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HomeMy WebLinkAboutNutri-Ject Systems, Inc.-4/28/2014CITY OF WATERLOO, IOWA WASTE MANAGEMENT SERVICES 3505 Easton Ave. • Waterloo, IA 50702 • (319) 291-4553 Fax (319) 291-4523 CITY OF WATERLOO Council Communication City Council Meeting: 4/28/2014 Prepared 4/22/2014 Dept. Head Signature:�ci iz. 7 •7 # of Attachments: 1 SUBJECT: Biosolids Management, Storage, and Land Application Contract Submitted by: Larry N. Smith, Superintendent WMS Recommended City Council Action: Requesting Council approval to extend the Contract with NutriJect Systems, Inc., for the Biosolids Management, Storage, and Land Application, with a new rate of $4,900.00 per month ($ 200.00 monthly increase) for the biosolids Storage building for a five year term commencing August 1, 2014 through July 31 2019. Summary Statement: We are now entering into our 15`j' year contract with Nutri-Ject Systems for the management, storage and land application, we have enjoyed a great relationship and they will continue to provide the City of Waterloo with all required IDNR bi-monthly analysis and all bio -solids related correspondence and the IDNR/EPA required annual reports. Expenditure Required: Source of Funds: Sewer/520 Policy Issue Alternative Background Information: On July 1, 2004 the monthly lease rate for the bio -solids storage building was reduced from $18,000.00 per month to a rate of $4,700.00 per month for July 1, 2009 through July 31, 2014. CITY WEBSITE: www.cityofwaterlooiowa.com WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer ,v.eleckilt®c, hie April 14, 2014 Mr. Larry Smith, Superintendent Water Pollution/Flood Control Department 3505 Easton Ave. Waterloo, IA 50702 Re: Biosolids Management, Storage, and Land Application Contract 515 FIFTH STREET BOX 398 HUDSON, IOWA 50643 PHONE (319) 988-4601 FAX (319) 988-3506 Dear Larry, Per our present contract we are now entering into our 15th year and as of July 1, 2004 your monthly lease rate based upon Article IV of the master contract document for the biosolids storage building was reduced from $18,000.00 per month to a rate of $4,700.00 per month from Julyl, 2009 through July 31, 2014. The new rate for the (5) year term will be $4,900.00 per month commencing August 1, 2014 through July 31, 2019. There will be no other price increases in our management, transportation and land application of the City of Waterloo's biosolids and as always we will continue to provide the City of Waterloo with all required IDNR bi-monthly analysis and all biosolids related correspondence and the IDNR/EPA required annual reports as per CFR part (40) section 503 regulations. We have enjoyed a great relationship since 1989 and I believe the decision that was made by the City of Waterloo to partner with Nutri-Ject. Systems, Inc. was a good decision and has been mutually beneficial to both parties. We are bringing to the table a proven track record of excellence with 75,000 dry tons of wastewater residuals land applied annually by our firm in and around the Midwest and an impeccable reputation within the industry as well as with the Iowa Department of Natural Resources. Our staff has in excess of 130 years of combined experience in the land application and the management of residuals. Our mission statement is "To provide outrageous service to our customers by doing whatever it Dredging • Land Application of Biosolids • Residual Management www.nutriject.com takes to get the job done in a timely and environmentally sound manner, while providing a safe and secure, stable future for the men and women we work with !" To that end hopefully we have lived up to you and your staffs expectations. Thank you in advance Larry for your consideration in this matter, and we look forward to working with you and your staff and the City of Waterloo's continued success in the future. Sincerely Yours, R. Scott Wienands, President Nutri-Ject Systems, Inc. CliOm►:X6, t ` ) .� 4 ,�� 1 1AGREEMENT� i".01 ,o l f1,®tf For x,31' 11 6;,-/ Turnkey Biosolids Professional Management 'rogram With The City Of Waterloo Water Pollution/Flood Control Department RECITALS THIS AGREEMENT, made and entered into this clay of , by and between: THE City of Waterloo, a municipal corporation located in the Comity of Black t lawk, State of Iowa (hereafter the "OWNER") acting through its City Council, and Nutri-Ject Systems, Inc., an Iowa corporation with its principal place of business at 515 5th Street, Hudson, Iowa (hereafter "NJS"). WHEREAS, the OWNER owns the by-product Biosolids, produced at the Wastewater Facility (as defined in Attachment A and more specifically listed in Exhibit One); WHEREAS, the OWNER has the authority under the laws of the State of Iowa (the "State") and desires to enter into a professional services contract for the management of the Biosolids produced by the OWNER ; WHEREAS, NJS is experienced in and capable of supplying professional management services to the OWNER ; and WHEREAS , the OWNER desires to engage NJS to act as its independent professional biosolids hauling firm in the management of all Biosolids produced and stored; NOW, THEREFORE, in consideration of the mutual agreements herein contained, and subject to the terms and conditions herein stated, the parties agree as follows: ARTICLE I - PURPOSE During the terms of this Agreement, the OWNER agrees to engage NJS as an independent professional Biosolids hauling firm to manage all Biosolids stored and produced, which are owned and controlled by the OWNER. Each party hereto agrees that it will cooperate in good faith with the other, its agents, and subcontractors to facilitate the performance of mutual obligations set forth in this Agreement. NARIVICRA SCONPE OY SERVICES The scope of services to be provided by NJS under this Agreement will include the management, equipment, testing, recordkeeping, storage facilities, labor, and land application of the Biosolids to the extent specifically set forth in this Article 11 (hereinafter the "Scope of Service"): Attachment A-1 C-1 Biosolids CONTROL AND 503 REGULATIONS NJS's goal is to manage the Biosolids to meet all the tJSEPA 503 ;Hid II)NR Chapter 67 requirements as defined in Attachment A, of the existing National Pollutant Discharge Elimination System ("NPDES") permit No. 07-90-0-01 as well as any other federal, state, and local requirements. NJS shall be responsible for overseeing OWNER's compliance with all federal, state, and local permit requirements and shall complete all documentatioir needed for said permits required in the management of the Biosolids_ NJS shall use its best efforts to provide this level of management at or below a maximum Biosolids production of 90 wet tons per clay from the treatment plant. NJS shall provide best management possible within the constraints of the Biosolids storage design, physical limitations, and existing stored Biosolids. In the event Abnormal and/or Biologically Toxic Material, as defined in Attachment A, is found in the biosolids, NJS shall promptly notify the OWNER and use its best reasonable efforts or assist the OWNER to remove, stabilize, and/or reduce such material using the cooperation, processes and equipment provided at the treatment facility. If such Abnormal and/or Biologically Toxic Material cannot be stabilized or removed using the processes and equipment provided at the treatment facility, NJS shall not be responsible for compliance with NPDES permit, Iowa Code ("ICC") as amended, Safe Drinking Water Act ("SDWA"), the Clean Water Act ("CWA") as amended, the Resource Conservation Recovery Act ("RCRA"), as amended, and the Comprehensive Environmental Response, Compensation, and Liability Act ("CERCLA"), as amended, and any other applicable federal, state, or local requirements, or for other consequence of the receipt by Biosolids of such Abnormal, and/or Biologically Toxic Material. NJS is to notify the owner within 24 hrs. of receipt of any abnormal analysis result. In the event Recordkeeping, Testing, Storage, Transportation, and Land Application of Biosolids Violations as defined in Attachment A occur on any date starting 30 or more days after the beginning of services by NJS, NJS shall be responsible for fines or damages for Recordkeeping, Testing, Storage, Transportation, and Land Application of Biosolids Violations that may be imposed by the federal, state, or local environmental agencies, or private actions, if such violations were within NJS's control and are the result of NJS's failure to manage the Biosolids in accordance with the terms of this Agreement and such failure is the direct and substantial cause of such Recordkeeping, Testing, Storage, Transportation, and Land Application of Biosolids Violations. Prior to payment of fines or damages of any kind, NJS reserves the right to contest government or private actirns, suits, or proceedings for Recordkeeping, Testing, Storage, Transportation, and Land Application of Biosolids