6.1. SR 04-06-2009~//
City of
Elk -~
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 Great River Peter Beck, Ci Attorne
Energy Peaking Plant Reviewed by
Action Requested..
Approval of the attached Wastewater Disposal Permit for the Great River Energy Peaking Plant.
Background/Discussion
The peaking plant currently 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 wastewater treatment plant. The attached
Wastewater Disposal Permit, which is modeled after a similar permit Great River Energy has with
the City of Cambridge and has been reviewed by the city attorney, requires that the discharge to
the city's treatment plant be tested prior to pumping. The permit 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 financial 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 Permit
Action Motion by Second by Vote
FOIIOW 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 fuel-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 controls 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 WWTP.
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 requirements 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 shall remain in effect for a term of one year. The 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 terms 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: Charges 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
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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 term to be payable
immediately, without notice or demand; and/or 2) terminate this Permit by giving
written notice to GIZE.
3.3 The treatment charges calculated and paid by GRE pursuant to this agreement
shall be exclusive of all other fees, charges, 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 approved pumping of the tested load to the WWTP.The
testing requirements set forth in this Permit may be waived by the
Operator of the WWTP, but only in writing.
4.1.2 G1tE 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 shall 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 WWTP.
(ii) No Wastewater discharged by G1tE to the WWTP shall exceed the
Discharge Parameters set forth in Section 5 of this Agreement.
4.2.3 Exceedance of any discharge 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 Discharge Parameters 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 Parameters 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, recommendations
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 a1I data
and shall allow G1tE, 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 for are as
follows:
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Effluent
Parameter Type of
Sample Standard
m 1 Daily
Average Monthly
Maximum Sampling
Freguency(2)
Flow Metered 65,000 1,300,000 Continuous
[metered]
CBODS Grab 220 Annually
TSS Grab 240 Annually
NH3 Grab 25 Annually
Phosphorus,
Total Grab 7 Annually
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
Conductivity Grab 5.0 min-
10.5 max. Annuall
y
Molybdenum Grab 10.0 Annually
(1) The standards for 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 metals in stored residuals.
(3} A sample and analysis is only required if Wastewater is discharged to the Facility within the
calendar year.
5.3 The results of the sampling and testing shall be provided to the City prior to
pumping the Wastewater to the WWTP to confirm conformance of the
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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 maintain, 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 Mechanisms.
5.5.1 GRE shall, at its sole expense, install and maintain measuring devices
acceptable 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 shall 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. Notwithstanding 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, statute,
regulation or ordinance or common law.
6.2 Dispute. In the event of a dispute between the parties with respect to this Permit,
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
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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 Permit 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 authorized to bind GRE.
7.1.2 Documents. The information included in ali documents delivered to City
by GRE is, to the best of GRE's knowledge, true, correct and complete in
all material respects and did not omit any material information that is
required to make the submission thereof complete.
7.1.3 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 or 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 warrants to GRE as
follows:
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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 laws, statutes, ordinances and regulations for the
term of this Permit and any renewals thereof. The City further 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 shall 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
declared 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.
8.3 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
13065 ORONO PARKWAY
ELK RIVER, 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. This 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 reasonably withheld.
8.5 Effect. This Permit is binding upon the parties hereto, their successors and
assigns.
8.6 Survival and Benefit. 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 successors 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 are 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.
8.9 .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 constitutes 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
attributable 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
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Permit due to the occurrence of any event within the exceptions indicted by this
Section shall not be deemed by either party to be default.
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SIGNATURE PAGE FOR
WASTEWATER DISPOSAL PERMIT 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 RIVER, MN
By:
Mayor
By:
City Clerk
The terms of this Revision Agreed to by Great River Energy.
GREAT RIVER ENERGY
By:
By:
GP:2436334 v4
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