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4.6 SR 05-02-2022Request for Action To Item Number Ma Tor and CinT Council 4.6 Agenda Section Meeting Date Prepared by Consent Ma�T 2, 2022 Justin Femrite, P.E., Public Works Director Item Description Reviewed by Termination of Wastewater Disposal Permit for Great River Cal Pormer, Cit�- Administrator Energ�T Peaking Plant Reviewed by Action Requested Approve, byT motion, termination of the e�sting Wastewater Disposal Permit Background/Discussion In accordance with the terms of the e�sting Wastewater Disposal Permit approved b�T the CityT Council on April 6, 2009, Great River Energ�T (GRE) has made a request to terminate the permit. Staff has revie`ved the request and the historic flo`vs received from the peaking plant facilit�r. The original permit was put in place before the peaking plant was online and was fuYtheY based on foYecasted flow volumes and concentrarions of sewage. With a clear historyT of both, we have determined the volume and sewage analyTsis fall far shoYt of any needs for this special peYmit to be in place. We support the request and herebyT recommend the Council take formal action to terminate the permit. GRE will continue to discharge to our se`verage syTstem without anyT changes. TheyT will be classified and charged as a normal sewer customer with no special requirements of a stand-alone disposal peYmit. Financial Impact None Mission/Policy/Goal Meet changing needs - Agile Attachments ■ Request fYom Great RiveY EneYgy ■ Original Staff report and Disposal Permit from 4-6-2009 The Elk River Vision A 2a�elcolning co�nlnunity 2a�ith T evolutiona� y and spizzted T esou� cefulness, exceptional se�vice, and coln�nunity engagelnent that encou�ages and ins�iz•es pTo�pe�zty. row�REo ar �I'1 ���� Up�iited.• August 2020 Femrite, Justin From: Heinen, Erik GRE-MG <EHeinen@GREnergy.com> Sent: Wednesday, April 27, 2022 12:40 PM To: Femrite, Justin Subject: Request to Terminate Wastewater Agreement with GRE Justin, Great River Energy is requesting the termination of our current discharge permit that covers discharges of wash water, evaporation cooler water and other similar waste water, consistent with past operations from our Elk River Peaking Station. We understand that the City of Elk River has determined that the wastewater discharged from the facility to the Elk River Sewer System can continue without the existing permit in place due to the limited volume discharged. Our operations and discharge to the sewer system will continue after the elimination of the permit. Please contact me with any questions. Thanks Erik Heinen Environmental and Sustainability Administrator Great River Energy 12300 Elm Creek Boulevard Maple Grove, MN 55369 direct: 763.445.5203/ cell: 612.801.1269 eheinen(a�qrenerqy.com greatriverenergy. com NOTICE TO RECIPIENT: The information contained in this message from Great River Energy and any attachments are confidential and intended only for the named recipient(s). If you have received this message in error, you are prohibited from copying, distributing or using the information. Please contact the sender immediately by return email and delete the original message. City of El �.. River REQUEST FOR ACTION To Item Number Ci Council 6.1. Agenda Section Meeting Date Prepared by Public Works A ri16, 2009 Tex Maurer, Public Works Director Item Description Reviewed by Approval of Wastewater Disposal Permit for GYeat RiveY Peter Beck, Ci Attorne Energy Peaking Plant Reviewed by Action Requested Approval of the attached Wastewater Disposal Permit for the GYeat River Enexgy Peaking Plant. Background/Discussion The peaking plant cuxrendy being built on the Great River Energy campus will collect rainfall and runoff from the peaking plant footprint and contain it in a tank on site. Great River Energy is proposing to discharge the tank when full to the wastewatex treatment plant. The attached Wastewater Disposal Permit, which is modeled after a similar permit Great Rivex Enexgy has with the City of Cambridge and has been reviewed by the ciry attorney, requires that the discharge to the city's treatment plant be tested priar to puxnping. The pexmit also lays out a series of flow parameters that must be tested for, generally on an annual basis. There will be a flow meter installed at Great River Energy's expense that will monitor the flow for billing purposes. Gary Leirmoe, Chief Operator of the treatment plant, Peter Beck, City Attorney and I have all reviewed this agreement and recommend approval. Financial Impact 'There will be no financia.l impact to the city, as Great River Energy has paid for all installations required and will pay for flow discharge to the treatment plant In addition, they are paying one Sewer Availability Charge (SAC) for the benefit of hooking up the peaking plant discharge to the city's treatment plant. Attachments • Wastewater Disposal Pexmit Action Motion by Second by Vote Follow Up S:\PUBLIC WORKS\Sewer Division\04 OG 09 cc memo Peaking P►antdoc WASTEWATER DISPOSAL PERMIT For GREAT RIVER ENERGY DATED EFFECTIVE SECTION 1. RECITALS The City of Elk River ("City") owns and operates a Wastewater Treatment Plant ("WWTP") for the treatment of residential and commercial Wastewater. Great River Energy ("GRE") intends to operate a 175-MW (summer rating) gas- or fue!