Violations through administrative procedures or otherwise. During the construction or other modification of any of the treatment facilities, the OWNER and NJS will work together to maintain access and minimize disruption. NJS shall not be responsible for Biosolids violations resulting from the infringement of construction activity. C-2 MAINTENANCE NJS shall keep the vehicles, and assigned sections 01 the facility in a c•Iean, meat and orderly condition. TESTING ANI) I.AIBORA I'ORY ANALYSIS NJS shall perform the testing and laboratory analysis required by OWNEII's NI'l)LS permit as it pertains to Biosolids, as well as that for necessary recordkeeping purposes. Laboratory procedures and analysis shall conform to the then current edition of Standard Methods for the Examination of Water and Wastewater or he in accordance with testing requirements of the NI'1)ES permit as they pertain to Biosolids. NJS shall deliver and certify such results to the OWNER and assist the OWNER in submitting such results to all required regulatory agencies. TECIINICAL SUPPORT NJS shall provide on-call backup expertise in Biosolids operations, maintenance, and management as deemed necessary by the owner to ensure performance of its obligations under this Agreement. STAFFING NJS shall provide an experienced manager with skills to include OSHA compliance, personnel administration, Biosolids treatment, management, land application, transportation, public relations and communications necessary for the management, operation, maintenance, and repair of equipment and manpower. N.IS shall also provide personnel with CDL licenses equal to or greater than the level required by the State. NJS employees experienced in Biosolids treatment and disposal shall staff the project. The staffing plan shall be consistent with project requirements. NJS is a local firm with 95% of its employees residing in Black Hawk County. NJS shall make every effort to employ minority subcontractor(s) to supplement operations during peak project requirements. TRAINING NJS shall implement a training program with both classroom and field training for all staff associated with the operation, maintenance and disposal of the Biosolids. The training shall include equipment operation, process management, maintenance and repair, regulations, first aid, safety, emergency response, hazardous material handling, and right -to -know laws. Other representatives of the OWNER may attend training sessions upon request. C-3 SECURITY NJS shall use efforts to secure the assigned sections of the treatment plait and storage facilities within the limits of existing security devices. Any losses or otl►er liabilities resulting from theft, damage, or unauthorized use of OWNER property properly secured within the limits of the existing security devices shall he borne by the OWNER unless such losses are occasioned by NJS failure to secure the facilities. ODOR AND NOISE CONTROL NJS shall operate the assigned sections of the treatment plant and NJS storage site using methods which will minimize odor and noise within the limits and capabilities of the facilities and equipment. COMMUNICATIONS NJS shall develop an informal communications, publicity, and community relations program in order to keep the OWNER informed about the Biosolids management program. NJS shall prepare written summaries of all formal meetings with the OWNER and provide the OWNER with a copy. REPORTS NJS shall maintain Biosolids management records and shall prepare and submit to the OWNER a monthly report including a narrative summary of operations and all data required for monthly and annual reporting to local, state and federal agencies. One of NJS's full-time employees, at the city's request, shall attend the regular council meeting and shall also attend any applicable committee meetings, and special council meetings at the request of the OWNER. Biosolids MANAGEMENT & MAINTENANCE BUDGET After the expiration of the initial 5 -year Agreement, NJS, prior to October 1st of the upcoming OWNER's fiscal year, shall submit a Biosolids management and maintenance budget for the OWNER's upcoming fiscal year. The budget shall indicate the estimated Biosolids management and maintenance cost for the Turnkey Biosolids Management Program covered by this Agreement for the forthcoming year. A presentation on an additional 5 year program may be presented. C-4 (YIIILR COST ANI) EXPENSES NJS shall pay expenses required for the normal and routine management, operation, and maintenance of the storage facility and equipment including they following: personnel costs, fuels, chemicals, laboratory analysis and expendable supplies. Unless otherwise agreed in writing by the parties, N.1S will not be required to pity the following: • Expenses resulting from a change in Scope of Services • Expenses resulting from a change in the OWNER's NI'I) S permit, law, or regulations by any federal, state, or local agency or authority. • Any damages which result from force rnajeure, an Act of God, the OWNER, or any third party. • Expenses arising from process leachate, septage sludge, or other sludges. • Expenditures for Capital Improvements and Repairs, as defined in Attachment A. • Expenses arising from emergency sewer repair or replacement. • Expenses related to municipal or private surveillance and alarm monitoring by an outside agency. • Fire protection. • Expenses resulting from the handling and/or disposal of Abnormal and/or Biologically Toxic Materials, as defined in Attachment A. LITIGATION SUPPORT At the request of the OWNER, NJS will provide for or arrange, at the OWNER's expense, legal, regulatory, and technical assistance in connection with the OWNER's defense or prosecution of any actions, claims, suits, administrative, or arbitration proceedings, or investigations whether pending, threatened, or newly initiated. For such services the OWNER shall pay NJS its total cost incurred in its performance of such services multiplied by 1.10. ACC f1 UNTING RECO €1 S NJS shall maintain up-to-date financial records as they apply to the terms of this Agreement. All records will be kept in accordance with generally accepted accounting principles. The city at its sole cost may audit financial records. C-5 ARTICLE III - RESPONSIBILITIES OF THE OWNER OWNERS REPRESENTATIVE On or before the date services are to commence under this Agreement, the OWNER shall designate an authorized representative (Authorized Representative) to administer this Agreement. PERMITS The OWNER shall be responsible for obtaining and maintaining; all necessary permits and licenses and for the payment of all fees required for ownership and operation of the public owned treatment works. NJS shall be responsible for obtaining and maintaining all necessary permits and licenses and for payment of all fees required for ownership and operation of the Biosolids storage site and equipment owned by NJS and used in connection with this project. It is understood by both parties to this Agreement, the current NPDES permit No. 07-90-0-01 expires on December 3, 2000. NJS's proposal and contract is based upon the current loadings as furnished by the City of Waterloo. Changes in Biosolids production requirements and conditions will be negotiated by the parties and included in the project scope of services. Any cost impact from changes will be negotiated and added or subtracted from the Base Compensation - Article V. COMPLIANCE WITH LAWS The OWNER shall comply with all applicable local, state, and federal laws, codes, ordinances, and regulations as they pertain to the treatment facilities. The OWNER shall be responsible for any capital expenditures or improvements to the Biosolids production equipment, facility building, roads, including right of way to treatment facility, conveyor systems, odor elimination equipment or chemicals required for compliance with all such laws. TAXES The OWNER shall be responsible for all real estate and property taxes, utility, excise, and sales taxes applicable to this Project or this Agreement as they apply to the owners property. SUPPORT The OWNER, pertaining to Biosolids, shall permit use by NJS, without charge, of all equipment, structures, and facilities under its ownership and presently assigned to the Water Pollution/Flood Control Department or as specified in future equipment construction specifications. The OWNER shall provide NJS with all infformatIon,� necessary to operate and manage the i:;iosolids program. C-6 EXPENDITURES FOR CAPEIAI. IMPROVEMENTS ANI) REPAIRS The OWNER is responsible for undertaking; and payment or Expenditures lot capital Improvements and Repairs, as defined in Attachment A, whirls beco1111'S ncress;rr y under this Agreement, are required in an emergency situation or which are listed in Exhibit Two. NJS's obligations under this Agreement are predicated upon the ( )WNLI''s completing necessary Expenditures for Capital Improvements and Repairs at the Facilities as well