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HomeMy WebLinkAboutAgenda Packet 12/11/2000 UTIlitY ADVISORY COMMITTEE i SPECIAL MEETING PUBLIC WORKS CONFERENCE ROOM PORt ANGELES, WA 95362 DECEMBER I I, 2000 3:00 P.M. AGENDA I. CAll TO ORDer II. ROll CALL Iii. APPROVAL OF MINUTES OF NOVEmbER I 3, 2000 IV. DISCUSSION ITEMS A. WASTEWATER TREATMENT PLANT - NPDES PERMIT RENEWAL STATUS (UEFF - ORAL) B. AMENDMENT TO SOLID WASTE HAULER CONTRACTS (TOM) C. FINAL aCCEPTANCE - CRESTHAVEN REBUILD (UIM H) D. PUD INTERLOCAL AGREE~4ENT (KEN) E. INDUSTRIAL WATERMAIN REPAIR (GLENN) F. PUD ELECTRIC FRANCHISE AGREEMENT (LARRY) G. TELECOMMUNICATIONS INTERIM PROCEDURES (LARRY) H. UPDATE ON TELECOMMUN{CATION ACTION PLAN (LARRy - ORAL) I. LEASE OF MORSE CREEK HYDRO FACILITIES (sco~-r) V. LATE Items VI. NEXT MEETING - ~ANUARY 8, 200 [ SPECIAL meeting - TELECOMMUNICATIONS WORKSHOP - WEDNESDAY, JANUARY I 7, 200 I 3Pm CITY COUNCIL CHAMBERS VII. ADUOURNMENT UTILITY ADVISORY COMMITTEE Port Angeles, Washington November 13, 2000 L Call to Order: Chairman Campbell called the meeting to order at 3:00 p.m. IL Roll Call: Members Present: Chairman Campbell, Allen Bentley, Mayor Larry Doyle, Dean Reed, Larry Williams Members Absent: None Staff Present: Mike Quinn, Craig Knutson, Glenn Cutler, Dan McKeen, Ken Ridout, Scott McLain, Gary Kenworthy, Jim Harper, Larry Dunbar, Tom McCabe, Dale Miller, Cate Rinehart Others Present: None III. Approval of Minutes: Chairman Campbell asked if there were any changes or additions to the agenda. None were given. Chairman Campbell then asked if there were any additions or corrections to the meeting minutes of October 9 or October 17, 2000. Mayor Doyle moved to approve the minutes. Allen Bentley seconded the motion, which carried unanimously. IV. Discussion Items: .4. Rayonier Leachate Report Glenn Cutler, Director of Public Works and Utilities, advised the first load of leachate had been brought to the treatment plant in April and indicated that the year-to-date revenue through October was $46,278. A brief discussion followed concerning future monitoring and additional testing. No action taken. Information only. B. Bid Award l2/16/2O MVA Power Transformer for "l' Street Substation Jim Harper, Electrical Engineering Manager, explained the need for rebuilding the 'T' Street Substation indicating that customer service would be severely affected in the future should this project be delayed. A brief discussion followed. Dean Reed moved to recommend the City Council accept the $344,054.26 bid of Virginia Transformer UTILITY ADVISORY COMMITTEE November 13, 2000 and authorize the Mayor to sign the contract for the purchase of the power transformer. Allen Bentley seconded the motion, which carried unanimously. C. BM Rejection Overhead Electric Rebuild Projects Jim Harper, Electrical Engineering Manager, reviewed the history of the project indicating that a more competitive bid would likely be received if rebid early in 2001. The advance of design on 2001 CFP proposed item CL01-00 so it could be included in the rebid was recommended by staff. A discussion followed with questions concerning cost and impacts due to the delay. Mayor Doyle moved to recommend the City Council (1) reject ali bids, (2) rebudget the projects for 2001 to be rebid in January/February 2001, and (3) authorize the City Manager to sign the contract change order with TriAxis Engineering to design "I" Street to "M" Street overhead rebuild, proposed 2001 CFP item CL 01-00. Project to be bid in package with Project No. 20-07, 20-08 and 20-09 in January/February 2001. Councilman Williams seconded the motion, which carried unanimously. D. Amendment to Wholesale Water Contract with Clallam Coun(y Public Utility District No. 1 Gary Kcnworthy, Deputy Director of Engineering Services, gave a brief explanation on thc nccd for an eight percent increase and minor revisions such as thc ability to increase flow for emergency situations, thc ability to allow thc Director of Public Works and Utilities to approve increases, and estimates of charges if the meter is out of service. A brief discussion followed. Allen Bentley moved to recommend Council support approval of Amendment No. 5 to the Wholesale Water Contract with Clallam County Public Utility District No. 1. Mayor Doyle seconded the motion, which carried unanimously. E. Storm Water Utility Gary Kenworthy, Deputy Director of Engineering Services, reviewed the aggressive schedule formation explaining the increased requirements being mandated and indicating a $6 per month range cost to customers to support the utility with $3 at the lowest end for maintenance only. A discussion followed with concerns expressed regarding extensive public education. No action taken. Information only. F. Morse Creek Hydroelectric Operation Agreement Scott McLain, Deputy Director of Power Systems, gave a brief background on the project and indicated that negotiations were in the process with Ebey Hill Hydroelectric to lease the facilities. A brief discussion followed. No action taken. Information only. 2 UTILITY ADVISORY COMMITTEE November 13, 2000 G. Electric Franchise Agreement Scott McLain, Deputy Director of Power Systems, began with a short history of the agreement with the Clallam County PUD #1 which originated in 1948. Larry Dunbar, Power Resources Manager, provided further information explaining the franchise term had lapsed without either entity realizing it and the need to draft a new one. A short discussion followed regarding future annexations fitting in with the service area agreement. No action taken. Information only H. Pole Rental Agreement Termination. Larry Dunbar, Power Resources Manager, recounted the presentation of the Telecommunications Action Plan presented to the UAC September 29th which identified the need to terminate current pole rental agreements. Mr. Dunbar further indicated the present agreements need to be terminated because they discriminate by having different terms, conditions, and rental rates. A brief discussion followed. Allen Bentley moved to recommend the City Council authorize the Mayor to issue pole rental agreement termination notices. Dean Reed seconded the motion, which carried unanimously. I. Fiber Optic Cable Purchasing Authority Scott McLain, Deputy Director of Power Systems, opened the discussion stating that all future UAC members would receive updates to the Telecommunication Action Plan. Larry Dunbar, Power Resources Manager, explained the need to be able to respond to bids for fiber optic cable faster than the normal UAC/Council authority process and indicated the budget may need to be expanded from $350,000 to $400,000 to increase the number of fibers from 48 to 96 strands. A discussion followed regarding cable quality and payment methods. Craig Knutson, City Attorney, suggested a modification in the recommendation which was so noted. Dean Reed moved to recommend the City Council grant the City Manager or Public Works and Utilities Director the authority to enter into contracts for the purchase of fiber optic cable for a total cost not to exceed $400,000. Once a contract is executed, the City Manager, Mayor and City Council will be promptly notified. Mayor Doyle seconded the motion, which carried unanimously. VI. Late Items: Impact of Washington State Burn Ban on Landfill Operations Tom McCabe, Solid Waste Superintendent, summarized the various issues and alternative proposals. Mr. McCabe further examined the different offers Waste Management could provide. A discussion followed with concerns expressed regarding public input and a suggestion to modify staffrecommendation to delete that portion. Dean Reed moved to direct staff to revise ordinances and appropriate contracts to ban plastics from the yard waste stream, ban stumps from being accepted at the Port Angeles landfill, and collect fees UTILITY ADVISORY COMMITTEE November 13, 2000 from commercial businesses that bring yard waste to the landfill. Councilman Williams seconded the motion, which carried unanimously. VII. Next Meeting: December 11, 2000 VIII. Adjournment: Chairman Campbell adjourned the meeting at 5:30 p.m. Orville Campbell, Chairman Cate Rinehart, Administrative Assistant 4 pORTANGELES WASHINGTON, U.S.A. UTILITY ADVISORY COMMITTI=I:: MI:::MO DATE: December 11, 2000 To: UTILITY ADVISORY COMMITTEE FROM: Tom McCabe, Solid Waste Superintendent SUBJECT: Amendment to Solid Waste Private Hauler Contracts for 2001 Summary: The City's Private Hauler Contracts with Murrey's Disposal and the City of Sequim expire December 31, 2000. An amendment to the contract is needed to continue service to these large customers for the calendar year 2001. Tipping fees will remain the same at $63.00 per ton. Recommendation: Recommend City Council approve the amendment to the Private Hauler Contracts with Murrey's Disposal and the City of Sequim for service during 2001 and authorize the City Manager to sign the amendment. Background / Analysis: The City executed contracts with Murrey's Disposal and the City of Sequim in February of 2000 for landfilling of the refuse they