville wastewater treatment facilities. Now,. THEREFORE, in consideration of the foregoing and of the promises and mutual covenants contained herein, it is hereby agreed by and between Bensenville and Elk Grove as follows: 1. Definitions 1.1 The following terms shall have the following meanings: "Bensenville Facilities" means those sanitary sewers, force mains, lift stations, wastewater treatment plants and appurtenances thereto located within the village limits of Bensenville that either exist on the date of this Agreement or are constructed during the term of this Agreement. "Connections" means the physical points of inter -connection between the Bensenville Facilities and the Elk Grove Facilities. "Contract Year" means each successive one-year period during the term of this Agreement, the first such period beginning on September 1, 1999. "Discharger" means any Person who discharges or is responsible for the discharge of wastewater or Infiltration/Inflow to the Bensenville or Elk Grove Facilities. For the purpose of This Agreement, Elk Grove is a Discharger to the Bensenville Facilities. "Elk Grove Facilities" means those sanitary sewers, force mains, stations and appurtenances thereto located within the Service Areas that connect Dischargers located within the Service Areas to the Bensenville Facilities and that either exist on the date of this Agreement or are constructed during the term of this Agreement. "IEPA" means the Illinois Environmental Protection Agency. "Infiltration" means water other than wastewater that enters a sewer system (including sewer service connections) from the ground through such means as defective pipes, pipe joints, connections, or manholes. Infiltration does not include, and is distinguished from, Inflow. "Infiltration/Inflow" means the total quantity of water from both Infiltration and Inflow without distinguishing; the source. "Inflow" means water other than wastewater that enters a sewerage system (including sewer service connections) from sources such as roof leaders, cellar drains, yard drains, foundation drains, drains from springs and swampy areas, manhole covers, cross connections between storm sewers and sanitary sewers, catch basins, cooling towers, storm waters, surface runoff, street wash waters, or drainage. Inflow does not include, and is distinguished from, infiltration. "Person" means any and all persons, natural or artificial, including any individual, firm, company, municipal or private corporation, association, society, institution, enterprise, governmental agency, or other entity. "Service Area" means that area of Elk Grove that appears as the "shaded" portion on the map attached hereto as Exhibit A. "USEPA" means the United States Environmental Protection Agency. 2. Conveyance and Treatment of Wastewater Subject to the flow limitations set forth in Section 11 below, Bensenville shall convey from the Connections, treat and dispose of wastewater and infiltration/inflow that is discharged to or enters the Elk Grove Facilities and that is delivered to the Connections. 3. Maintenance of Facilities Bensenville shall maintain the Bensenville Facilities; Elk Grove shall maintain the Elk Grove Facilities. 4. Extension of Elk Grove Facilities Elk Grove may extend the Elk Grove Facilities to serve Dischargers who are located within the Service Area; provided, however, the no Connection other than the Devon -O'Hare Connection, Mark Street Connection, the Thomdale Avenue Connection and the Busse Road Connection (the locations of which are identified on the map attached hereto as Exhibit "A") shall be made at any time during the term of this Agreement. 5. Sewer Use and User Charge Ordinance 5.1 Elk Grove shall within the Service Area comply with all provisions of Bensenville's Ordinance for Sewers and Wastewater Treatment. 5.2 Elk Grove shall at all times during the term of this Agreement have in effect and enforce against Dischargers to the Elk Grove Facilities a sewer use and user charge ordinance which: (a) is maintained in conformity with the applicable requirements of 40CFR Part 35, Subpart I, as heretofore or hereafter amended (b) contains provisions that are at least as stringent as, and in conformity with, those contained in Bensenville's Ordinance Ordinance for Sewers and Wastewater Treatment (Exhibit "B"); and (c) has been approved by, or in good faith submitted for approval by, the federal or state agency responsible for its approval in connection with the eligibility of either Bensenville or Elk Grove for wastewater facility grants. 5.3 Bensenville shall at all times during the term of this Agreement have in effect and enforce against Dischargers to the Bensenville Facilities, sewer use and user charge ordinance which: (a) is maintained in conformity with the applicable requirements of 40 CFR Park 35, Subpart I, as heretofore or hereafter amended; and (b) has been approved by, or in good faith submitted for approval by, the federal or state agency responsible for its approval in connection with the eligibility of either Bensenville or Elk Grove for wastewater facility grants. 6. Compliance with Federal and State Laws and Regulations 6.1 Elk Grove and Bensenville shall each comply with all federal and state laws and regulations relating to wastewater collection and treatment facilities, as amended from time to time, and shall each use their best efforts to aid the other party to comply with such laws and regulations. 