as payment of maintenance expenses. City is responsible to meet requirements for Class 11 Sludge Criteria Reference. Attachment "C" PAYMENT OF INVOICES The OWNER shall be responsible for promptly paying all amounts due N.IS under this Agreement. Upon presentation of invoices by N.IS, all payments including base and other compensation shall be due and payable on the first day of each month (due elate) for which services have been rendered. All such payments snail be made within thirty (60) days of invoice or a late penalty will apply. NOTICE OF LITIGATION In the event that the OWNER or NJS has or receives notice of or undertakes the prosecution of any actions, claims, suits, administrative or arbitration proceedings, or investigations in connection with the Biosolids management project, the party receiving such notice or undertaking such prosecution shall give the other party timely notice of such proceedings and will inform the other party in advance of all hearings regarding such proceedings only as it applies to NJS. C-7 ARTICLE IV - TERM AND TERMINATION TERM Services by NJS under this Agreement shall commence on .Icily 1, 1999, and enol five (5) years from such date, unless this Agreement is renewed or lerniinaled as provided herein. RENEWAL This Agreement will automatically renew for an additional 5 -year term, unless either party notifies the other in writing prior to one -hundred and twenty (120) calendar days before the end of this Agreement. Years 5-10 at $4,500 per month rental and maintenance of facility outright buyout of facility by the City for $350,000.00. ,eee f/p5 I TERMINATION br 041"c; 7- 2 6°CI The OWNER or NJS may terminate this Agreement at any time on any date in the initial and renewal terms of this Agreement, for any reason by giving written notice of such intent to terminate to the other party at least ninety (90) days prior to the effective date of termination. In the event the Agreement is terminated by the OWNER or NJS, NJS shall continue to provide the Scope of Services as provided in this Agreement for up to one hundred twenty (120) calendar days beyond the date of termination at its cost and multiplied by 1.10. Notice of the intent to terminate shall be given in writing by personal service, by an authorized agent, or by certified mail, return receipt requested. The OWNER shall, upon invoice by NJS, pay the balance of any outstanding accounts to include but not limited to the Base Compensation, Capital Improvements and Repairs, amortized costs, and other out of scope work performed by NJS. NJS has a contract to provide Biosolids services for five (5) years. At the end of that period, the OWNER has the option to purchase the Biosolids storage facility at a price of $350,000.00 or Erre de * o oL e C-8 ARTICLE V - COMPENSATION BASE COMPENSATION From July 1, 1999, the OWNER shall pay NJS as compensation ("Rase Compensation") Iur labor, equipment, materials, testing, monthly storage and supplies provided and the services performed pursuant to this Agreement the sum of $18,000.011 per month or part thereof with adjustments as specified hereafter. Upon presentation of invoices by NJS, the OWNER shall pay monthly payments on the first of each month (due date) for which services have been rendered. For any payment to N.IS which is not made within sixty (60) calendar days after the due date, N.IS shall receive interest al one and one-half (1-1/2) percent per month on the unpaid balance. BIOSOLIDS TRANSPORTATION AND APPLICATION FEES In addition to the Base Compensation the OWNER shall lay NJS as compensation to cover Biosolids transportation and application, based on scale slips from a mutually agreed upon scale site per wet ton and services performed pursuant to this agreement. Upon presentation of invoices and scale slips by NJS, the owner shall pay $ 15.26 per wet ton within sixty (60) calendar days after the due date. NJS shall receive interest at one an—T one-half (1-1/2) percent per month on the unpaid balance. , '., I5, ill et f 1 a-vutaz, 15. $ ? aaL 7—'26-0 q During the course of this five (5) year Agreement the budget will be reviewed annually to cover a CPI increase/decrease based upon the national CPI, For per ton transportation/application. Once the new budget has been adopted, an appropriate adjustment will be made in the monthly compensation, retroactive to July 1. BIOSOLIDS PRODUCTION ADJUSTMENTS The Base Compensation stated above is for the operation and maintenance of the Biosolids program at the existing production levels and characteristics at the commencement of this Agreement as designated in Attachment C. If the Baseline Conditions, as designated in Attachment C, are exceeded by 5 percent or more above the current production levels, as documented and verified by NJS, during any continuous 6 -month period, the OWNER shall adjust the Base Compensation at cost plus 10 percent management Fee. All cost adjustments shall be retroactive. This additional compensation shall be added to the monthly contract fee in effect at the time this change occurs and will be included as part of the new adjusted fee as stated above. EN 11TURES FOR CAPITAL IMP ` I VE i ENTS AN Jf REPAI NJS shall not be responsible for Expenditures for Capital Improvements and Repairs, as defined in Attachment A, unless they have been mutually agreed upon and identified in Exhibit Two as amended or through written approval. C-9 CHANGES IN SC011'. OF SERVICES S In the event that NJS shall perforin additional work or services involving the management, operation, maintenance, testing and rcl►air of the ( )WNEIR's Facilitihes u1 the agreed upon Biosolids Program where such services or work exceeds or changes the Scope of Services contemplated under Article II of this Agreement, NJS shall br entitled to additional compensation. Such additional compensation will include, but not be limited to NJS's costs, including labor, supplies, materials, utilities, and chemicals multiplied by 1.10. Such additional compensation for ongoing operation and maintenance of the Biosolids Program will be retroactive to the time of such changes. Within ninety (90) calendar days from the date of notice c.►f such additional work or services, the parties shall mutually agree upon an equitable sura for additional compensation. This amount shall he added to the monthly Soul effective at the time of change in scope. Changes in Scope of Service include, but are not limited to, requests for additional service by OWNER, additional costs incurred in (a) treating Abnormal or Biologically Toxic Material; (b) disposing of process residue; (c) meeting new or changed government regulations or reporting requirements, including increased testing cost, changes in allowable metals which increase the cost of disposing of Biosolids; (d) arising from construction or modification of the storage site beyond as proposed. ARTICLE VI - RISK MANAGEMENT INDEMNIFICATION NJS agrees to and shall hold the OWNER, its elected and appointed officers, and employees harmless from liability for any claims or damages for personal injury or property damage which is caused by or arises from the sole negligence of NJS in the performance of its services under this Agreement. The OWNER agrees to and shall hold NJS, its officers, and employees harmless from liability for claims or damages for personal injury or property damage which is caused by, or arises from, the sole negligence of the OWNER while a City owned property. The OWNER acknowledges that, seeking the services of NJS under this Agreement, the OWNER is requesting NJS to undertake uninsurable environmental and other operational obligations for the OWNER's benefit. Therefore, the OWNER agrees that, with the exception of such liability as may arise solely out of the negligence, willful misconduct, or intentional omissions of NJS in performing services under this Agreement, the OWNER shall indemnify, defend, and hold harmless NJS, its officers, and employees from and against any and all claims, losses, damages, liabilities and costs, including but not limited to the SDWA, CWA, CERCLA, RCRA, or directly or indirectly connected with presence, discharge, release, disposal, or escape of hazardous substances of waters, pollutants, or contaminants of any kind whether at the OWNER's Facilities or at any other location. C-10 NUTRI-JECI' SYSTEMS, INC. INSURANCE Occurance/Aggregate Comprehensive General Liability (including bodily injury and wrongful death - $2,000,0011 per person) $1,000.000 Vehicle/Equipment Liability (Combined Single Limit) (Bodily injury - $1,000,000 per person, Property damage - $1.1100,000 per accident) $1,000,000 Worker's Compensation/Employer's Liability Statutory Statutory Professional Liability $1,000,000 Within thirty (30) calendar days of the project, NJS shall furnish the OWNER with satisfactory proof of such insurance, and each policy will require a =day notice of cancellation to be given to the OWNER while this