collect. The contracts expire on December 31, 2000. The contracts also allow for amendments to extend the contracts for additional periods. The attached amendments will extend each of the contracts for an additional one year period, and will expire on December 31, 2001. The original contract is also attached for reference. PAMC 13.56.045 allows special rates for commercial haulers of over 2000 tons per year that deliver compacted refuse to the landfill and utilize reduced services at the landfill. Tipping fees for these haulers were set at $63.00 per ton in 1997 (Ord. 2950, 2/28/97). FIRST AMENDMENT TO SOLID WASTE DISPOSAL CONTRACT THIS AMENDMENT to the solid waste disposal contract dated February 14, 2000 is made and entered into by and between the City of Port Angeles, a municipal corporation, hereinafter called the "City", and the City of Sequim, hereinafter called the "Contractor". WHEREAS, the City and Contractor are parties to a solid waste disposal contract in effect until December 31, 2000; and WHEREAS, the City and Contractor have agreed to extend the solid waste disposal contract through December 31,2001; NOW, THEREFORE, the City and the Contractor hereby agree that the solid waste disposal contract dated February 14, 2000 shall be amended as follows: 1. Paragraph 2, Temas of Contract, is hereby amended to read as follows: The term of this contract shall commence on January 1, 2000 and continue until December 31, 2001 or until such additional time as the parties may agree by a written amendment extending this contract foran additional period based on mutually acceptable terms and conditions. This contract shall terminate in the event that the City's legal authority to operate the landfill expires, is rescinded, or is invalidated. DATED this day of , CITY OF PORT ANGELES CITY OF SEQUIM Michael Quinn, City Manager Name: Title: ATTEST: ATTEST: Becky J. Upton, City Clerk City Clerk APPROVED AS TO FORM: APPROVED AS TO FORM: Craig D. Knutson, City Attorney City Attorney E :~AG REEMENTS&CONTRACT S\sequim-amencl.wpd December 4, 2000 (11:28am) FIRST AMENDMENT TO SOLID WASTE DISPOSAL CONTRACT THIS AMENDMENT to the solid waste disposal contract dated February 7, 2000 is made and entered into by and between the City of Port Angeles, a municipal corporation, hereinafter called the "City", and Murrey's Disposal, hereinafter called the "Contractor". WHEREAS, the City and Contractor are parties to a solid waste disposal contract in effect until December 31, 2000; and WHEREAS, the City and Contractor have agreed to extend the solid waste disposal contract through December 31,2001; NOW, THEREFORE, the City and the Contractor hereby agree that the solid waste disposal contract dated February 7, 2000 shall be amended as follows: 1. Paragraph 2, Terms of Contract, is hereby amended to read as follows: The term of this contract shall commence on January 1, 2000 and continue until December 31, 2001 or until such additional time as the parties may agree by a written amendment extending this contract for an additional period based on mutually acceptable terms and conditions. This contract shall terminate in the event that the City's legal authority to operate the landfill expires, is rescinded, or is invalidated. DATED this __ day of ., CITY OF PORT ANGELES MURREY'S DISPOSAL Michael Quinn, City Manager Name: Title: ATTEST: Becky J. Upton, City Clerk APPROVED AS TO FORM: Craig D. Knutson, City Attorney F:XAGREEMENTS&CONTRACTS~nurreys-amend.wpd November 30, 2000 (9:47am) CONTRACT FOR DISPOSAL OF SOLID WASTE AT THE PORT ANGELES LANDFILL This Contract is entered into this/'~'~day of?~.,~ by and betweea the C. ITY;OF PORT ANGELES, a municipal corporation of the State of'Washington, (hereinafter City '), and the CITY OF SEQUIM (hereinafter "Contractor"). WHEREAS, Contractor provides collection of residential and commercial solid waste generated in Clallam County; and WHEREAS, Clallam County is charged with the responsibility of providing for disposal of solid waste generated within the County; and WHEREAS, Clallam County and the City of Port Angeles have agreed that the City will provide landfill disposal services for the entire County as set forth in the County's Solid Waste Comprehensive Plan; and WHEREAS, pursuant to PAMC 13.56.040, the City may negotiate a special landfill disposal rate for commercial haulers of over 2,000 tons per year; and WHEREAS, the City and the Contractor have in good faith negotiated this contract for the disposal of solid waste in the Port Angeles Landfill; NOW, THEREFORE, in consideration of the above representations and the terms, conditions, covenants, and agreements set forth below, the parties hereto agree as follows: 1. Definitions. 1.1 "Acceptable waste" is described in-detail in the Port Angeles Waste Acceptance Policy, which is made a part of this Contract as Attachment No. 1. 1.2 "Director" means the City of Port Angeles Director of Public Works & Utilities. 1.3 "Hazardous waste" is described in detail in the Port Angeles Waste Acceptance Policy, which is made a part of this Contract as Attachment No. 1. 1.4 "Unacceptable waste" is described in detail in the Port Angeles Waste Acceptance Policy, which is made a Part of this Contract as Attachment No. 1. 1.5 The Waste Acceptance Policy may be revised as necessary to maintain compliance with state and federal laws. 2. Terms of Contract. The term of this contract shall commence on January 1, 2000 and continue until December 31, 2000 or until such additional time as the parties may agree by a written amendment extending this contract for an additional period based on mutually acceptable terms Page 1 of 3 and conditions. This contract shall terminate in the event that the City's legal authority to operate the landfill expires, is rescinded, or is invalidated. 3. Consideration. Contractor shall pay City the sum of $63.00 for each ton of acceptable waste delivered to the Port Angeles Landfill pursuant to Wis Contract. Acceptable waste that requires special handling will be charged at $190.00 a ton in accordance with PAMC 13.56.020C. 4, Payment Procedure. The City shall bill the Contractor each month for the amount of services used by the Contractor. The Contractor shall make payment in full to the City within thirty (30) days of receipt of the invoice from the City in accordance with Chapter 3.64 PAMC, The City shall weigh the waste of the Contractor using certified scaleS. Tara weights from the City's scales will be acceptable in determining the net weight of solid waste delive~d to the Landfill. The net weight from the City's scale tickets shall be the basis for billing under this contract. The City shall accept solid waste from the Contractor at the Port Angeles Landfill Monday through Saturday from 9:00 A.M. to no later than 4:30 P.M. Holiday arrangements must be made two weeks in advance with the landfill disposal supervisor; 7. Iqd~mnification/hold harmless. The Contractor agrees to indemni~ the City, its officers, officials, empioyees and volunteers from any and all claims, injuries, damages, losses, and costs, including, but not limited to, attorney's fees and litigation costs, arising out of or in connection with the performance of this Agreement, except for injuries and damages caused by the sole negli~en(~e of the City. Should a court of competent jurisdiction determine that this contract is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons m' damages to property caused by or resulting from the concurrent negligence of the Contracttor and the City, its officers, officials, employees, and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. It is further specificall!y and expressly understood that the indemnification provided herein constitutes the Contractor's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties, The provisions 'of this section shall survive the expiration or termination of this contract. Venue The venue of any state court lilJgation brought under this contract shall be Clallam County Superior Court. Pag=le 2 of 3 8. Assignment. In the event the Contractor is sold, transferred, or in any way vested to another company, this Contract will continue in force with the new company. IN WITNESS WHEREOF, the parties hereto have executed this Contract as of the day and year first written above. CITY OF PORT ANGELES CITY OF SEQUIM Michael Quint, City Manager hame~and 'l'itle [,.. ~..,) APPROVED AS TO FORM: Craig D.~tson, City Attorney ATTEST: B~:;k~ J. Up~; ~ Clerk/~- N:~PWKS~SWASTE~.ANDFILL\CONTRSEQ.WPD Page 3 of 3 PUBLIC WORKS DEPARTMENT - POLICY AND PROCEDURES WASTE ACCEPTANCE POLICY PW- 1009 1.0 PURPOSE: 1.1 To provide guidance far the acceptance and screening of solid waste at the Port Angeles Landtiil. 2.0 ORGANIZATIONS AFFECTED: 2.1 Public Works & Utilities Department staff. 2.2 Landfill customers 3.0 POLICY: 3~ 1. Most solid wastes that do not have liquid components and are not classified as a dangerous or extremely hazardous waste may be accepted for disposal at the Port Angeles Landfill. Some wastes are subject to special handling requirements, special screening requirements, or certifications. Other types are not acceptable under any conditions. 