HomeMy WebLinkAboutTyson Fresh Meats, Inc. - Wastewater Treatment Agmnt - 3/4/19WASTEWATER TREATMENT AGREEMENT
This Wastewater Treatment Agreement (the "Agreement") is made this LI day of
Mord_, , 2019, between Tyson Fresh Meats, Inc., a Delaware corporation ("Company"), and the
City of Waterloo, Iowa, an Iowa municipal corporation ("City"), with reference to the following:
RECITALS
A. The Company operates a pork processing and processed meats facility at a site located in the
City.
B. The City will provide wastewater services to the Company.
C. The Company and the City have previously entered into agreements with respect to
wastewater discharges. These were originally approved by formal action of the City Council
on February 10, 1988, and have included subsequent amendments (collectively, the "Prior
Agreement"). The Prior Agreement has since expired.
D. The City and the Company now find it mutually agreeable to enter into a new agreement as
set forth herein and hereby agree that this Agreement supersedes and replaces the Prior
Agreement in its entirety.
NOW, THEREFORE, in consideration of the mutual promises exchanged herein, and for
other consideration, the receipt and sufficiency of which is hereby acknowledged, the parties
agree as follows:
IT IS AGREED:
1. The City shall provide wastewater collection, treatment and disposal service to the Company
for wastewater discharged to the Publicly Owned Treatment Works ("POTW") (as defined in
Section 8-3-3 of the Waterloo Code of Ordinances) in volumes and loadings described in
Permit Number 000013, provided the Company is not required to discharge any minimum
volume or loading. The Permit and all future amendments thereto are hereby incorporated by
this reference and made a part of this Agreement.
2. The Company shall maintain sewer lines and a connection point (located at a point specified
by the Company on the Company's property) with the POTW. Such connection point shall
be of sufficient capacity and design to adequately transport the Company's maximum
discharges of wastewater (as described in the Permit) by gravity flow to the POTW.
3. The Company shall provide flow metering and sampling devices on its property satisfactory
to the City for measurement of the Company's wastewater discharges to the POTW. The
point of sampling for determining compliance with the Permit shall be at the point of
connection to the POTW or at another mutually agreeable point or points.
4. The following shall govern charges and fees to be paid by the Company for wastewater
collection, treatment and disposal services by the City, notwithstanding any provision to the
contrary in the City's Code of Ordinances or elsewhere:
a. There shall be no connection charge.
b. Charges shall be based upon actual discharge flow measurements rather than on water
supply usage.
c. The Company's current established flow rate by ordinance is $1.92/CCF for utilizing
over 800,000,000 gallons annually, compared to the established rate for all other
customers of $2.30/CCF. If the "sewer rental charge", including the flow rate, prescribed
by Section 8-3A-2 of the Code of Ordinances for POTW users generally is adjusted
hereafter, whether up or down, the flow rate applicable to the Company shall be adjusted
to an amount that is 80% of such sewer rental charge upon the effective date of
Ordinance change. Any future changes, either positive or negative, for sewer rental
charges, including the flow rate, will not exceed 80% of other customer charges. For
example, should the sewer rental charge inflow rate be increased to $2.50/CCF, the
Company's flow rate would be 80% thereof, or $2.00/CCF.
The Company shall pay the same surcharges as are applicable to other users of the
POTW pursuant to the Code of Ordinances. Specifically, the surcharges in addition to the
base rate for the POTW's treatment of BOD, suspended solids, oil and grease, TKN and
other constituents from the Company will remain the same as the amount charged to all
other industrial users. Any future changes, either positive or negative, for surcharge
parameters will be at the same adjusted rate as all other users. For example, currently all
users are charged $0.10/pound for excess concentrations of each of BOD, TSS and TKN.
Should the BOD surcharge rate be increased to $0.13/pound, it would apply to all
industrial users including the Company.
The table below sets forth daily concentration limits as defined by the Code of
Ordinances, as well as agreed conversion rates resulting from pretreatment of the
Company's wastewater discharge. The ordinance limit shall apply if said discharge is not
pretreated, and the conversion limit shall apply if said discharge is pretreated as provided
in the Permit.
Constituent
Ordinance limit
Conversion limit
BOD
300 mg/1
3,000 mg/1
TSS
350 mg/1
2,000 mg/1
TKN
30 mg/1
30 mg/1
For example, currently surcharges will apply for any pretreated discharge for which daily
BOD concentration is in excess of 3,000 mg/1, any daily suspended solids is in excess of
2,000 mg/1 and any daily TKN is in excess of 30 mg/l.