-oil-fired, peaking electric generating power plant ("Peaking Station") in the City. The Peaking Station will produce: (a) Wastewater from an evaporative cooler blow-down; (b) Wastewater from service water used to wash equipment; and (c) stormwater runoff from containment sumps {collectively referred to herein as"Wastewater"). The WWTP has the capacity to receive and treat the Wastewater. GRE is requesting year-round discharge of the Wastewater to the WWTP. The City is willing to receive and treat the Wastewater from the Peaking Station pursuant to the terms of this Wastewater Disposal Permit ("Permit"). In order for the City to provide effective Wastewater treatment, limitations and cantrols on the discharge of the Wastewater from the Peaking Station to the WWTP are necessary and are incorporated into the terms of this Permit. SECTION 2. AGREEMENT NOW THEREFORE, in consideration of the above recitals and the covenants and permits hereinafter set forth, the parties agree as follows: 1. General: 1.1 GRE agrees to comply in all material respects with all valid and enacted laws, statutes, regulations and ordinances applicable to the discharge of Wastewater to the W WTP. 1.2 The conditions of this Permit supersede any other arrangements or requirements by City pertaining to discharges from GRE to the WWTP. GRE must also comply with any terms and reyuirements of the City's Municipal Code in relation to sanitary sewer that are not modified by this Permit. 1.3 The terms and conditions of this Permit may be modified by City during the term of the Permit if deemed necessary by City to protect the ability of the WWTP to function and to meet the terms of its State permits. City shall notify GRE of any such modification to this Permit at least sixty (60) days prior to the effective date of the modification. 2. Term of the Permit. 'The term of this Permit shall commence on the date of execution by both parties, which shall be the Effective Date. The Permit sha11 remain in effect for a term of one year. T'he Permit shall automatically renew annually unless written notification of termination is given by either party as provided herein. The Permit may be terminated during the term as provided in Section 6.4 hereof, or by mutual written agreement of both parties. All automatic renewals shall be on the same tezms and conditions. 3. Payments. 3.1 GRE agrees to pay charges for treatment of Wastewater as follows: 3.1.1 GRE shall pay one Sewer Availability Charge (SAC) charge prior to connection to the WWTP. The SAC charge shall be $3,885. 3.1.2 Monthly charges for Wastewater treatment service shall be based on volume. 3.1.3 Volume Charge: Chazges for Wastewater flow volumes per month shall be the monthly total measured volume discharged in 1,000 gallon units times $25.00 per 1000 gallons. 3.1.4 Penalties: The City shall reserve the right to charge a penalty for exceeding any of the Flow or Discharge Parameters set forth in Sections 4 and 5 of this Permit. The rate for exceeding specific limits will be as 2 follows: $100 for not staying within the range of pH; $1,000 each for exceeding any of the other Discharge Parameters set forth in Sections 4 and 5. In addition to any penalties, GRE shall pay any fines levied by the State of Minnesota or Federal Government for violations of the City's NPDES permit that are a proven direct result of flows or loadings in excess of the limits of Sections 4 and 5. 3.2 In the event GRE fails to pay the charges on or before the payment date shown on the invoice, and unless a notice of dispute has been filed as provided in this Permit, City shall give written notice of such failure to GRE and a one time late payment charge of 10% of the billing will be charged. If GRE fails to pay the charges within thirty (30) days of such notice, City may: 1) declare all of the user charges which are due and which are to become due during the terrn to be payable immediately, without notice or demand; and/or 2) terminate this Permit by giving written notice to GRE. 3.3 The treatment charges caiculated and paid by GRE pursuant to this agreement shall be exclusive of all other fees, chaxges, fines or payments of whatever kind. 4. Wastewater Discharge. 