3.2 Dangerous (hazardous) wastes as defined by the Dangerous Waste Regulations, Chapter 173-303 WAC, are not accepted for disposal. 3.3 This policy is intended as a guide and the City reserves the sole discretion to refuse any waste for any reason, even if the waste meets the criteria and standards of this policy. Solid waste that is accepted will meet the policy guidelines and conform to state and federal regulations. 3.4 The objectives of this policy are to: prevent the disposal of prohibited wastes; minimize the potential for worker injury; protect the landfill, leachats pre-treatment, and sanitary sewer system from damage; meet regulatory requirements for waste screening and provide a consistent policy that can be a~plied to waste sources requesting disposal at the PALF. 3.5 Pri~r t~ acceptance ~f any materia~s in~~ the ~and~~~ for d~sp~ca~ ~r recyc~ing~ ~andfi~~ emp~~yees wi~~ review the loads to determine if the materials are acceptable at the landfill. This review shall involve the scale operators asking general questions about the type of material and whether there are household chemicals in the load and check loads closer, when in doubt. Random inspections of loads al least three times per week will also be conducted. 4.0 DEFINITIONS: 4.1 GLOSSARY CCEHD Clallam County Department of Community Development Environmental Health Divisior CFC Chlorofiurocarbon Compounds (Refrigerant) CERCLA Comprehensive Environmental Restoration Liability Act DW Dangerous Waste (a classification under WAC 173-303) EHW Extremely Hazardous Waste (a classification under WAC 173-303) HHW Household Hazardous Waste MFS WAC 173-304, Washington State Minimum Functional Standards for Solid Wast~ Handling MRW Moderate Risk Waste MSW Municipal $01id Waste MTCA Washington State Model Toxics Control Act PALF City of Port Angeles Landfill PCB Poly Chlorinated Biphenols PCS Petroleum Contaminated Soils Problem Waste Contaminated Soils, Dredge Spoils, Slag and Sand Blasting Grit and others TPH Total Petroleum Hydrocarbons UST Underground Storage Tank WAC Washington Administrative Code WDA Waste Disposal Application (Attachment A to Waste Acceptance Policy) W'FPH-XX Washington methods for Total Petroleum Hydrocarbons, [method AXX{~] WASTE ACCEPTANCE POLICY PW-100,9 4.2 DANGEROUs WASTE includes waste that exhibits one or more of the following: A. Ignitability B. Corrosivity C. Toxicity D. Reactivity ....................................................... WAC 173-303-090 E. Toxic dangerous wastes F. Persistent dangerous wastes G. Carcinogenic dangerous wastes ............................. [E-G per WAC 173-303-100] 4.3 DEMOLITION WASTE is solid waste, largely inert waste, resulting from the demolition or razing of buildings, roads and other man-made structures. The potential presence of lead based paints, asbestos, PCBs and other materials could result in a classification as dangerous waste [~NAC 173-303]. Prior to accepting commemial or industrial generated demolition waste, the generator will be required to complete a Waste Disposal Application and is subject to problem waste screening and acceptance PrOcedures. 4.4 LIQUID WASTE is matadal that contains "free liquids" as defined by Method 9095 (paint filtar liquids test). 4.5 HOUSEHOLD HAZARDOUS WASTE is any liquid, contained gas, or sludge generated within a household that possesses any of the characteristics of a hazardous or dangerous waste under state or federal regulations (Section 4.2) 4.5.1 Household is defined as including single and multiple residences, hotels and motels, bunkhouses, ranger stations, crew quarters, campgrounds, picnic grounds, and day-use recreation areas. The term household does not apply to commercial, industrial, inert and demolition waste, or wood waste. [WAC 173-351] 4.6 MODERATE-RISK WASTE includes any waste having the properties of a hazardous waste but is generated in smaller quantities than the threshold amount regulated as a dangerous or extremely hazardous wastes under the Washington Dangerous Waste regulations (WAC 173-303}. Moderate Risk Waste also includes Household Hazardous Waste in any quantity. 4.6.1 A small quantity generator of extremely hazardous waste is 2.2 lbs per month for substances considered "acutely dangerous chemical products" listed in WAC 173-303-9903 or for other wastes classified as extremely hazardous. 4.6.2 A small quantity generator of danoerous waste is 220 lbs per month for those substances considered "moderately dangerous chemical products" as listed in WAC 173-303-9903 or for other wastes classified as dangerous waste in WAC 173-303. 4.7 PROBLEM WASTE includes excavated soils, dredge spoils, slag, sand blasting grit and other material which contain or are suspected of containing a potentially hazardous substance, such as heavy or toxic metals, petroleum hydrocarbons, halogenated hydrocarbons, pesticides, or other toxic chemicals. Problem wastes shall be screened before being accepted. Problem Wastes are: 4.7.1 Soils removed durin~ the cleanup of a remedial action site, or a dangerous waste site closure or o~her cleanup efforts and actions and which contain hazardous substances, but are not designated dangerous wastes; 4.7.2 Dredge spoils resulting from the dredging of surface waters of the state where contaminants are present in the dredge spoils at concentrations not suitable for open water disposal and the dredge spoils are not dangerous wastes and are not regulated by Section 404 of the Federal Clean Water Act (PL 95-217); or 4.7.3 Spent abrasive blasting grit or other matedal used in abrasive blasting. Common aggregates include, but are not limited to: silica sand, utility slag, or copper slag. 5.0 PROCEDURES: 5.1 Animal Waste - Dead animata are not accepted for disposal at the Landfill without explicit approval of the CC Environmental Health Division and the City of Port Angeles. If approval is received animal carcasses should be placed in trenches excavated within the lined portion of the active landfill area and immediately covered with refuse or other suitable material. January 13. 2000 2 Glertn A. Cutlet', Director . WASTE ACCEPTANCE POLICY PW,100? 5.2 Antifreeze - Ethylene glycol based coolant (antifreeze), used as a heat exchange medium in motor vehicle radiators or motorized equipment is accepted only from household and small quantity generators (less tha~ 220 lbs/month). Antifreeze is to be stored on-sile for subsequent recycling by a private contractor. 5.2.1 Anti-freeze acceptad for recycling must be free of any dangerous wasle conleminants including oils and solvents. Any antifreeze that is suspected of being contaminated with other wastes or chemicals shall not be accepted. 5.3 Asbestos - is accepted. 5.3.1 Waste material containing asbestos must be wetted, double bagged (6 mil minimum thickness, yellow plastic bags). 5.3.2 A manifest form listing the name and address of the generator, and the source of the waste must be provided to the Landfill personnel. 5.3.3 The landfill operator will designate a specific disposal location for asbestos waste and shall provicle for a 6-inch cover of non-asbestos containing material within 24 hours of receiving the material. TI3e area shall not be compacted until a 2-foot layer of refuse has been pushed over the asbestos waste. 5.3.4 The Landfill will keep a record of each shipment of asbestos received and the location of disposal. 5.4 Asphalt - Asphaltic materials are defined as materials that have been used for structural and construction purposes (e.g. roads, dikes, paving) that ara produced from a mixture of oil and sand, gravel, ash or similar substances. Asphaltic materials may be accepled if they meet the requirements ofWAC 173-303-071(e}. 5.4.1 A Waste Disposal Application and certification is raquired prior to acceptance of asphaltic materials. 5.5 Batteries - Lead-acid storage batteries from m~tor vehicles and other consumer items are accepted and stored for recycling. 5.5.1 Batteries shall be stored for recycling. 5.5.2 Batteries that show evidence of leakage, spillage, or damage that could cause leakage ~shall be contained within a closed container that is structurally sound, compatible with the contents of the battery, and must lack evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions. 5.6 Biomedical Waste - Biomedical waste that includes untreated liquid and liquefied infectious wastes, human or animal body parts, fetuses, or other pathological specimens are not to be accepted at the PALF. 5.6.1 Medical wastes may be accepted from individual generators (non-commercial) on a case by case basis and are subject to special conditions established by the City and the Clallam County Environmental Health Division. 5.6.2 SHARPS (needles, blades, etc.) may be accepted if they are autoclaved and boxed. The hauiler must notify the scale attendant of sharps for disposal. The generator must be registered with tihe City. 5.7 Biosolids (Septage - see 5.16} - Dewaterad sewage sludges from the City's Wastewater Treatment Plant may be accepted for composting. All other biosolids may be accepted only on an emergency basis w~th prior approval from the Clallam County Envir(mmental health Division. 