6.2 If Bensenville is at any time required by federal or state laws, regulations, permit condition or grant condition to impose upon or enforce against Dischargers to the Bensenville or Elk Grove Facilities, laws, regulations, requirements or obligations other than those presently included in Bensenville's Ordinance for Sewers and Wastewater Treatment or user charge ordinance, and if Bensenville amends either of such ordinances to impose such additional laws, regulations, upon Dischargers within its legal jurisdiction, then, upon 30 days days prior written notice from Bensenville to Elk Grove of the terms of such amendment Elk Grove shall: (a) comply with such amendment; (b) adopt an ordinance or ordinances containing provisions that are at least as stringent as, and in conformity with, those contained in such amendment; and (c) enforce Elk Grove's conforming ordinance or ordinances against the Dischargers to the Elk Grove facilities. 6.3 Any amendments to Bensenville's Ordinance for Sewers and Wastewater Treatment Plant or user charge ordinance adopted after the date of this Agreement that do not fall within the terms of section 6.2 herein above, shall impose no obligation on Elk Grove without Elk Grove's consent. 6.4 If at an time federal or state laws, regulations, permit conditions or grant conditions require that this Agreement be amended, the parties shall make such amendments. 6.5 Nothing in this Agreement shall be read or construed to limit or negate either parties right to challenge or oppose any proposed or adopted law or regulation. 7. Pretreatment Ordinances Elk Grove shall at all times during the term of the Agreement keep in force, an ordinance authorizing Bensenville to enforce Bensenville's pretreatment ordinance against Dischargers within the Service Area. Elk Grove's ordinance shall provide that Bensenville shall have the power and authority to do within the Service Area whatever Bensenville is empowered to do under the terms of its pretreatment ordinance within the village limits of Bensenville, including, but not limited to, to require submittal of information and reports, to require Dischargers to conduct effluent sampling at their own expense, to go onto premises for the purpose of inspection, to bring enforcement actions, and to issue or deny pretreatment permits. 8. Access and Inspection 8.1 Bensenville, upon reasonable notice to Elk Grove, shall have the right to inspect the Elk Grove Facilities and take any measurements, samples or tests it deems appropriate and shall have the right to inspect any of Elk Grove's ordinances, reports, studies, or analyses that reasonably relate to Elk Grove's compliance with this Agreement. 8.2 Elk Grove, upon reasonable notice to Bensenville, shall have the right to inspect the Bensenville Facilities and take any measurements, samples or tests it deems appropriate and shall have the right to inspect Bensenville's ordinances, reports, studies, or analyses that reasonably relate to Bensenville's compliance with this Agreement. 9. Measurement and Sampling of Wastewater 9.1 All analytical determinations or measurements required or allowed to be made under this Agreement shall be made in a consistent manner and in accordance with the edition of Standard Methods for Examination of Water. Sewage and Industrial Wastes (published jointly by the American Public Health Association, The American Water Works Association, and the Water Pollution Control Federation) that is current at the time the determinations or measurements are made. All Flow measurements shall be made by equipment having the same net accuracy. 9.2 Within 180 days from the date of this Agreement, Bensenville shall install Flow Metering Devices (hereinafter referred to as "Devices") at the locations identified in Exhibit A hereto and meeting the specifications set forth in Exhibit C hereto. 9.3 Upon installation, the devices shall be deemed to be part of the Bensenville Facilities and Bensenville shall read, record, and analyze the data collected by the Devices. All cost of operating, maintaining and replacing the Devices shall be the responsibility of Elk Grove. Any Device in need of replacement shall be replaced by Bensenville at Elk Grove's expense; replacement Devices shall be selected by Bensenville from the approved list of Devices as contained in Exhibit C attached hereto and made a part hereof. 9.4 All calibrations, testing and adjustments to the Devices shall be done by Bensenville after providing the Elk Grove Department of Public Works 24 hours notice by telephone, except in cases of emergency. In cases of emergency, contemporaneous telephone notification to the Elk Grove Department of Public Works shall suffice. If Elk Grove believes that any calibration or adjustment is inaccurate or erroneous, Elk Grove, in lieu of any other remedy it may have, shall notify Bensenville in writing of its objections to such calibration or adjustment. If Bensenville and Elk Grove fail to resolve any dispute relating to sewage sampling or to the quantity of flow measured or recorded, the dispute shall be submitted for binding arbitration to a registered professional engineer mutually agreeable to Bensenville and Elk Grove and the cost for such services shall be shared equally by Bensenville and Elk Grove. 9.5 The costs to purchase, install, and maintain the Devices shall be reimbursed to Bensenville and shall appear as separate fees on the billings received by Elk Grove. The fees associated with the purchase of the devices and their scheduled maintenance are as shown in Exhibit C attached hereto and made a part hereof. The annual maintenance fee shall be shall be divided into twelve (12) payments which shall appear on the Elk Grove billing over the life of the Agreement. The cost to purchase and install the meters shall be amortized over the first two years of the Agreement and divided into twenty- four (24) payments which shall appear on the Elk Grove billing. 