4.1 GRE will be allowed to connect the Peaking Station to the City's wastewater collection system, subject to the following conditions: 4.1.1 No Wastewater may be pumped from the Generating Station to the WWTP until the Wastewater has been tested, as provided in this Permit, the test results have been provided to the Operator of the WWTP, and the Operator has appraved pumping of the tested load to the WWTP.The testing requiretnents set forth in this Permit may be waived by the Operator of the WWTP, but only in writing. 4.1.2 GRE shall not pump Wastewater to the WWTP at a rate higher than 350 gallons per minute. 4.2 Discharge Parameters. 4.2.1 General Limitations. GRE sha11 comply with the discharge limitations and other provisions of the City's current Sewer Service Ordinance. 4.2.2 Specific Discharge Limitations. Subject to all other regulations and laws affecting Wastewater discharged by GRE, GRE's discharge to the WWTP shall meet the following conditions: (i) No waters or wastes having a pH lower than 5.0 or higher than 10.5, or having any other corrosive property capable of causing damage or hazard to structures, equipment and personnel of the Wastewater collection system or the WWTP, shall be pumped to the W WTP. (ii) No Wastewater discharged by GRE to the WWTP shall exceed the Discharge Parameters set forth in Section 5 of this Agreement. 4.2.3 Exceedance of any dischazge limit or Discharge Parameter by GRE shall be considered a discharge limitation violation subject to the penalty previously defined within this Permit, which GRE shall pay to the City for such violations. 4.3 Modification of Discharge Parameters. 4.3.1 General. City reserves the right to modify the Dischazge Para.meters and add new Discharge Parameters if City has good cause. "Good cause" shall include, but is not limited to a change or addition required by a change in the discharge characteristics permitted under the NPDES Permit issued by the MPCA to City; a change in the discharge characteristics permitted by Minnesota law; a change which is reasonable and necessary due to a significant change in the characteristics of the discharge; and a change necessary to maintain compliance with effluent limits specified in City's NPDES Permit. City will provide GRE sixty (60) days written notice of proposed permanent modifications or additions to the discharge parameters prior to their proposed effective date, and GRE shall have thirty (30) days after such notice to object to such modified or additional discharge parameters. 4.3.2 Emergency Conditions. Notwithstanding Subparagraph 4.2.1, City reserves the right to modify existing Discharge Paxameters and to add new Discharge Parameters to respond to emergency conditions. "Emergency conditions" means preventing damage to the WWTP, repairing or replacing damaged or failed equipment in the WWTP, recammendations by City's engineer, and maintaining compliance with the conditions of the NPDES Permit. City will provide GRE twenty-four (24) hours' written notice prior to modifications or additions to the discharge parameters to respond to emergency conditions taking effect. 5. Measurement and Testing of Wastewater Discharge. 5.1 The City may conduct such sampling and testing of the Wastewater as it deems necessary and appropriate. The Ciry shall provide GRE with copies of alI data and sha11 allow GRE, at its sole risk and expense, to observe such sampling and testing. Upon not less than five (5) business days prior written notice, GRE shall have the right to inspect and review during normal business hours all records maintained by the City relating to sampling and testing of the Wastewater. 5.2 Prior to pumping any Wastewater to the WWTP, GRE shall collect a representative sample of the Wastewater and have it analyzed by a Minnesota state certified laboratory. The frequency and parameters to be analyzed far are as follaws: 4 Effluent Type of Standard Dailv Monthlv Sampling Pazameter Sample m 1 Avera�e Maximum Freauencvf2) Flow Metered 65,000 1,300,000 Continuous [metered] CBODS Grab 220 Annually TSS Grab 240 Annually NH3 Grab 25 Annually Phosphorus, Grab 7 Annually Total Oil and Grease Grab 20 Annually Cadmium Grab 2.0 Annually Chromium Grab 8.0 Annually Copper Grab 6.0 Annually Cyanide - Total Grab 4.0 Annually Lead Grab 1.0 Annually Mercury Grab 0.005 Annually Nickel Grab 6.0 Annually Zinc Grab 8.0 Annually pH and Specific �,ab 5.0 min- Annuall Conductivity 10.5 m�. y Molybdenum Grab 10.0 Annually (1) 1 he standards tor these parameters are maximums in any 24 hour period. pH standards are instantaneous readings. (2) This sampling frequency may increase if WWTP experiences process upset conditions or see an increase of inetals in stored residuals. (3) A sample and analysis is only reyuired if Wastewater is discharged to the Facility within the calendar year. 5.3 The results of the sampling and testing shall be provided ta the City prior to pumping the Wastewater to the WWTP to confirm conformance of the 5 Wastewater with the discharge parameters. This requirement may be waived by the Chief Operator of the WWTP, but only in writing. 