5.7.1 Sewage sludge and biosolids may be used to augment intermediate and final cover soils where vegetative growth is necessary or desired. The sludge and biosolids must be applied at I~e agronomic rates and with the application technique specified in Ecology's Best Management Practices (82-12). 5.7.2 The use of sludge and biosolids is considered to be disposal and therefore prohibited for use as daily cover, but the material may be used as final landfill cover. 5.7.3 Sludge handling, utilization and disposal activities operate under a separate permit for the bioso~ids composting facility. 5.8 Demolition Waste 5.8.1 Demolition waste from a non-commercial, household source, may be accepted at the discretior~ of the City without completion of a Waste Disposal Application [PW 1009_01] or a certificatio~ of designation. Household demolition waste may contain wastes subject to other sections of this por&cy. 5.8.2 Waste generators from other than a household source, are required to complete a Waste Dispo~sal Application [PW 1009_01] and follow the procedures for problem waste screening and acceptamce. January 13, 2000 3 Gtenn ~. Cutter, [3k'e~ctor WASTE ACCEPTANCE POLICY PW-1009 5.8.3 Upon receipt of a complete Waste Disposal Application [PW 1009_01] including analytical results and quality assurance data, the waste may be accepted for disposal or refused. 5.8.4 If the waste is principally asphaltic in nature, refer to Section 5.4. 5.9 Dredge spoils - Dredge spoils screening and acceptance is the same as for petroleum contaminated soils. 5.10 Household Hazardous Waste - Disposal of Household Hazardous Waste is discouraged but not prohibited. 5.10.1 Landfill personnel will encourage persons delivering loads containing household hazardous waste to take it to the annual household hazardous waste collection day event. 5.11 Liquid Waste - Liquid wastes ara prohibited from disposal except as expressly provided below: 5.11.1 Containers holding liquids shall not be accepted for disposal unless the container is small and similar in size to that normally found in household waste; er the waste is household waste. [WAC 173-351 (9)(b)]. 5.11.2 Bulk or non-containerized liquid waste shall not be accepted for disposal unless the waste is a household waste, other than septic waste; or the waste is taachate or landfill gas condensate derived from the Landfill and there is an emergency requiring the disposal of the liquids in the landfill. [WAC 173-351-200(9)(a)] 5.12 Moderate Risk Waste - Disposal of Moderate Risk Waste, including Household Hazardous Waste, is discouraged but not prohibited. Special categories of moderate risk waste including used oil, antifreeze, and lead-acid batteries are accepted for recycling. 5.13 Oil - Used oil may be accepted only for recycling and shall not be disposed of in the Landfill. 5.13.1 Containers will be provided for the collection of used oil for recycling by a private contractor. 5.13.2 Oil levels in the storage tank(s) will be checked daily by a Landfill operator. 5.13.3 in addition to used oil from City equipment and household uses, small quantifies of used oil from commercial soumes may be accepted, subject to City approval. 5.14 Problem Waste Inspections - Problem wastes include excavated soils, dredge spoils, slag, sand blasting grit and other material which contain or are suspected of containing a potentially hazardous substance, such as heavy or toxic metals, petroleum hydrocarbons, haloge~ated hydrocarbons, pesticides, or other toxic chemicals. These waste are subject to scraening. 5.14.1 The entrance sign to the Landfill shall list those wastes that are not accepted. 5.14.2 Loads of wasta which are questionable in composition st~all be screened as described in Section 5.15. 5.14.3 Landfill employees shall observe loads as they are dumped from the waste haulers equipment onto the active face. If unacceptable waste is observed, the Claltam County Environmental Health Division shall be notified to assist with identification and proper disposal of the waste. These inspections will be documented on form PW-1009_02. 5.14.4 Landfill Equipment Operators, during spreading and compacting operations will observe the waste pile for unacceptable waste. If any is found, the Clallam County Environmental Health Division will be notified to assist with identification and property disposal of the waste. These inspections will be documented on form PW-1009_02. 5.14.5 Random Load inspections will be conducted three times per week at three separate locations, namely, the scales, the public drop box station, and the active tipping area. These inspections will be documented on form PW-1009_03. 5.14.6 Other waste which may be subject to these screening procedures include: A. Suspected dangerous wastes B. Demolition waste C. Asphaltic materials D. Treated wood waste 5.15 Petroleum Contaminated Soils - Petroleum Contaminated Soils may be routinely disposed of at the Landfill. Only PCS which have been certified as not being dan(jerous waste and which have a maximum Total Petroleum Hydrocarbon concentration of 30,000 ppm or a calculated Hazard Index of less than 1.0 WASTE ACCEPTANCE POLICY PW-100~ based on using industrial site factors for non-carcinogenic human heath soils contact, will be considered for acceptance. Calculation of the Hazard index will be performed using methods and procedures contained in Ecology's Interim Interpretive and Policy Statement, Cleanup of Total Petroleum Hydrocarbons (TPH), and its most current revisions or superseding documents. 5.15.1 Petroleum Contaminated Soils screening procedure follows the same steps as for Problem Waste except that Clallam County Environmental Health Division approval is not required prior to the waste being accepted. A copy of the Waste Disposal Application shall be forwarded to CCEHD for review. The Screening Steps are: 5.15.1.1 Generator contacts the City of Port Angeles, the Landfill or the Claltam County Environmental Health Division with a request to dispose of contaminated soils. 5.15.1.2 The generator is provided a copy of this Waste Acceptance Policy and the Application form, 5.15.1.3 The completed Waste Disposal Application [PW 100g_01]will be reviewed by the City Engineer for completeness, accuracy and proper waste designalion based on Chapter 173-303 WAC. 5.15.1,4 Upon approval the Waste Disposal Application [PW 1009_01] will be signed by the City Engineer and a copy sent to the Clallam County Environmental Health Division for review. 5,15.1.5 After approval by the City and verbal or written approval from the CCEHD, an approval letter is sent to the Applicant authorizing delivery of the materla~ to the Landfill. 5.15.1.6 A copy of the authorization letter must be provided to the Lanc~flll upon receipt of the waste for disposal. The Landfill staff will monitor the quantity of waste received and if it exceeds the amount authorized in the application by greater than 20% (10% if the total amount of waste received is greater than 7,500 tons or 5,000 cubic yards) the Landfill may reject the additional material until a supplemental Waste Disposal Application [PW 1009_01] for the additional material is cempleled and approved. 5.16 Septage - Septage disposal atthe Landfill is'prohibited. 5.17 Toxic Waste and Dangerous Waste - Dangerou~ wastes are not accepted for disposal at the Landtili. Chapter 173-303 WAC Dangerous Waste Regulations defines dangerous/hazardous wastes. 5,17.1 The Landfill Operator will refuse entry to the Landfill of any load that may contain dangerous waste. 5,17.2 Waste loads delivered to the landfill which are questionable in nature will not be accepted for disposal until the generator/heuler has certified that the material is not ¢~assitied as dangerous waste. 5.17,3 The certification will be reviewed by the City Engineer and approved before disposal. 5.17.4 Landfill personnel shall keep a record of all loads refused as suspected dangerous wastes. The record shall include the name and address of the generator or hauler, ticanse plate number of the transporting vehicle, description of the waste and reason for refusal. '[Wnis information shall be submitted to the Clallam County environmental Health Division by the emd of the next busines.~ day. 5.18 White Goods - Appliances (refrigerators, air conditioners, etc.) are accepted for ~'ecycling at the Landfill 5.18.1 White goods shall be stockpiled in an area that has stormwater contaimment. 5.18.2 Appliances containing CFCs are processed by an outside contractor. A large "X" is painted o the appliance to indicate that CFC removal has occurred. 5.18.3 At least twice per year, or when the storage area reaches capacity, a co~tractor will be contacte to remove CFCs and remove the white goods for recycling. 5.18.4 White goods which have been processed and are not recyclable are to be disposed of within tt Landfill. 