10. Flow Limitations 10.1 The maximum allowable daily flow volume through the aggregate of all Connections (whether presently existing or constructed in the future) shall not exceed 760,000 gallons per day. 10.2 The maximum allowable daily flow volume through the aggregate of the Mark Street, Thorndale Avenue and Busse Road Connections shall not exceed 410,000 gallons per day. 10.3 The daily flow volumes shall be determined from recordings made by the flow metering devices at the Connections. The daily period shall be from 9: 00 a.m. on one day until 9:00 a.m. the next day. 10.4 The flow volume through the aggregate of all Connections (whether presently existing or constructed in the future) shall also not exceed an annual average of 303,600 gallons per day. 10.5 Compliance with the annual average limitation of section 10.4 above shall be determined by computing at the end of each contract year the mathematical average of all determinations of daily flow volumes available for that Contract Year. 10.6 Bensenville shall notify the Elk Grove Department of Public Works by telephone of any observed exceedance of either of the maximum allowable daily flow volume limitations within eight hours after the exceedance is observed and shall provide written notice of all exceedances that are observed during any calendar week within seven (7) days after the end of the week. 10.7 This Agreement may be amended by the written agreement of the parties to provide for a different method of determining flow volumes, to remove the flow metering devices from service, or to amend the flow volume limitations. 11. User Charge 11.1 Elk Grove is hereby deemed a single Discharger and shall pay a User Charge each month determined in accordance with the rates and charges for the use of and for the service supplied by the waterworks system of the Village of Bensenville as contained in the Village Code of Bensenville, Sec. 8-6-234 and amended from time to time. The Village of Elk Grove shall not be liable for payment of surcharges, as defined in Sec. 8-6-23-5 and 8-6-23-6 and amended from time to time, or pretreatment fees, as defined in Sec 8-6A-6 and amended from time to time, incurred by the individual Dischargers within the Elk Grove service areas. Elk Grove shall assist Bensenville in the collection of these fees. For the purposes of billing, Elk Grove shall be considered a single Person with a 5/8" water meter for the calculation of the Fired Charge.. 11.2 To permit determination of the flow from Elk Grove for the month, Elk Grove shall require each Discharger to the Elk Grove Facilities to have an accurate water meter in place and Elk Grove shall submit a copy of each Discharger's bimonthly or more frequent water meter reading to Bensenville within fifteen days after the end of each month. These water meter readings shall determine the sewer use charges incurred by Elk Grove owed Bensenville under this Agreement. 12. Bill Payment and Penalties All bills hereunder shall be submitted to Elk Grove on a bi-monthly or more frequent basis. Payment shall be due within 30 days after the bill is issued. If Elk Grove fails to pay a User Charge bill when due, the amount due shall bear the penalty rate of interest residents of Bensenville are assessed on past due sewer service charge bills. No penalty rate of interest shall be charged on amounts which are incorrectly billed. 13. Non -Discrimination 13.1 The charges for services furnished to Elk Grove under this Agreement shall not exceed the charges which would be obtained under the lowest rate lawfully fixed by Bensenville for like services to any other customer of Bensenville. This section shall not be construed to modify the provision of section 12 regarding the penalty rate of interest payable by Elk Grove for past due bills. 13.2 Elk Grove shall be entitled to a discount for prompt payment of bills not less than the highest discount, if any, allowed to any other customer of Bensenville. As of the date of this Agreement no such discount is applicable. 14. Indemnification and Liability 14.1 Bensenville (a) shall not be liable for events beyond its control and (b) shall not be liable for, and Elk Grove shall indemnify and save and hold Bensenville harmless from and against, any and all damages, liabilities, losses, costs, expenses, fines, penalties, awards and other costs and expenses incident to, arising out of, or sustained as a result of, the negligence, gross negligence, recklessness or intentional conduct of Elk Grove, or its agents or employees, relating to or connected in any way with the operation, maintenance, construction or regulation of the Elk Grove Facilities or the Bensenville Facilities. 14.2 Elk Grove (a) shall not be liable for events beyond its control and (b) shall not be liable for, and Bensenville shall indemnify and save and hold Elk Grove harmless from and against, any and all damages, liabilities, losses, costs, expenses fines, penalties, awards and other costs and expenses incident to, arising out of, or sustained as a result of, the negligence, gross negligence, recklessness or intentional conduct of Bensenville, or its agents or employees, relating to or connected in any way with the operation, maintenance, construction or regulation of the Elk Grove Facilities or the Bensenville Facilities. 15. Remedies 15.1 If Elk Grove fails to adopt or enforce an ordinance in accordance with this Agreement, Bensenville may, in addition to any other remedy it may have, directly enforce as Elk Grove's agent Bensenville's corresponding ordinance against any Discharger to the Elk Grove Facilities. 