Agreement is in effect. These policies will be in effect at the time NJS implements Turnkey Biosolids Management Program. The OWNER shall be named as an additional insured according to its interest under the general liability policy during the term of this Agreement. OWNER INSURANCE The OWNER will purchase and maintain the City property and structures liability insurance on an all risk basis including fire and including extended coverage for vandalism and malicious mischief to full insurable value of the Facilities. NJS shall be named as an additional insured according to its interest under these policies during the term of this Agreement. The OWNER and NJS agree that with respect to insurance coverage carried by either party in connection with the Biosolids Program, such insurance will provide for the waiver by the insurance carrier of any subrogation rights against the OWNER or against NJS as the case may be. C-11 ARTICLE Wil - MISCELLANEOUS REIAI'IONSI III' The relationship of NJS to ttie OWNER is that of independent contractor and not one of employment. None of the employees or agents of N.IS shall he considered employees of the OWNER. For the purposes of all state, local, and federal laws and regulations, the OWNER shall exercise primary management, and operational and financial decision- making authority. NONDISCRIMINATION NJS shall refrain from unlawful discrimination in employment and shall undertake appropriate affirmative action. ENTIRE AGREEMENT AMENDMENTS This Agreement contains the entire Agreement between the OWNER and N.IS, and supersedes all prior or contemporaneous communications, representations, understandings, or agreements. This Agreement may be modified only by a written amendment signed by both parties. HEADINGS, ATTACHMENTS, AND EXHIBITS The headings contained in this Agreement are for reference only and shall not in any way affect the meaning or interpretation of this Agreement. The Attachments and Exhibits to this Agreement shall be construed as an integral part of this Agreement. WAIVER The failure on the part of either party to enforce its rights as to any provision of this Agreement shall not be construed as a waiver of its rights to enforce such provision in the future. ASSIGNMENT This Agreement shall not be assigned by either party without the prior written consent of the other unless such assignment shall be to the affiliate or successor of either party. ACCESS AND INSPECTION BY WNE F/ The OWNER of the biosolids shall have the right to inspect the Facilities and equipment during normal business hours. A NJS representative shall be notified prior to and permitted to observe the inspection, NJS shall provide the OWNER with access, during normal business hours and upon reasonable prior notice, to NJS's financial and operating rewords ret ted to thp. EionolHrlA Program for th p rrIpms, of Ai -wilting PPAtn or verifying NJS's performance under this agreement. C-12 FORCE MAJI?URE A party's performance under this Agreement shrill be excused if, and 10 the extent that, the party is unable to perform because of actions clue to causes beyond its reasonable control such as, but not limited to, Acts of God, the acts of civil or military authority, loss of potable water source, floods, quarantine restrictions, riots, strikes, commercial impossibility, fires, circumstances reasonably beyond the control of the party obligated to perform, whether such otter causes are related or unrelated, similar or dissimilar, to any of the foregoing. In the event of any such force majeure, the party unable to perform shall promptly notify the other party of the existence of such force nrajeure and shall be required to resume performance of its obligations under this Agreement upon the termination of the aforementioned force majeure. AUTHORITY TO CONTRACT & SUBCONTRACT Each party warrants and represents that it has power and authority to enter into this Agreement and to perform the obligations, including payment obligations, under this Agreement. Nutri-Ject Systems, Inc. must perforin at least 50% of all work under this agreement. GOVERNING LAW The Agreement shall be governed by and construed in accordance with the laws of the State of Iowa, exclusive of its choice of law rules. NOTICES All notices will be in writing and will be delivered in person or transmitted by certified mail, return receipt requested. Notices required to be given to NJS will be addressed to: Nutri -Jett Systems, Inc. ATTN: Scott Wienands, Vice President 515 5th Street, P.O. Box 398 Hudson, Iowa 50643-0398 Notices required to be given to the OWNER will be addressed to: City of Waterloo ATTN: MAYOR City Hall 715 Mulberry Street Waterloo, Iowa 50703 C-13 SEVERABILITY Should any part of this agreement for any reason he declared invalid ur void, such declaration will not affect the remaining portion which will remain in full force and effect as if the Agreement had been executed with the invalid portion clinrivated.IN WI'I'NISS WHEREOF, the parties have duly executed this Agreeuwnt effective as of Lite day first above written. ATTEST: OWNER: Mayor of Waterloo ATTEST: NU RI-JECT SYSTEMS, INC. C-14 ATTACHMENT A DEFINITIONS Abnormal or Biologically Toxic Material - is defined as any substance or combination of substances contained in the Biosolids in sufficiently high concentrations so as to interfere with the biological or physical/chemical processes necessary to, at the minimum, meet the requirements of Class R Biosolids as described in Chapter 67 of the Iowa Code or other requirements of the OWNER's NI'DES permit, or to create process residues, or other material classified as a hazardous waste under RCRA or cause a situation or an environmental hazard to humans limiting the ability to operate and maintain the Biosolids Program. Abnormal or Biologically Toxic Materials include but are not limited to heavy metals, phenols, cyanides, pesticides, or herbicides, priority pollutants as listed by USEPA or any substance that violates the local USEPA/IDNR Biosolids and/or land application standards or other portions of any applicable Sewer Use Ordinance only as it relates to the quality of the Biosolids. C-15 ATTACHMENT A-1 SCOPE OF SERVICES NJS, to provide the removal of all biosolids produced from the owners belt filter process and transfer of the solids to the N.IS IDNR approved storage facility for stockpiling prior to land application. NJS, to maintain the owners belt filter loading bay by hosing all walls and floors on a daily basis and maintaining the floor drains. NJS, to engineer and construct an IDNR approved storage facility per all IDNR rules and regulations. NJS, to provide for the transfer and land application of all biosolids in strict accordance to the IDNR Chapter "67" rules and regulations pertaining to the land application of stabilized biosolids. NJS, to procure all land for the application of the solids. NJS, to generate land application field reports as well as the annual State required report prior to February 19 yearly deadline. NJS, to continue any and all public relations for the land application of the biosolids. C-1 6 ATTACHMENT B-1 ANAI.YTI('AI. REPORT WATERLOO POLLUTION CONTROL 3500 Easton Avenue Waterloo, IA 50702 Sample ID: 208X/209X 4-21-98 Date Taken: 04/21/1998 Sample No.: 446863 Job Number: 98.04362 Date Received: 04/21/1998 Analyte Results Units Analysis Method itegulawory Limits Ammonia Nitrogen (dist) 6,760 mg/kg dw SM 4500-N113 It NR Kjeldahl Nitrogen 57,200 mg/kg dw E-351.2 Nitrate Nitrogen <26 mg/kg dw SM 4500-NO3 l) NR Solid pH Measured in Water 7.8 units S-9045 Phosphorus, Total (as P) 17,200 mg/kg dw E-365.2 NR Solids, Total 19.22 % SM 2540 G NR Solids, Total Volatile 54.30 % SM 2540 G NR Arsenic, GFAA <5.2 mg/kg dw S -7060A 75 Mercury, CVAA 1.21 mg/kg dw E-245.5 57 Selenium, GFAA 7.8 mg/kg dw S-7740 100 ICP Metals Prep (Solid) Complete g ICP Metals -Solid Complete mg/kg S -6010B Cadmium, ICP <5.2 mg/kg dw S -6010B 85 Chromium, ICP 624 mg/kg dw S -6010B 3000 Copper, ICP 520 mg/kg dw S -6010B 4300 Lead, ICP 94 mg/kg dw S -6010B 840 Molybdenum, ICP 16 mg/kg dw S -6010B 75 Nickel, ICP 25 mg/kg dw S -6010B 420 Potassium, ICP 832 mg/kg dw S -6010B NR Zinc, ICP 884 mg/kg dw S -6010B 7500 Fecal Coliform Set -Up Complete Multiple Fecal Coliform Fecal Coliform — Aliquot 1 2,081 c/g SM -9222D Fecal Coliform - Aliquot 2 520 c/g SM -9222D Fecal Coliform — Aliquot 3 1,561 c/g SM -9222D Note: The final column contains the regulatory limits for Class II sludge. (See page C-26) dw = dry weight NR = Not Regulated To convert mg/kg to % divide mg/kg result by 10,000 Calculation to convert to dry weight: mg/kg (wet) X 100 /total solids. Cheryl L. Wilson Operations Manager Iowa Lab Certification - 7 C-17 ATTACHMENT B (CONTINUED) ANALYTICAL REPORT WATERLOO POLLUTION CONTROL. 