5.19 Yard and Wood Waste - Clean wood waste and yard debris is acceptable and~ is to be stockpiJled ne the landfill drop box/transfer area for processing as an amendment to the cormposting process. 5.18.1 Processing wood waste and yard waste for composting is conducted ~in conformance with ti Composfing Facility Permit. 5.18.2 Treated wood waste and wood products may be accepted for disposal as allowed by WAC 17 ~'" WASTE ACCEPTANCE POLICY PW-1 303-071(3)(g). 5.18.3 If treated wood is not from a household soume or small quantity generator, a completed Waste Disposal Application is required. Problem waste screening and acceptance procedures will be applied. 5.20 Use of Problem Wastes - Problem wastes may be disposed of in the Landfill or used for daily cover. Stockpiling of problem waste pending its utilization as cover material shall be within the lined areas of the Landfill Petroleum contaminated soils may be utilized as follows: 5.20.1 The allowed end use for PCS is determined by the level of contamination. The contamination levels for each class of soil is listed irt Table 1. The following requirements pertain to the disposal of PCS: A. Class I, il, Ill and IV soils are authorized for daily cover usage. B. All PCS shall be stockpiled wi~in the landfill footprint or in an approved on-site stockpile area. C.Class III and IV PCS shall not be; 1. Stored, used, or disposed of outside the unlined portion of the landfill. 2. Used as intermediate cover over any portion of the landfill area which has reached final grade. 3.Used as final cover material in any area D. Class I and II PCS can also be used for backfill, grading and other uses on the landfill site which do not cause harm to h~man health or the environment. E. Class IV PCS which have a TPH maximum concentration greater than 30,000 ppm shall not be used for daily or intermediate cover and shall be covered with non or less contaminated soils. Table 1. End Use Criteria For Petroleum-Contaminated Soils Soil Class (ppm) Anaiyte Analytical [ II Iii iV Method Heavy fuel ~FrPH-418.1 <1~0 60-200 200-2000 >2000 hydrocarbons mod. IC24-C30) Diesel WTPH-D <25 25-200 200-500 >500 /C12-C24) Gasoline w-rPH-G <:5 5-100 100-250 >250 IC6-C12) Benzene 8020 <0.{)05 0.005-0.5 #0.5 >0.5 Eth~lbenzene 8020 <0.005 0.005-20 #20 >20 Toluene 8020 <0.~05 0.005-40 #40 >40 Xylenes (total) 8020 <0~05 0,005-20 #20 >20 Source: 'Guidance for l~ernediation of Petroleur~ Contaminted $oil$, "Ecology Publication #91-$0, Revised ~lpril ]994. pp. 36-39. January13. 2000 ~ Glenn A. Cu~er.O~r~cto, WASTE ACCEPTANCE POLICY PW-1009 5.20.1 All other problem wastes shall be disposed of in the Landfill or used for daily cover. 6.0 APPENDIX: 6.1 Waste Disposal Application ......................................... PW 1009_01 [1/99] 6.2 Unacceptable Waste Inspection Report ................................. PW-1009_02 [1199] 6,3 Random Waste Inspection Report [3 times per week], Active Working Area .... PW-1009_03 [1/99] 7.0 REFERENCES: Applicable Regulations · 3. Clallam County Health Regulations, Rules and Regulations of the Clallam County Board of Health Governing Solid Waste Handling · ;* WAC 173-351, Cdteria for Municipal Solid Waste Facilities; o1. WAC 173-304, Minimum Functional Standards for Solid Waste Handling; · ~ WAC 173-303, State of Washington Dangerous Waste Regulations; · 3. WAC 173-340, Model Toxics ControlAct; o~, Ecology Publication ECY97-600, Interim Interpretive and Policy Statement, Cleanup of Total Petroleum Hydrocarbons (TPH); · *.- Ecology Publication #91-30, Guidancefor Remediation of Petroleum Contaminated soils, Revised April 1994. · :.o Parametrix Inc., April 8, 1998 for the City of Port Angeles, "Plan of Operation and Maintenance, Port Angeles LandfilF N:\POLICY_P\1000_SWI1009.WPD WASHINGTON, U.S.A. UTILITY ADVISORY COMMITTEE MEMO DATE: December 11, 2000 TO: UTILITY ADVISORY COMMITTEE FROM: JAMES L. HARPER, ELECTRICAL ENGINEERING MANAGER SUBJECT: FINAL ACCEPTANCE OF CRESTHAVEN REBUILD CONTRACT [PROJECT 20-15] Summary: Colvico Construction has completed the work specified in the contract for Project 20-15 Cresthaven Underground Electric Rebuild. The final contract cost of $151,818.75 exceeds the $131,319.70 contract plus approved change orders by $20,499.05. In addition the f'mal contract cost combined with the material cost exceeds the $180,000 budgeted for this construction by $11,659.81. All work has been inspected and accepted as complete. tecommendation.' Recommend Council accept the project, authorize final payment in the imount of $23,498.25 and authorize release of Colvico's retainage bond upon receipt of learances from the Departments of Revenue and Labor and Industries. BackgLql~gg!~llal.Y~ This project consists of an underground rebuild of the landlocked facilities between Liberty and Alder Streets and between Fifth Street and Lauridsen Blvd. These facilities are landlocked and contain deteriorated 4.16kV facilities requiring replacement in the public right of way to allow completion of the last of the conversion to 12.47kV. A construction contract for the project was awarded to Colvico by the City Council on May 16, 2000. Colvico Construction has completed the contract for Cmsthaven Underground Electric Rebuild Project 20-15. The final contract total $151,818.75 exceeds the contracted amount plus approved change orders of $131,319.70 by $20,499.05. The material cost of $39,841.06 combined with the $151,818.75 results in the total construction cost exceeding the $180,000.00 budgeted by $11,659.81. All work associated with the project has been inspected and accepted as complete. The final billing of $23,498.25 has been received and payment is pending Council action. The final contract cost is approximately $19,000 below the next lowest of four bidders on the original contract. Approximately $12,484.45 of the cost overran was due to an increase in construction units over the bid quantifies. During the last week of the project, three street crossing conduits which were anticipated to be existing and complete were discovered to be only partial crossings. This required extensive hand digging in proximity to energized electric cables in order to locate and extend the ends of the existing conduit stubs. This item was not covered in the contract and was completed at a cost of $5,513.48. The disposal of some construction debris not covered by the contract was also completed at a cost of $2,501.12. Time constraints for the project did not permit processing of a change order prior to the completion of the work. ProJect Cost Summary ITEM CONTRACT ACTUAL COMMENT AMT. AMT. Original Contract $115,614.85 $124,266.16 * 1300' cond., 6 ped., 390' cable & 200' trench Change Order #1 $11,496.75 $15,329.89 203 added feet of punch @ $17.50/FT. Change Order ~2 $4,208.10 $4,208.10 Replace concrete $13 per sqft. $8,014.60 Comp. Cond. Runs anticipated as existing, and disposal of const, debris not in contract. Contract total $131,319.70 $151,818.75 WASHINGTON, U.S.A. UTILITY ADVISORY COMMITTEE MEMO DATE: December 11, 2000 To: UTILITY ADVISORY COMMITTEE FROM: Ken Ridout, Deputy Director of Public Works and Utilities Operations SUBJECT: Interlocal Cooperation and Mutual Aid Agreement Summary: The City and PUD have been working on an agreement to provide mutual aid in the case of emergencies and also to utilize each other's specialized equipment. This agreement will also satisfy Federal Emergency Management Agency (FEMA) rules. Recommendation: Recommend City Council approval of the Interlocal Cooperation and Mutual Aid Agreement with Public Utility District No. 1 and authorize the Mayor to sign. Background / Analysis: The City of Port Angeles and Public Utility District No. 1 of Clallam County (PUD) have been providing mutual support with manpower and equipment for several years. The City and PUD have agreements in place for such items as wholesale purchase of water and joint purchasing of supplies; however, we do not have a formal agreement for mutual aid in case of an emergency or the need to borrow each other's specialized equipment. We have been working with the PUD to write an agreement that will allow our agencies to utilize each other's manpower and equipment and set forth covenants for this use. This agreement is especially critical when we have a severe storm or emergency that requires mutual aid. FEMA has advised both agencies that they will pay for the exchange of manpower only if we have a written agreement in place. Attachment: Interlocal Cooperation and Mutual Aid Agreement INTERLOCAL COOPERATION AND MUTUAL AID AGREEMENT This agreement is made and entered into this day of ,2000, by and between the City of Port Angeles (City) and the Public Utility District No. 1 of Clallam County (PUD). REPRESENTATIONS 1. The City and the PUD are each charged with the responsibility of constructing and maintaining their facilities and maintaining staff, equipment, and materials to perform the necessary work therefor. 2. Each party from time to time has need for additional labor, equipment or materials or has labor, equipment and materials available in certain locations which could be used by the other party to this agreement. 