15.2 The parties agree that the flow limitations imposed by section 10 are of the essence of this Agreement. If Elk Grove fails to comply with the flow limitations of section 10 and fails within a reasonable time to remedy such non-compliance, Bensenville shall be authorized to apply to the Circuit Court of DuPage County, Illinois for an order requiring Elk Grove to take emergency measures to comply immediately with the flow limitations of section 10 and to take appropriate long- term actions to prevent further exceedances. It is understood by the parties that, at its option, Bensenville may submit a dispute to flow exceedances to arbitration under section 15.3 below in lieu of seeking relief in court. 15.3 Except for controversies subject to sections 9.3 or 15.2 above, all claims disputes or controversies arising under this Agreement shall be submitted to non- binding arbitration in accordance with the following: (a) Either party to this Agreement may request arbitration by providing written notice to The other party demanding arbitration and suggesting the name of an individual as arbitrator. (b) If the parties are unable to agree on an arbitrator within 10 days after demand for arbitration is made, the dispute shall be submitted to the American Arbitration Association ("AAA") or its successor and an arbitrator shall be chosen forthwith in accordance with the AAA's Commercial Arbitration Rules. (c) Regardless of the method by which an arbitrator is chosen, the arbitration shall be conducted pursuant to the AAA's Commercial Arbitration Rules, to the extent such rules are not inconsistent with the items of this section. (d) Upon the demand of either party, the arbitrator shall set a date for hearing, which date shall be no more than fourteen (14) days from the date demand is made. The arbitrator shall render his decision within seven (7) days after the close of the hearing. No continuances or extensions of time shall be granted by the arbitrator except under exceptional circumstances. (e) The decision of the arbitrator on all arbitrable disputes shall be a condition precedent to any right of legal action that either party may have against the other. (f) Nothing herein shall be deemed to give the arbitrator the authority, power or right to alter, amend, change, modify, add to or detract from any of the provision of this Agreement. (g) If the arbitrator deems any party's breach of this Agreement to be substantial, he may rule that the aggrieved party has the right to terminate this Agreement and to withhold all future performance hereunder. (h) The arbitrator's and AAA's fees shall be borne by the losing party and each party shall bear its own costs of submitting a dispute to arbitration. 16. Execution and Approval This Agreement shall take effect and be enforceable only after it is approved by resolution or ordinance adopted by both Bensenville and Elk Grove. 17. Amendments No amendment to or extension of this Agreement shall be binding on the parties hereto unless such amendment or extension is in writing and is executed and approved in accordance with section 16 above. 18. Extensions Elk Grove shall be allowed to discharge waste water from the Service Area to the Bensenville Facilities not in excess of the flow limitations set forth in section 10 above for so long as (a) this Agreement, or modifications or extensions thereof, remain in effect, and (b) Elk Grove complies with all terms and conditions of this Agreement, or modifications or extensions thereof. At the end of the stated term of this Agreement, and at the ends of any extended terms thereof, the parties shall in good faith negotiate extensions and needed modifications. 19. Entire Agreement This written contract embodies the entire agreement of the parties in relation to the subject matter, and no understandings of agreements, verbal or otherwise, in relation thereto exist between the parties except as expressly set forth herein. 10 20. Notices or Submittals 20.1 All written notices or submittals required or allowed hereunder shall be effective: (a) upon delivery, in person or by fax to the appropriate Village Manager or President or to his assistant at the office of the Manager or President, or (b) by U.S. Mail - Certified, Return Receipt Requested, five days after the posting of the item, prepaid and properly addressed, to the appropriate Village Manager or President, or (c) upon receipt The proper addresses are as follows: Village Manager Village of Bensenville 700 West Irving Park Road Bensenville, Illinois 6010E Fax: (630) 350-0260 Village Manager Village of Elk Grove 901 Wellington Avenue Elk Grove Village, Illinois 60007 Fax: (847) 357-4044 20.2 All notices required hereunder to be made by telephone shall be effective after reasonable efforts are made to contact the following persons at the following telephone numbers: Village of Bensenville Director, Department of Public Works Telephone: (630) 766-8200 Village of Elk Grove Director, Department of Public Works Telephone: (847) 734-8800 21. Headings The section titles and headings herein are intended only for the convenience of the parties and shall not be construed or read to modify or alter The terms of this Agreement. 22. Termination and Extension This Agreement shall terminate on August 31, 2009. SEAL Village of Bensenville By: Village President Attest: Village Clerk SEAL Village of Elk Grove By: Craig B. Johnson Village President Attest: Ann I. Walsh Village Clerk Dated: August 10, 1999 12