5.4 GRE shall mainta.in, at GRE's expense, a totalizing flow meter at the Peaking Station discharge point that will accurately measure Wastewater delivered to the WWTP. 5.5 Type and Location of Measuring Devices and Recording Mechanisrns. 5.5.1 GRE shall, at its sole expense, install and maintain measuring devices accepta.ble to the City. 5.6 Access to Measuring Devices and Recording Mechanisms. 5.6.1 City shall have the right of access to the measuring devices and recording mechanisms at reasonable times and in a reasonable manner and may perform accuracy tests or other inspections. 5.7 Adjustments and Calibrations. 5.7.1 Flow measurement and sampling system sha11 be inspected and calibrated according to manufacturer's recommendations by an impartial independent service. The Chief Operator of the WWTP can waive the requirement for an independent service, but only in writing. GRE shall be liable for the cost of inspecting and maintenance of the flow measurement and sampling system. 5.8 Measurement and Sampling Schedule. 5.8.1 Flow measurement shall be continuous except for periods of malfunctions and servicing of the device. Sampling and testing of discharge parameters shall take place as listed in the table below. 5.9 Missing Data. Missing flow data or lack of a proper composite Wastewater sample for analysis shall be considered a violation of the terms of this Permit 6. Remedies. 6.1 Right to Remedy. Natwithstanding the provisions of this Permit, the City does not relinquish any right or interest it may have to remedy a persistent violation of GRE's discharge parameters arising under any federal, state or local law, sta.tute, regulation or ordinance or common law. 6.2 Dispute. In the event of a dispute between the parties with respect to this Permif, the parties agree to endeavor to resolve such dispute between them. In the event such dispute cannot be resolved by and between the parties, the parties may utilize � the services of a mediator or arbitrator prior to filing suit in a Court of competent jurisdiction. 6.3 Liability for Damages. In the event GRE violates any of the provisions of this Permit, or the Ordinances of the City, or has a discharge which is proven to cause a deposit, obstruction, damage or other impairment to the WWTP or the City's Wastewater or system, GRE shall become liable to the City for any expense, loss, damage or fines imposed on the City on account of any State or Federal law, caused as a result of such violation or discharge. 6.4 Right to Terminate. In addition to all other remedies City may have, City shall have the absolute right to terminate this Pemut and prohibit GRE from making any further discharges to the WWTP if GRE violates any of the terms of this Permit or if City determines, in its sole discretion, that GRE's discharges of Wastewater to the WWTP are negatively affecting the ability of the WWTP to function and meet the terms and requirements of its State permits 7. Representations and Warranties. 7.1 Representations and Warranties by GRE. To induce City to execute, deliver and perform this Permit, GRE warrants and represents to City as follows: 7.1.1 Authorization. The individuals signing this Permit on behalf of GRE are duly autharized to bind GRE. 7.1.2 Docutnents. The information included in ali documents delivered to City by GRE is, to the best of GRE's knowledge, true, correct and complete in a11 material respects and did not omit any material information that is required to make the submission thereof complete. 7.13 Liabilities Not Assumed. GRE recognizes that the City is not purchasing, receiving or assuming any of GRE's contracts with, or obligations or liabilities of any nature ar kind whatsoever, to any person not a party to this Permit. 7.1.4 Corporate Existence. GRE is a Corporation duly organized, validly existing and in good status under the laws of the State of Minnesota. GRE warrants and represents that it is duly qualified to conduct business in the State of Minnesota. 7.1.5 Accuracy of Representations and Warranties by GRE. To the best of GRE's knowledge, all representations and warranties of GRE in this Permit are true and correct. 7.2 Representations and Warranties by City. City represents and wanants to GRE as follows: 7.2.1 Authorization. The execution, delivery and performance of this Permit, and the consummation of any transaction contemplated by this Permit, have been duly approved by the City Council. The individuals signing this Permit and all other documents executed, or to be executed, pursuant to this Permit, on City's behalf, are, or shall be, duly authorized to sign on City's behalf and to bind City. 7.2.2 Accuracy of Representations and Warranties by City. To the best of City's knowledge, all representations and warranties of City in this Permit are true and correct. 