3. The City and the PUD recognize the importance of working together in times of emergencies and of jointly making equipment and personnel available during routine conditions, to best serve the residents and businesses of the greater Port Angeles and Clallam County areas. 4. Both parties also recognize that a mutual aid agreement is necessary in order to provide the highest level of reliability and responsiveness and will provide the basis for each party to provide or receive assistance in a coordinated manner. 5. The City and the PUD further recognize that the mutual lending of aid and equipment needs to be voluntary and that crews and equipment need to be recallable by the assisting utility at any time. 6. This agreement is entered into pursuant to the Washington State Interlocal Cooperation Act, Chapter 39.34 RCW. Each party has the necessary authority to enter into this agreement. 7. This agreement does not call for or provide for any additional organization other than the two parties involved. AGREEMENTS In consideration of the mutual covenants and promises contained herein, the parties agree as follows: 1. Purpose and Intent. The purpose of this agreement is to permit the parties to make the most efficient use of their resources by enabling them to cooperate by furnishing each other labor and equipment when available for construction, maintenance, and repair activities, it is intended and understood that the work of the owner of the requested resources will have first priority. Interloeal Cooperation and Mutual Aid Agreement - Page ! of 5 E 5AGREEMENTS &CONTRACTSWUD-INTERLOCAL.wl~d 2. Duration. This agreement shall commence on the date of signature by both parties and shall continue until terminated by providing thirty (30) days written notice to the other party. 3. Request for Services. Each request for service shall be in writing and shall specify the particular service required, the amounts and types of labor and equipment required, the location of the work, the estimated cost of the work (if applicable), and any other information pertinent to the request. The party which has been requested to assist will indicate its acceptance or rejection of the request, have it signed by its authorized official, and return one copy to the requesting party. In cases of emergency, the request and approval may be done verbally but must be documented in writing within 48 hours of the verbal request. 4. Payment. The parties agree that the requesting party shall reimburse the assisting party for the costs of the labor and equipment in accordance with the schedule of fees established by the assisting party, except that there shall be no charge for loans of equipment for 5 days or less. The assisting party will invoice the requesting party upon completion of the work or use of equipment, and payment will be made within 30 days of receipt of such invoice. The parties further agree that at times, labor and equipment may be furnished by one party to the other in exchange for labor and equipment furnished by the other or in recognition of the benefit to the party and/or customers of said party. Such exchange or benefit shall constitute reimbursement as required in this agreement and shall be documented in writing and agreed to by both parties. 5. Loan of Equipment. a. The requesting party will notify the assisting party of the need for the equipment or vehicle (hereafter referred to collectively as "equipment") in advance of the needed date to allow sufficient time for the assisting party to determine the availability of the equipment. b. Determination of whether to loan the equipment will be at the sole discretion of the utility which owns the equipment and may be based on whether the equipment is available and on an evaluation of the skill, knowledge, and ability of the requesting party's personnel to safely and efficiently operate the equipment. c. If the owner determines that it will not loan the equipment without the owner's experienced operator, then the owner will so notify the requesting party. The requesting party may then revise its request to include performance of work, will be governed by section 8 of this agreement. d. The requesting party will make all arrangements to pick up and return the requested equipment. In addition, the requesting party will properly store the equipment and will maintain it in good 'repair. Inteflocal Cooperation and Mutual Aid Agreement - Page 2 of 5 E:~AGREEMENTS&CONTRACTS~PUD-INTERJ~OCAL,wpd e. The requesting party will be responsible for the proper care, maintenance, and security of the equipment until the equipment is returned to the owner. Any damage other than normal wear and tear will be the responsibility of the party in possession of the equipment at the time the equipment is damaged. 6. Performance of Work. a. Upon request from either party to the other, the assisting party agrees to perform work related to the requesting party's electric or water utility systems, subject to the assisting party reserving the right to deny or approve each request in its sole discretion. b. Personnel shall remain on the assisting utility's payroll. Each utility shall pay its personnel in accordance with its collective bargaining agreement or established pay scale. c. The requesting party shall: i. Monitor and watch workers for fatigue or any other safety factors and ensure safe work conditions and procedures. ii. Establish a primary contact person for disseminating information to assisting personnel, including general directions, clearances, switching orders, completion of work, reassignment, etc. iii. Assign assisting crews to work as operating units, which will follow their own work practices and work under their own supervisors. d. Each of the parties shall at all times be solely responsible for the acts or the failures to act of its personnel that occur or arise in any way out of the performance of this agreement by its personnel only and shall indemnify, defend, and hold the other party and its personnel and officials harmless from all costs, expenses, losses and damages, including cost of defense, incurred as a result of any acts or omissions of such responsible party's personnel relating to the performance of this agreement. If injury or damage is caused by the joint action of the parties, they will be responsible in accordance with their percentage of negligent conduct contributing to the loss or injury. Each party expressly waives any right to interpose a bar to recovery against it as a result of immunity of any kind including Worker's Compensation and employer protection. This provision has been specifically negotiated. 7. General Provisions. a. Each party will assign an individual to annually review the effectiveness of this mutual aid agreement over the previous year and make any recommendations necessary to modify the agreement. b. The requesting party will obtain any required permits and comply with all applicable legal requirements, including bid laws. Interlocal Cooperation and Mutual Aid Agreement - Page 3 of 5 E 5AGREEMENTS&CONTRACTS~PUD-INTERLOCAL.wpd c. The relationship of the parties shall be that of independent contracting entities. i. Each party's employees, while engaged in the performance of any work under this agreement, shall be considered employees of said party only and not of the other party, and claims that may arise under the Workman's Compensation Act on behalf of said employees while so engaged, and any and all claims made by a third party as a consequence of any negligent act or omission on the party of said party's employees while so engaged, shall be the sole obligation and responsibility of said party, except that if both parties' negligent acts or omissiOns have contributed to damage or injury to a third party, then each party shall be responsible proportionate to the amount of its negligence that contributed to the injury or damage. ii. Each party shall assume full responsibility for payment of all federal, state, and local taxes or contributions imposed or required for its employees, including, but not limited to, unemployment insurance, worker's compensation insurance, social security benefits, and income tax withholding. d. No liability shall attach to the parties to this agreement by reason of entering into the agreement except as expressly provided herein. e. This agreement cannot be assigned, transferred, or any portion subcontracted hereunder without the written agreement of both parties. f. The parties agree that should an emergency arise during the contemplated period of use of equipment or performance ofwo~:k, which in the sole opinion of the assisting party requires the return of the equipment or manpower, the requesting party shall make every reasonable effort to return it as soon as possible. g. The parties agree to maintain records of all costs incurred under this agreement, in accordance with a work order accounting system as prescribed and approved by the State auditor's office. These records shall be kept available for inspection and audit by the party requesting the service for 5 years after payment of the requested service. 