3500 Easton Avenue Waterloo, IA 50702 Sample ID: 208X/209X 4-21-98 Date Taken: 04/21/1998 Sample No.: 44(1863 .lob Number: 98.04362 Date Received: 04/21/1998 Analyte Results Units Analysis Method Regulatory Limits Fecal Coliform — Aliquot 4 <520 c/g SM -9222D Fecal Coliform — Aliquot 5 <520 c/g SM -9222D Fecal Coliform — Aliquot 6 <520 c/g SM -9222D Fecal Coliform — Aliquot 7 <520 c/g SM -9222D Geometric Mean 742 c/g Note: The final column contains the regulatory limits for Class 11 sludge. dw = dry weight NR = Not Regulated To convert mg/kg to % divide mg/kg result by 10,000 Calculation to convert to dry weight: mg/kg (wet) X 100 /total solids. Cheryl L. Wilson Operations Manager Iowa Lab Certification - 7 C-18 ATTACHMENT C EXISTING CONIW IONS The OWNER of the solids represents that the following are the I)iosolicls characteristics, Biosolids production, Biosolids classification, laboratory analysis and Biosolids stored at the Waterloo Facilities on , 1998, and that the existing Biosolids meet all the standards or requirements of the USEPA 503 Regulations and IDNR Chapter 67, as amended, and contain no Abnormal or Biologically Toxic Material as defined in Attachment A. Biosolids Characteristics: Analysis Attached. (see appendix B-1 & B-2) Classification: IDNR Chapter 567-67.8 (1) (IDNR Code) Class tt Sludge Criteria (PSRP) Process to Significantly Reduce Pathogens (PSRP) Pathogen + Vector Attraction Chapter 567-67.8 (c) (1) (INDR Code) Laboratory Analysis: Quantity of Stored Biosolids (TONS): Production: Daily - 90 Wet Tons Yearly - 23,400 Wet Tons C-19 CHAPTER 67 STANDARDS FOR THE LAND APPLICATION OF SEWAGE SLUDGE 567-67.1(455B) Land application of sewage sludge. 67.1(1) General. This chapter establishes standards for the land application of sewage sludge generated during the treatment of domestic sewage in a treatment works. This chapter applies to any person who prepares sewage sludge (generator), to any person who applies sewage sludge to the land (applicator), and to sewage sludge applied to the land. No person shall land apply sewage sludge through any practice for which requirements are established in this chapter except in accordance with such requirements. In areas that are not specifically addressed in this chapter, but which are addressed in federal regulations at 40 CFR Part 503 as adopted February 19, 1993, the federal regulation shall apply under this rule, and are hereby adopted by reference under this chapter. On a case-by-case basis, this department may impose requirements for the land application of sewage sludge in addition to or more stringent than the requirements in this chapter when necessary to protect public health and the environment from any adverse effect of a pollutant in the sewage sludge. 67.1(2) Sewage sludge generators shall ensure that the applicable requirements in this chapter are met when the sewage sludge is applied to the land. If the sewage sludge generator determines that a person being supplied sewage sludge for land application is not complying with applicable requirements of the land application program, the generator shall work with the applicator to obtain compliance with the requirements. If subsequent compliance cannot be achieved, the generator shall not supply additional sewage sludge to the applicator. 567-67.2(455B) Exclusio s. This chapter does not establish requirements for the land application of the following solid wastes. 67.2(1) Sludge generated at an industrial facility. 67.2(2) Hazardous sewage sludge -sewage sludge determined to be hazardous in accordance with 40 CFR Part 261. 67.2(3) Sewage sludge with a PCB concentration 50 mg/kg or higher. 67.2(4) Incinerator ash. 67.2(5) Grit and screenings. 67.2(6) Drinking water treatment sludge. 567-67.3(455L) Sampling and analysis. Any sewage sludge generator who intends to land apply sewage sludge shall: 67.3(1) Sample and analyze the waste to determine whether it meets the criteria for sewage sludge Class I, II, or III. 67.3(2) Analyze the waste to determine if any sources exist which may contribute significant quantities of potentially hazardous chemicals or other toxic substances. If any are found, the generator shall inform the department of their presence and shall analyze the waste for chemicals or substances in accordance with guidelines provided by the department. C-20 67.3(3) Unless rules for specific programs under USEPA or department authority provide otherwise, or unless other methods are approved by the department for a specific situation, samples taken and analyses made to document contamination under this chapter shall be conducted in accordance with the methods described in 567-67.10(455B). 567-67.4(455B) Land application program. All sewage sludge generators wishing to land apply sewage sludge shall establish and maintain in writing a Tong -range program for land application of sewage sludge. This program shall be developed for a minimum period of five years and shall be updated annually. A copy of this program shall be available at the facility for inspection by the department. At a minimum this program shall contain the following information in detail for the next calendar year and in general terms for the following four years. The plan shall include but not be limited to the following: 67.4(1) An outline of the sewage sludge sampling schedule and procedures which will be followed to ensure that the sewage sludge being applied to land continues to meet the requirements. 67.4(2) A determination of the amount of land required to allow land application to be conducted in accordance with the requirements. 67.4(3) Identification of the land and application methods which will be used for land application of the sewage sludge. Those areas and application methods shall be selected as necessary to ensure that land application can be conducted in accordance with the requirements. 67.4(4) The names of the owners and operators of all land to be used for land application, and identification of any legal arrangements made relative to use of these areas. The programs should also outline any restrictions or special conditions which exist regarding use of these areas for land application of sewage sludge. 67.4(5) An overall schedule for the land application of sewage sludge. This schedule should indicate the areas being used, the time of year that land application on each area will be conducted, and the proposed application rates for each area. 67.4(6) A determination of the volumes and types of storage and handling facilities required to allow land application of sewage sludge to be conducted in accordance with the land application schedule. The program shall also outline how any required additional sludge storage or handling facilities will be provided. 67.4(7) A determination of the volumes and types of storage and handling facilities required to allow land application of sewage sludge to be conducted in accordance with the land application schedule. The program shall also outline how any required additional sludge storage or handling facilities will be provided. 67.4(8) A plan to construct or obtain any additional sludge storage, handling or application facilities or equipment which are required by the land application program. 567-67.5(455x) Special detinlikns. "Agronomic rate" is the whole sludge application rate designed to provide the amount of nitrogen needed by the crop grown on the land and to minimize the amount of nitrogen that passes to the groundwater. "Annual whole sludge application rate" is the maximum amount of sewage sludge (dry weight basis) that can be applied to a unit area of land during a 365 -day period. "Bulk sewage sludge" is sewage sludge that is not sold or given away in a bag or other container for application to the land. C-2 1 "Cumulative pollutant loading rate" is the maximum amount of an inorganic pollutant that can be applied to an area of land. "Dry weight basis" means calculated on the basis of having been dried at 105 degrees Celsius until reaching a constant mass (i.e., essentially 100 percent solids content). "Food crops" are crops consumed by humans. These include, but are not limited to, fruits, vegetables, and tobacco. "Land with a high potential for public exposure" is land that the public uses frequently. This includes, but is not limited to, a public contact site and a reclamation site located in a populated area (e.g., a construction site located in a city). "Land with a low potential for public exposure" is land that the public uses infrequently. This includes, but is not limited to, agricultural land, forest, and a reclamation site located in a populated area (e.g., a strip mine located in a rural area). "Person who prepares sewage sludge" is either the person who generates sewage sludge during the treatment of domestic sewage in a treatment works or the person who derives a material from sewage sludge. "Sewage sludge" is solid, semisolid, or liquid residue generated during the treatment of domestic sewage in a treatment works. Sewage sludge does not include the grit and screenings generated during preliminary treatment. 