Example: Flow 3.0 million gallons and BOD of 3,500 mg/1
Surcharge — (3,500 mg/1— 3,000 mg/1) x 3.0 MGD x 8.34 lbs/gal x $0.10 = $1,251.00
d. Limits for the wastewater discharge by the Company to the POTW shall reflect discharge
to the City's covered anaerobic lagoon. These limits will be specified in the Permit
issued to the Company by the City.
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e. If the Company's waste loads cause negative interference with operating conditions at the
POTW, then the City may require, upon 3 days' written notice to the local Company
designee, that the waste loads be reduced. Prior to the issuance of said notice, the City
and Company will work jointly to resolve these conditions.
5. The City agrees that the Permit shall be successively renewed through the full term of this
Agreement. Neither the Permit nor the City ordinances shall be modified to reduce the
volumes or loadings which the Company is authorized to discharge. Any alteration of
charges or fees shall be in accordance with paragraph 4.c of this Agreement. Such renewals
and restrictions on modification are subject to changes in applicable state or federal law, and
state or federal rules and regulations that are adopted and are in their final form following all
appeals.
6. The term of this Agreement shall be five (5) years. This Agreement shall be automatically
renewed for successive renewal term of five (5) years each unless either party provides
written notice to the other of its election not to renew this Agreement. Such notice shall be
given at least one (1) year prior to the expiration of the term in effect. The City may
terminate this Agreement at any time upon 30 days' advance written notice if the Company
repeatedly and willfully violates the Permit. No such termination shall occur if the Company
is making a good faith effort to achieve compliance with the Permit and non-compliance is
not causing material interference at the POTW and is not causing the City to be in violation
of any permit to which the City is subject.
7. This Agreement and the Permit may not be assigned by the Company without advance
written notice from the Company to the City, and upon approval from the City, which
approval shall not be unreasonably withheld.
8. The Company shall comply with applicable federal and state laws. All local laws including
but not limited to the provisions of the Waterloo sewer use ordinance shall apply unless
specifically modified by this Agreement.
9. Any notice under this Agreement shall be in writing and shall be delivered in person or by
United States registered or certified mail, postage prepaid and addressed as follows:
CITY
City of Waterloo, Iowa
715 Mulberry Street
Waterloo, Iowa 50703
Attn: Waste Mgmt Services
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COMPANY
Tyson Fresh Meats, Inc.
501 N. Elk Run Road
Waterloo, Iowa 50703
Attn: Plant Manager
With copy to:
Tyson Foods, Inc.
2200 W. Don Tyson Parkway
Springdale, AR 72762
Attn: Law Department
Delivery of notice shall be deemed to occur (i) on the date of delivery when delivered in
person, or (ii) three (3) business days following the date of deposit if mailed as stated above.
A party may change its address for notice purposes by giving notice as provided in this
section.
10. If a court finds any provision of the Agreement to be invalid, illegal, or unenforceable,
whether in whole or in part, the remaining provisions of this Agreement shall not be affected
thereby and shall continue in full force and effect. If, for any reason, a court finds that any
provision of this Agreement is invalid, illegal, or unenforceable as written, but that by
limiting such provision it would become valid, legal, and enforceable, then such a provision
shall be deemed to be written and shall be construed and enforced as so limited.
11. This Agreement, and the Permit contain the entire agreement between the parties and
supersedes any prior understandings or agreements between them, whether oral or written,
with respect to the subject matter hereof. There are no representations, arrangements,
understandings, or agreements, oral or written, between the parties hereto relating to the
subject matter of this Agreement, except those fully expressed in this document or in other
documents executed contemporaneously herewith or referred to in this Agreement. This
Agreement may be amended only by the mutual written agreement of the parties. This
Agreement is binding on and shall inure to the benefit of the parties and their respective
successors and assigns. Time is of the essence in the performance of the terms hereof.
In witness whereof, the parties have executed this Wastewater Treatment Agreement by their
duly authorized representatives as of the date first set forth above.
CITY OF WATERLOO, IOWA TYSON FRESH MEATS, INC.
BY: ,. --(A1 -3 4 'Ac By:
Quentin Hart, Mayor Jim c - ' z
VP Pork Production Operations
Attest:
Kelley Fele' le, City Clerk
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