8. Dispute Resolution. Both parties agree that any dispute that arises out of the interpretation, performance, enforcement, or any other aspect of this Agreement, shall be resolved by submitting the same to binding arbitration which shall proceed according to the rules and regulations 0fthe American Arbitration Association; provided, however, that each party shall select a nominating person within ten (10) days of notice of the dispute from either party to the other. The PUD shall elect one nominating person and the City shall elect one nominating person. The two nominating persons shall then meet and promptly select the arbitration from the Seattle Office of Judicial Arbitration and Mediation Service list. If the nominating persons do not select a person who agrees to serve as arbitrator within thirty (30) days of the first notice, the arbitrator shall be selected by a Superior Court Judge of Clallam County. Interlocal Cooperation and Mutual Aid Agreement - Page 4 of 5 E:~AGREEMENTS&CONTRACTS~PUD-1NTERLOCAL.wpd IN WITNESS WHEREOF, the parties have caused this agreement to be executed by the undersigned duly authorized officials. CITY OF PORT ANGELES PUBLIC UTILITY DISTRICT NO. 1 By: By: Michael Quinn, City Manager Michael Mclnnes, General Manager Approved as to form: Craig D. Knutson, City Attorney Attest: Becky J. Upton, City Clerk lnterlocal Cooperation and Mutual Aid Agreement - Page 5 of 5 E:~AGREEMENTS&CONTRACTS~PUD-INTERLOCAL.wpd poRt WASHINGTON, U.S.A. UTILITY ADVISORY COMMITTEE MEMO DATE: December 11, 2000 To: UTILITY ADVISORY COMMITTEE FROM: Stephen Sperr, Utility Engineer SUBJECT: Industrial Water Line Repairs Summary:. In April or May of 2001, the City will contract to have several leaks in the Industrial Water Line repaired by a contractor. This work will be coordinated with Daishowa America, and will coincide with their planned shutdown. Daishowa will reimburse the City for the cost and coordination of this work. Recommendation: For information only. Background / Analysis: The Public Works and Utilities Department is working with Daishowa to schedule repairs on the Industrial Water Line (IWL). At least three locations on the IWL currently have leaks of varying volume. These leaks can only be repaired when the mill is shut down (planned) and when the IWL is empty. The shutdown will last approximately 72 hours, which should allow for about 60 hours of focused repair work. The repair work will involve contract personnel going inside the pipeline and tunnels to apply material at the leaking sites. Information on the appropriate repair material is currently being researched. It is anticipated that the method of repair will be similar to previous repair work completed on the IWL in 1985 and 1991. The City is preparing bids and specifications in anticipation of advertising the work sometime in late January or early February. As safety is the utmost concern here, consultation with Washington State's Department of Labor and Industries will precede advertising the work. The cost to complete the work is in the range of $70,000-110,000. N:~PROJECTS~20-27\UACmemo.wpd pORTAI GELES W A S H I N G T O N, U.S.A. UTILI'rY ADVISORY COMMITTEE MEMO DATE: December 11, 2000 TO: UTILITY ADVISORY COMMITTEE FROM: Larry Dunbar, Power Resources Manager SUBJECT: New Electric Franchise Agreement Summary: The Clallam County Public Utility District No. 1 (District) is currently conducting its electric business within the City limits without the City's consent. We are striving to prepare a new franchise agreement, obtain approval by the City Council, and acceptance by the District, as soon as reasonably possible. Recommendation: Staff will provifle the new electric franchise agreement to the District for their review and acceptance. Background/Analysis: On 11/24/1948, the City granted the District a fifty (50) year right to construct, maintain and operate an electric transmission system within a specific geographical area of the City. On 11/13/2000, Staff infurmed the UAC that the franchise agreement recently expired and there now is a need to renew the franchise agreement. Staff utilized resources provided by the Municipal Research Services Center, and obtained model franchises to prepare the draft franchise. The new franchise is based on: City of Bellingham natural gas franchise currently in draft form; City of North Bend 1998 electric franchise; City of Richland 1998 cable communications and telecommunications franchises; and the City of Port Angeles' 1988 cable communications franchise. The City Attorney has reviewed the new franchise. Subject to the recommendation of the UAC, Staff will share the new franchise agreement with the District. The District will be asked to review and accept the new franchise agreement by 1/5/2001. Staff will seek the Utility Advisory Committee's recommendation to City Council to approve the new franchise agreement. Assuming there are no delays, the new franchise agreement could be considered by City Council at their 1/16/2001 meeting. Attached is a summary of the old and new electric franchise agreements. The summary of the new franchise agreement includes a brief description and staff position on each section, for the Utility Advisory Committee's consideration. SUMMARY OF OLD ELECTRIC FRANCHISE AGREEMENTS Section Brief Description of Franchise Note: The old franchise agreement included the Clallam County Public Utility District, Crown-Zellerbach Corporation, and Rayonier, Inc. 1. This section gave the District a specific grant to construct, maintain and operate an electric transmission through a defined geographic area of the City. 2. This section gave the City Light Superintendent the authority to determine the location of power lines at the junction of Washington Street and Lauridsen Boulevard. 3. This section gave Crown-Zellerbach Corporation a specific grant to erect, maintain and use poles for electric facilities through a defined geographic area of the City. 4. This section gave Rayonier, Inc. a specific grant to erect, maintain and use poles for electric facilities through a defined geographic area of the City. 5. This section saved the City harmless. 6. This section required the parties to comply with State law and City ordinances. 7. The term of the prior agreement was 50 years. 8. This section required acceptance of the franchise once adopted by Council. 9. This section specified the effective date. SUMMARY OF NEW ELECTRIC FRANCHISE AGREEMENT - CONTINUATION Section Title Brief Description Staff Recommendation 11. Sanctions. Outdated franchise agreements have The City should seek to termination of the franchise as the resolve violations using a only sanction. This section outlines a process that provides the procedure for resolving violations, District an opportunity to including the payment of liquidated remedy and cure a violation damages for failure to comply with in lieu of termination. the franchise. 12. Letter of Credit. A letter of credit, or some other This section should be a acceptable instrument, is necessary to standard franchise provision. ensure that any liquidated damages (if any) can be recovered. 13. Insurance. Insurance levels consistent with the This section should be a City's insurance authority is a standard franchise provision. reasonable requirement 14. Indemnity. This section protects the City against This section should be a losses and damages, standard franchise provision. 15. Notices. This is needed to ensure the District This section should be a and City has one point of contact, standard franchise provision. 16. Forfeiture And In addition to the sanctions section, This section should be a Termination. reserving the right to forfeit or standard franchise provision. terminate the franchise is a reasonable provision. 17. Governing This section specifies the venue of the This section should be a Law. franchise, standard franchise provision. 18. Force Majeure. This section provides an allowance to This section should be a the District for failure to perform due standard franchise provision. to acts of god, war, etc... 19. Severability This section specifies how conflicts This section should be a and Preemption with other law (if any) are to be standard franchise provision. resolved. 20. Acceptance of Requires the District to accept the This section should be a Franchise. franchise once adopted by Council, standard franchise provision. provide a facilities map, certificate of insurance, and letter of credit. 21. General This section repeals the former This section should be a Provisions. franchise and references all standard franchise provision. outstanding agreements still in effect with the District. 22. Assignment of Should interest in the District's This section should be a Franchise ownership change, they must obtain standard franchise provision. the City's approval. 