567-67.6(455B) Permit requirements. Prior to any land application of sewage sludge, a permit must be obtained by the sewage sludge generator in accordance with the following requirements: 67.6(1) Any treatment facility proposing to land apply sewage sludge shall apply for a permit for land application of sewage sludge on a properly completed form supplied by the department. Application forms may be obtained from: Environmental Protection Division Iowa Department of Natural Resources Henry A. Wallace Building 900 East Grand Des Moines, Iowa 50319 Properly completed forms should be submitted in accordance with the instructions for the form. a. Permit application for land application of sewage sludge from new facilities shall be filed at least 180 days prior to the date operation is scheduled to begin unless a shorter period of time is approved by the department. b. Existing facilities generating sewage sludge shall file an application for land application of sewage sludge within 90 days of September 21, 1994, or at least 180 days prior to the expiration of any state operation or NPDES permit issued to the facility pursuant to 567-64.3(455B) or 567-64.4(455B), whichever date is later. c. Sewage sludge disposal operations which are not regulated under 567 -Chapter 64 shall apply for a permit for land application of sewage sludge no later than 90 days after September 21, 1994. 67.6(2) The permit for land application of sewage sludge for any sewage sludge generating facility will be issued concurrently and as part of a state operation permit or NPDES permit. The issuance process and permit terms will be the same as that specified for NPDES permits in 567 -Chapter 64. C-22 567-67.7(455B) Land application requirements for Class I sewage sludge. 67.7(1) Class I sludge criteria. Class I sludge is sewage sludge that has excellent quality and has been treated in a process equivalent to processes to further reduce pathogens (PFRP). a. The concentration of each pollutant in the sewage sludge shall not exceed the concentration for the pollutant in Table 1. TABLE 1 -POLLUTANT CONCENTRATIONS Monthly Average Concentration POLLUTANT (milligrams per kilogram)" Arsenic 41 Cadmium 39 Chromium 1200 Copper 1500 Lead 300 Mercury 17 Molybdenum 75 Nickel 420 Selenium 36 Zinc 2800 * Dry Weight Basis b. One of the monitoring processes in (1) below and also one of the analytical and treatment processes in (2) below shall be met for a sewage sludge to be classified as Class I sludge. (1) Monitoring processes. 1. The density of fecal coliform in the sewage sludge shall be less than 1000 Most Probable Number per gram of total solids (dry weight basis). 2. The density of Salmonella sp. bacteria in the sewage sludge shall be less than three Most Probable Number per four grams of total solids (dry weight basis). (2) Analytical and treatment processes. 1. The density of enteric viruses in the sewage sludge shall be less than one Plaque -forming Unit per four grams of total solids (dry weight basis). 2. The density of viable helminth ova in the sewage sludge shall be less than one per four grams of total solids (dry weight basis). 3. Sewage sludge shall be treated in one of the Processes to Further Reduce Pathogens (PFRP) described in 567-67.11(455B). 4. Sewage sludge shall be treated in a process that is equivalent to a Process to Further Reduce pathogens (PFRP), as determined by the department. c. One of the vector attraction reduction requirements shall be met for a sewage sludge to be classified as Class 1 sludge. (1) The mass of volatile solids in the sewage sludge shall be reduced by a minimum of 38 percent. C-23 (2) The specific oxygen uptake rate (SOUR) for sewage sludge treated in an aerobic; process shall be equal to or Tess than 1.5 milligrams of oxygen per hour per gram of total solids (dry weight basis) at a temperature of 20 degrees Celsius. (3) Digest a portion of the previously anaerobically digested sewage sludge anaerobically in the laboratory in a bench -scale unit for 40 additional days at a temperature between 30 and 37 degrees Celsius. At the end of the 40 days, the volatile solids in the sewage sludge at the beginning of that period is reduced by less than 17 percent. (4) Digest a portion of the previously aerobically digested sewage sludge that has a percent solids of 2 percent or less aerobically in the laboratory in a bench -scale unit for 30 additional days at 20 degrees Celsius. At the end of the 30 days, the volatile solids in the sewage sludge at the beginning of that period is reduced by less than 15 percent. (5) Sewage sludge shall be treated in an aerobic process for 14 days or longer. During that time, the temperature of the sewage sludge shall be higher than 40 degrees Celsius and the average temperature of the sewage sludge shall be higher than 45 degrees Celsius. (6) The pH of sewage sludge shall be raised to 12 or higher by alkali addition and, without the addition of more alkali, shall remain at 12 or higher for 2 hours and then at 1 1.5 or higher for an additional 22 hours. (7) Sewage sludge shall be injected below the surface of the land and no significant amount of the sewage sludge shall be present on the land surface within one hour after the sewage sludge is injected. (8) Sewage sludge applied to the land surface or placed on a surface disposal site shall be incorporated into the soil within six hours after application to or placement on the land. 67.7(2) Management practices for Class I sewage sludge a. Only Class I sewage sludge can be applied to a lawn or a home garden. b. Sewage sludge shall not be applied to land that is 35 feet or less from an open waterway. c. Sewage sludge shall be applied to the land at an annual whole sludge application rate that is equal to or less than the agronomic nitrogen uptake rate, unless otherwise specified by the department. d. An information sheet shall be provided to the person who receives sewage sludge sold or given away in a container for application to the land. The label or information sheet shall contain the following information: (1) The name and address of the sewage sludge generator. (2) A statement that application of the sewage sludge to the land is prohibited except in accordance with the instructions on the information sheet. (3) The annual application rate for the sewage sludge. 67.7(3) Frequency of monitoring for Class I sewage sludge. a. The frequency of monitoring for the pollutants listed in Table 1, the pathogen density requirements, and the vector attraction reduction requirements shall be the frequency stated in Table 2. C-24 TABLE 2 -FREQUENCY OF MONITORING Amount of sewage sludge metric tons per 365 -day period dry weight basis Greater than zero but less than 290 (or 325 English ton) Equal to or greater than 290 but less than 1,500 (English ton 325 to 1,680) Equal to or greater than 1,500 but Tess than 15,000 (English ton 1,680 to 16,800) Equal to or greater than 15,000 (or 16,800 English ton) Monitoring Frequency Once per year Once per quarter (4 times per year) Once per 60 days (6 times per year) Once per month (12 times per year) b. After the sewage sludge has been monitored for two years, the department may reduce the frequency of monitoring, but in no case shall the frequency of monitoring be Tess than once per year when sewage sludge is applied to the land. 67.7(4) Record k,-eping for Class I sewage sludge. a. Both the generator and bulk sludge applicator of Class I sewage sludge shall develop the following information and shall retain the information for five years: (1) The concentration of each pollutant listed in Table 1 in the sewage sludge. (2) The following certification statement: "I certify, under penalty of law, that the Class I sewage sludge requirements have been met. I am aware that there are significant penalties for false certification including the possibility of fine and imprisonment." (3) A description of how the Processes to Further Reduce Pathogens requirements (PFRP) are met. (4) A description of how one of the vector attraction reduction requirements is met. (5) A description of how the management practices are met for each site. b. Treatment works with a design flow rate of 1 million gallons per day or greater and treatment works that serve 10,000 people or more shall submit the above information to the department by February 19 of each year for the previous calendar year. 567-67.8(455B) Land appllcation requirements for Class Il s wage sludge. 