7.2.3 Capacity. City warrants and represents that it will maintain the WWTP and the Improvements to the WWTP in accordance with all applicable federal, state, and local Iaws, sta.tutes, ordinances and regulations for the term of this Permit and any renewals thereof. The City furkher represents and warrants it has sufficient capacity and technologies at the WWTP to adequately treat the Wastewater discharged to it by GRE and other discharges in the City. 7.2.4 Documents. City sha11 keep accurate books, records and accounts of its costs, expenses, expenditures and disbursements which may be made or entered into for construction, expansion, improvement or operation and maintenance of the WWTP. The accounting standards used in this Permit shall substantially conform to the uniform system of accounts for municipal utilities. 8. Miscellaneous. 8.1 Waiver. Either party may, in writing, waive any default of the other party without waiving any other default, and the failure of the non-defaulting party to exercise any right or remedy upon the default or noncompliance with the terms hereof shall not be taken as a waiver thereof. 8.2 Severability. In the event any provision of this Permit, or a part thereof, shall be declaxed invalid or become invalid as a result of any State or Federal statute, regulation, or law, such invalidity shall not operate to invalidate any other provision of this Permit and the invalidity shall not constitute a basis for terminating this Permit. 83 Notices. For the purposes of this Permit, any notice, shall be in writing addressed to the party at the address stated hereinafter, or at such other address as may hereafter be given by notice to the other, and shall be deemed given on the date the notice is deposited in the U.S. Mail, certified and postage prepaid, and addressed to the other party. Sending written notices via facsimile (fax) shall also be considered acceptable and proper notification. Any notification sent via fax shall also be sent via U.S. Mail. Unless otherwise provided herein, notice shall be addressed to the parties as follows: CITY: ATTN: PUBLIC WORKS DIRECTOR CITY OF ELK RIVER 13�65 ORONO PARKWAY ELK RNER, MN 55330 GRE ATTN: ERIK SILVOLA GREAT RIVER ENERGY 12300 ELM CREEK BOULEVARD MAPLE GROVE, MN 55369-5210 The parties may, by written notice, designate another or different address to which or person to whom all notices shall be given. 8.4 Assignment. 1'his Permit, and any of the rights granted hereunder, shall not be transferred or assigned in whole or in part by either party without the prior written consent of the other, which consent may not be reasanably withheld. 8.5 Effect. This Permit is binding upon the parties hereto, their successors and assigns. 8.6 Survival and Beneft. All representations, warranties, permits, indemnifications and obligations of the parties shall survive the execution of this Permit - and the same shall inure to the benefit of and be binding upon the respective successors and assigns of the parties. 8.7 No Third-Party Benefits and Assignment. This Permit is for the sole and exclusive benefit of the parties to this Permit and their respective successars and assigns and no third party is intended to or shall have any rights hereunder. 8.8 Interpretation. The headings and captions of this Permit aze included far ease of reference only, and shall not be construed to limit or otherwise affect the interpretation of the sections and articles to which they apply. 89 The Recitals are hereby incorporated in this Permit, constitute a part of this Permit, and are made a part of this Permit as fully and completely as if set out herein in their entireties. 8.10 Entire Permit. This Permit canstitutes the entire Permit between the parties. This Permit or any provision of this Permit may be amended from time to time during the Term only by an instrument in writing signed by the parties. 8.11 Force Majeure. The parties will be excused from the performance of any of their respective obligations for the duration of any interruption occasioned by any event which is beyond their respective control, and which is not entirely atiributable to their awn fault or actions, including, but not limited to: Acts of God, changes in law, labor strikes; explosions; fires; vandals; war; or malicious chief. Either party's failure to perform their respective obligations under this 9 Permit due to the occurrence of any event within the exceptions indicted by this Section sha11 not be deemed by either party to be default. 10 SIGNATURE PAGE FOR WASTEWATER DISPOSAL PERNIIT FOR GREAT RIVER ENERGY CAMBRIDGE STATION IN WITNESS WHEREOF, this permit has been approved and executed by the CITY OF ELK RIVER on the respective date set forth beneath. CITY OF ELK RNER, MN : Mayor : City Clerk The terms of this Revision Agreed to by Great River Energy. GREAT RIVER ENERGY I� I: GP:2436334 v4 11