67.8(1) Class 11 sludge criteria. Class 11 sludge is sewage sludge that has normal quality and has been treated in a process equivalent to Processes to Significantly Reduce Pathogens (PSRP). C-25 a. The concentration of any pollutant in the sewage sludge shall not exceed the ceiling concentration for the pollutant in Table 3. TABLE 3 -CEILING CONCENTRATIONS POLLUTANT Arsenic Cadmium Chromium Copper Lead Mercury Molybdenum Nickel Selenium Zinc * Dry Weight Basis Ceiling Concentration (milligrams per kilogram)" 75 85 3000 4300 840 57 75 420 100 7500 b. One of the following Processes to Significantly Reduce Pathogens requirements (PSRP) shall be met for a sewage sludge to be classified as Class II sludge. (1) Seven samples of the sewage sludge shall be collected at the time the sewage sludge is disposed, and the geometric mean of the density of fecal coliform shall be less than 2,000,000 Most Probable Number per gram of total solids (dry weight basis). (2) Sewage sludge shall be treated in one of the Processes to Significantly Reduce Pathogens (PSRP) described in 567-67.11(455B). (3) Sewage sludge shall be treated in a process that is equivalent to a Process to Significantly Reduce Pathogens (PSRP), as determined by the department. c. One of the vector attraction reduction requirements shall be met for a sewage sludge to be classified as Class II sludge. (1) The mass of volatile solids in the sewage sludge shall be reduced by a minimum of 38 percent. (2) The specific oxygen uptake rate (SOUR) for sewage sludge treated in an aerobic process shall be equal to or less than 1.5 milligrams of oxygen per hour per gram of total solids (dry weight basis) at a temperature of 20 degrees Celsius. (3) Digest a portion of the previously anaerobically digested sewage sludge anaerobically in the laboratory in a bench -scale unit for 40 additional days at a temperature between 30 and 37 degrees Celsius. At the end of the 40 days, the volatile solids in the sewage sludge at the beginning of that period is reduced by Tess than 17 percent. (4) Digest a portion of the previously aerobically digested sewage sludge that has a percent solids of 2 percent or Tess aerobically in the laboratory in the bench -scale unit for 30 additional days at 20 degrees Celsius. At the end of the 30 days, the volatile solids in the sewage sludge at the beginning of that period is reduced by less than 15 percent. (5) Sewage sludge shall be treated in an aerobic process for 14 days or longer. C-26 During that time, the temperature of the sewage sludge shall be higher than 40 degrees Celsius and the average temperature of the sewage sludge shall be higher than 45 degrees Celsius. (6) The pH of sewage sludge shall be raised to 12 or higher by alkali addition and, without the addition of more alkali, shall remain al 12 or higher for 2 hours and then at 11.5 higher for an additional 22 hours. (7) Sewage sludge shall be injected below the surface of the land and no significant amount of the sewage sludge shall be present on the land surface within one hour after the sewage sludge is injected. (8) Sewage sludge applied to the land surface or placed on a surface disposal site shall be incorporated into the soil within six hours after application to or placement on the land. 67.8(2) Management practices for Class 11 sewage sludge. a. Class 11 sewage sludge shall not be applied to a lawn or a home garden. b. Land application sites, accepting Class 11 sewage sludges not meeting pollutant concentrations listed in Table 1 of 567-67.7(1), are subjected to the cumulative pollutant loading rates listed in Table 4. TABLE 4 -CUMULATIVE POLLUTANT LOADING RATES POLLUTANT Arsenic Cadmium Chromium Copper Lead Mercury Molybdenum Nickel Selenium Zinc Cumulative Pollutant Loading Rate kilograms per hectare pounds per acre 41 36 39 34 3000 2670 1500 1335 300 267 17 15 75 66 420 373 100 89 2800 2490 c. Sewage sludge shall not be applied to the land if it is likely to adversely affect a threatened or endangered species listed under section 4 of the Endangered Species Act or its designated critical habitat. d. Sewage sludge shall be applied to the land at an annual whole sludge application rate that is equal to or less than the agronomic nitrogen uptake rate, unless otherwise specified by the department. e. The sewage sludge shall be applied only to soils classified as acceptable throughout the top five feet of soil profile. The sewage sludge shall not be applied to soils classified as sand, loamy sand and silt. The acceptability of a soil shall be determined using the U.S.D.A. soil classification. f Land application sites shall have soil pH maintained above 6.0, unless (1) crops prefer soils with lower pH conditions, (2) the sludge meets the pollution concentration contained in Table 1, or (3) the site does not exceed calcium carbonate equivalent levels according to sound farm management practices. If the soil pH is below 6.0, it is acceptable C-2 7 to use agricultural lime to increase the pH to an acceptable level. g. If the sewage sludge is applied to land on which the soil Toss exceeds the soil Toss limits established by the county soil conservation district, the sewage sludge shall be injected on the contour or shall be applied to the surface and mechanically incorporated into soil within 48 hours of application. The sewage sludge shall not be applied to ground having greater than 9 percent slope unless approved by the department. h. Sewage sludge application on frozen or snow-covered ground should be avoided, unless special precautions are taken such as proven farm management practices to avoid runoff. If application on frozen or snow-covered ground is necessary, it shall be limited to land areas of less than 5 percent slope unless approved by the department. i. Sewage sludge shall not be applied to the land that is 35 feet or Tess from an open waterway. If sewage sludge is applied within 200 feet, but no closer than 35 feet, of a stream, lake, sinkhole or tile line surface intake located downgradient of the land application site, it shall be injected or applied to the surface and mechanically incorporated into the soil within 48 hours of application unless approved by the department. j. If the sewage sludge is applied to land subject to flooding more frequently than once in ten years, the sludge shall be injected or shall be applied to the surface and mechanically incorporated into the soil within 48 hours. Information on which land is subject to flooding more frequently than once in ten years is available from the department. k. Sewage sludge shall not be applied within 200 feet of an occupied resident or any well. Distances may be reduced to a minimum of 35 feet with the written agreement of both the owner and occupant and an approved farm management plan which addresses soil erodibility, harvest residuals, buffer strips, and other sound farm management practices. The farm management plan shall be approved by the local soil conservation district commission in accordance with rules implementing Iowa Code sections 161A.42 to 161A.51. 1. Food crops with harvested parts that touch the sewage sludge/soil mixture shall not be harvested for 38 months after application of sewage sludge. m. Food crops, feed crops and fiber crops shall not be harvested for 30 days after application of sewage sludge. n. Animals shall not be allowed to graze on the land for 30 days after application of sewage sludge. o. Turf grown on land where sewage sludge is applied shall not be harvested for one year after application of the sewage sludge when the harvested turf is placed on either land with a high potential for public exposure or a lawn, unless otherwise specified by the department. p. Public access to land with a high potential for public exposure shall be restricted for one year after application of sewage sludge. q. Public access to land with a low potential for public exposure shall be restricted for 30 days after application of sewage sludge. r. When required by the director, groundwater monitoring wells and surface monitoring points shall be installed and a monitoring program implemented. Samples must be analyzed by a laboratory which is equipped and competent to perform the tests required by the director. The results shall be forwarded to the department on a stipulated schedule. s. The sewage sludge generator shall provide the notice and necessary information to comply with the requirements to the sewage sludge applicator and landowner. t, The sewage sludge applicator shall provide written notice, prior to the initial C-28 application of sewage sludge, to the department The notice shall include: (1) The location, by legal description, of the land application site and the landowner (2) The name, address, telephone number, and National Pollutant Discharge Elimination System permit number (if appropriate) of the sewage sludge generator and the applicator. 67.8(3) Frequency of monitoring for Class 11 sewage sludge. a. The frequency of monitoring the pollutants listed in Table 3, the pathogen density requirements, and the vector attraction reduction requirements shall be at the frequency stated in Table 5. TABLE 5 -FREQUENCY OF MONITORING Amount of sewage sludge metric tons per 365 -day period dry weight basis Greater than zero but Tess than 290 (or 325 English ton) Equal to or greater than 290 but Tess than 1,500 (English ton 325 to 1,680) Equal to or greater than 1,500 but less than 15,000 (English ton 1,680 to 16,800) Equal to or greater than 15,000 (or 16,800 English ton) Monitoring Frequency Once per year Once per quarter (4 times per year) Once per 60 days (6 times per year) Once per month (12 times per year) b. After the sewage sludge has been monitored for two years, the department may reduce the frequency of monitoring, but in no case shall the frequency of monitoring be less than once per year when sewage sludge is applied to the land. 67.8(4) Record keeping for Class 11 sewage sludge. a. Both the generator and applicator of Class II sewage sludge shall develop the following information and shall retain the information for five years: (1) The concentration of each pollutant listed in Table 3 in the sewage sludge. (2) The following certification statement: "I certify, under penalty of law, that the Class II sewage sludge requirements have been met. I am aware that there are significant penalties for false certification including the possibility of fine and imprisonment" (3) A description of how the Processes to Significantly Reduce Pathogens (PSRP) requirements are met. (4) A description of how the vector attraction reduction requirements are met. (5) A description of how the management practices for Class II sewage sludge are met for each site. C-29 (6) The location and area of each site. (7) The date and time and amount of sewage sludge applied to each site. (8) If subjected to cumulative loading limits, the amount and cumulative amount of eactr pollutant listed in Table 4 of paragraph 67.8(2) "b" in the sewage sludge applied to each site. (9) The amount of sewage sludge (i.e., metric tons) applied to each site. b. Treatment works with a design flow rate of 1 million gallons per day or greater and treatment works that serve 10,000 people or more shall submit the above information to the department by February 19 of each year for the previous calendar year. 567-67.9(455B) Class 111 sewage sludge. 67.9(1) Class III sewage sludge is any sewage sludge that cannot meet either Class I sewage sludge criteria or Class II sewage sludge criteria. 67.9(2) Class 111 sewage sludge shall not be utilized for beneficial use for land application as specified in the chapter. 67.9(3) Class 111 sewage sludge shall be disposed according to the surface disposal subpart of the 40 CFR Part 503 regulation and 567-103.6(455B) or the incineration subpart of the 40 CFR Part 503 regulation. 567-67.10(455B) Sampling and analytical methods. 67.10(1) General. Representative samples of sewage sludge that are applied to the land shall be collected and analyzed. Methods listed below shall be used to analyze samples of sewage sludge and calculation procedures shall be used to calculate the percent of volatile solids reduction for sewage sludge. 67.10(2) Enteric viruses. ASTM Designation: D 4994-89, "Standard Practice for Recovery of Viruses From Wastewater Sludges," Annual Book of ASTM Standards: Section 11 - Water and Environmental Technology, ASTM, Philadelphia, PA, 1992. 67.10(3) Fecal coliform. Part 9221 E. or Part 9222 D., "Standard Methods for the Examination of Water and Wastewater, "18th Edition, American Public Health Association, Washington, D.C., 1992. 67.10(4) Helminth ova. Yanko, W.A., "Occurrence of Pathogens in Distribution and Marketing Municipal Sludges," EOA 600/1-87-014, 1987. PB 88-154273/AS, National Technical Information Service, Springfield, Virginia. 67.10(5) Inorganic pollutants. "Test Methods for Evaluating Solid Waste, PhysicaVChemical Methods," EPA Publication SW -846, Second Edition (1982) with Updates I and 11 and Third Edition (1986) with Revision I. Second Edition - PB87-120-291, National Technical Information Service, Springfield, Virginia. Third Edition - Document number 955- 001-00000-1, Superintendent of Documents, Government Printing Office, Washington, D.C. 67.10(6) Salmonella sp. bacteria. Part 9260 D., "Standard Methods for the Examination of Water and Wastewater," 18th Edition, American Public Health Association, Washington, D.C., 1992; or Kenner, B.A. and H.P. Clark, "Detection and Enumeration of Salmonella and Pseudomonas aeruginosa," J. Water Pollution Control Federation, 46(9):2163- 2171, 1974. 67.10(7) Specific oxygen uptake rate. Part 2710 B., "Standard Methods for the Examination of Water and Wastewater," 18th Edition, American Public Health Association, Washington, D.C., 1992. 67.10(8) Total, fixed, and volatile solids. Part 2540 G., "Standard Methods for the Examination of Water and Wastewater," 18th Edition, American Public Health Association, C-30 Washington, D.C., 1992. 67.10(9) Percent volatile solids reduction colculation. "Environmental Regulations and Technology - control of Pathogens and Vectors in Sewage Sludge," EPA -625/H-92/013, U.S. Environmental Protection Agency, Cincinnati, Ohio, 1992. 567-67.11(455B) Pathogen treatment processes. 67.11(1) Processes to significantly reduce pathogens (PSRP). a. Aerobic digestion. Sewage sludge is agitated with air or oxygen to maintain aerobic conditions for a specific mean cell residence time at a specific temperature. Values for the mean cell residence time and temperature shall be between 40 days at 20 degrees Celsius and 60 days at 15 degrees Celsius. b. Air drying. Sewage sludge is dried on sand beds or on paved or unpaved basins. The sewage sludge dries for a minimum of three months. During two of the three months, the ambient average daily temperature is above zero degrees Celsius. c. Anaerobic digestion. Sewage sludge is treated in the absence of air for a specific mean cell residence time at a specific temperature. Values for the mean cell residence time and temperature shall be between 15 days at 35 to 55 degrees Celsius and 60 days at 20 degrees Celsius. d. Composting. Using either the within -vessel, static aerated pile, or windrow composting methods, the temperature of the sewage sludge is raised to 40 degrees Celsius or higher and remains at 40 degrees Celsius or higher for five days. For four hours during the five days, the temperature in the compost pile exceeds 55 degrees Celsius. e. Lime stabilization. Sufficient lime is added to the sewage sludge to raise the pH of the sewage sludge to 12 after two hours of contact. 67.11(2) Processes to further reduce pathogens (PFRP). a. Composting. Using either the within -vessel composting method or the static aerated pile composting method, the temperature of the sewage sludge is maintained at 55 degrees Celsius or higher for three days. Using the windrow composting method, the temperature of the sewage sludge is maintained at 55 degrees or higher for 15 days or longer. During the period when the compost is maintained at 55 degrees or higher, there shall be a minimum of five turnings of the windrow. b. Heat drying. Sewage sludge is dried by direct or indirect contact with hot gases to reduce the moisture content of the sewage sludge to 10 percent or lower. Either the temperature of the sewage sludge particles exceeds 80 degrees Celsius or the wet bulb temperature of the gas in contact with the sewage sludge as the sewage sludge leaves the dryer exceeds 80 degrees Celsius. c, Heat treatment. Liquid sewage sludge is heated to a temperature of 180 degrees Celsius or higher for 30 minutes. d. Thermophilic aerobic digestion. Liquid sewage sludge is agitated with air or oxygen to maintain aerobic conditions and the mean cell residence time of the sewage sludge is ten days at 55 to 60 degrees Celsius. e. Beta ray irradiation. Sewage sludge is irradiated with beta rays from an accelerator at dosages of at least 1.0 megarad at room temperature (ca. 20 degrees Celsius). f Gamma ray irradiation. Sewage sludge is irradiated with gamma rays from certain isotopes, such at Cobalt 60 and Cesium 137, at room temperature (ca. 20 degrees Celsius). g. Pasteurization. The temperature of the sewage sludge is maintained at 70 degrees C-31 Celsius or higher for 30 minutes or longer. h. Lime treatment. (1) The pH of the sewage that is used or disposed shall be raised to above 12 and shall remain above 12 for 72 hours. (2) The temperature of the sewage sludge shall be above 52 degrees Celsius for 12 hours or longer during the period that the pH of the sewage sludge is above 12. (3) At the end of the 72 -hour period during which the pH of the sewage sludge is above 12, the sewage sludge shall be air dried to achieve a percent solids in the sewage sludge greater than 50 percent. [Filed 7/29/94, Notice 3/16/94 — published 8/17/94, effective 9/21/94] C-32 I::XI HBIT ONE EQUIPMENT: 2 - Dump Trucks 12 cy 4 - Semi -Tractors 4 - 36' Aluminum Enddump Trailers 35cy 2 - 2 1/2 cy End Loaders 2 - 43' Live Bottom Unloading Trailers 2 - Knight 12 cy Slingers 2 - Terragators 1 - John Deere 730 Rear Discharge Applicator Note: Management + Procurement of All Farmland as well as Public Relations. EXHIBIT TWO EXPENDITURES FOR CAPITAL IMPROVEMENTS FY 96/02 Estimated Cost L o Storage Facility + Related Engineering, Land $1,080,000000 C-33