23. Effective Date. This section specifies the effective This section should be a date as the date of City Council standard franchise provision. passage. pORTAI GELES UTILITY ADVISORY GOMMITTEE MEMO DATE: December 11, 2000 December 13, 2000 To: UTILITY ADVISORY COMMITTEE PLANNING COMMISSION PA WORKS! COMMITTEE FROM: Larry Dunbar, Power Resources Manager SUBJECT: Telecommunications Interim Procedures Summary: The City's consultant, Metropolitan Communications Consultants (MCC), and Staff have developed interim procedures in order to respond to service providers that want to construct telecommunications facilities prior to City Council adoption of comprehensive telecommunications ordinances. Recommendation: A summary of the interim procedures will be presented with no action required at this time. Background/Analysis: On October 17, 2000, City Council approved the Community Telecommunications Action Plan ("Action Plan"). The Action Plan identified the need for a comprehensive approach to telecommunications regulations including a master telecommunications ordinance that would reference other ordinances such as right-of-way construction, licensing and taxation, pole attachments, and wireless communications facilities. A comprehensive approach to telecommunications regulation is needed to satisfy City economic development goals, comply with federal and state laws, and to improve management of public rights-of-way anticipating increased telecommunications construction demands. Interim Procedures Recognizing that preparation of comprehensive telecommunications ordinances would take a minimum of six-months, an interim procedure will be used in lieu of a telecommunications development moratorium. At the time this staff report was written, the draft interim procedure, which includes permit application procedures and agreements, was undergoing an internal and external legal review. After the legal review is completed, the City will be prepared to respond to any service providers that want to construct telecommunications facilities prior to City Council adoption of comprehensive telecommunications ordinances. City Council approval of permit applications and agreements (if any) will be obtained during the interim period through April 17, 2001. The interim procedures are based on model ordinances that have been adopted by other Cities within Washington State (e.g. Richland, Mount Vernon, Centralia, Bainbridge Island, Bremerton, Bellingham and Edmonds). The illustration to the right is the process and timeline being used to develop the interim procedures. We are currently at the "Internal/External Legal Review" and "Reporting" steps in the process. Staff will present a summary of the interim procedures at the meeting. Comprehensive Telecommunications Ordinances In addition to the interim procedures, the comprehensive telecommunications ordinances are undergoing an internal and external legal review. The legal review is anticipated to be complete by December 20, 2000. Pole rental agreement termination notices were provided to each party of the agreement as authorized by City Council on November 21, 2000. A pole rental rate cost of service analysis (COSA) is being completed because the rate has not been reviewed or adjusted since 1984. After the legal review and rate study are completed, a public involvement period from January 5, 2001 to February 12, 2001 is scheduled to ensure that the ordinances satisfy the needs of telecommunications service providers prior to consideration by the Utility Advisory Committee, PA Works!, Planning Commission, and ultimate City Council adoption, anticipated on April 17, 2001. Staff plans to hold a joint Utility Advisory Committee/PA Works!/Planning Commission workshop to present final draft comprehensive telecommunications ordinances on January. 17~ 2001 at 3PM in the Council Chambers. Staff will seek recommendations, from the above Committees and Commission, to adopt comprehensive telecommunications ordinances at a future meeting. The City Clerk will be notified to make a special announcement to the public since it is likely more than 3 council members will be in attendance. The illustration below is the process and timeline being used to develop the comprehensive telecommunications ordinances. We are currently at the "Internal/External Legal Review and Pole Rental COSA" steps in the process. C 5LARRYXTELECOMREPORT.DOC pORTANGELES WASHINGTON, U.S.A. UTILITY ADVISORY COMMITTEE MEMO DATE: December l 1, 2000 TO: UTILITY ADVISORY COMMITTEE FROM: Scott McLain, Deputy Director of Power Systems SUBJECT: Lease of Morse Creek Hydro Facilities to Ebey Hill Hydro, Inc. Summary: Staffhas negotiated a lease agreement with Ebey Hill Hydroelectric to operate the Morse Creek hydroelectric project for a 20 year period. The attached lease agreement specifies the terms md conditions under which Ebey Hill must operate the project. The City will receive $10,150 per ~ear for the first five years of the lease. Compensation in future years will be negotiated. All >bligations (financial, inspection, and other) of the project are transferred to Ebey Hill. Recommendation: UAC recommend that Council approve the attached lease agreement with Ebey Hill Hydroelectric, Inc. for operation of the Morse Creek Hydroelectric facility. Background / Analysis: During the process of surrendering our Morse Creek Hydroelectric Project license, the City was offered a proposal by Ebey Hill Hydroelectric, Inc. to lease the facilities from the City and begin operating the project. Since that time, staff has been negotiating a lease agreement with Ebey Hill. The attached lease agreement specifies the terms and conditions that were negotiated between the parties. Highlights of the lease agreement are summarized below: Lease payments to the City at $10,150 per year for the first five years, to be negotiated in five year increments hereafter. City retains ownership of the project and facilities. · FERC license remains with the City. · Ebey Hill is responsible for all aspects of the project, including complying with all license provisions and orders. · Total lease term is 20 years. · Lease can be terminated if Ebey Hill fails to perform under the agreement or any of the FERC provisions. · The City will not incur any costs associated with the project other than internal costs of monitoring the project. · The City's liability and risk exposure is the responsibility of Ebey Hill. · The City retains the right to utilize water rights and diversion for water supply needs of the City. Ebey Hill would own the electrical output from the facility. · Ebey Hill would provide for all inspections. · Ebey Hill will maintain insurance meeting the specifications of the City. There are some initial repairs that need to be completed by Ebey Hill before generation can begin at the project. It is anticipated that the project will begin operating by April 1, 2001. LEASE AGREEMENT (hereinafter "Lease") THIS AGREEMENT, (the "Lease"), is made effective the __ day of December, 2000 the ("lease date"), by and between the CITY OF PORT ANGELES, a Washington municipality ("Lessor"), and EBEY HILL HYDRO, 1NC., a Washington corporation ("Lessee"). I. PROPERTY LEASED §1.1 DEMISE. Lessor leases to Lessee and Lessee leases from Lessor the following property (the "land") along with the penstock, powerhouse, generation eqtfipment (the "facilities") and other improvements constructed on it as more particularly described in Federal Energy Regulatory Commission ("FERC") Project No. 6461 (all collectively called "the Project"). Legal Description: See Exhibit "A" attached hereto and made a part hereof. §1.2 COVENANT OF QUIET ENJOYMENT. The Lessor promises, subject to Lessee's performance of all of the terms and conditions of the Lease and the rights retained by Lessor hereunder, that Lessee shall be entitled to the quiet and peaceful enjoyment and undisturbed possession of the Project for the term of this Lease. {}1.3 OUTPUT. Lessee shall have title to any electrical output produced by the Project during the term of the Lease, and may dispose of such output in any manner the Lessee deems appropriate. II. TERM {}2.1 ORIGINAL TERM. The original term of this Lease (the "original term") shall commence on December , 2000 (the "commencement date"), and shall expire on December ,2020, (the "original term expiration date"). {}2.2 POSSESSION. Possession of the Project shall be delivered to the Lessee on the commencement date. Lessee agrees that from the commencement date, it shall operate the Project continuously during the term of this Lease, except in the event that such operation is interrupted due to acts of God or other causes beyond the control of Lessee, in which event the terms of paragraph 5.7 shall control. {}2.3 END OF TERM. At the expiration of this Lease, any fixture added to the Project during the term of the Lease at the sole expense of the Lessee shall become the property of the -1- Lessor. With respect to any such fixtures, Lessor shall pay to Lessee (or, if Lessee is indebted to Lessor, Lessor shall credit Lessee) an amount equal to the fair market value of such fixtures, not to exceed the amount originally paid by Lessee for such fixtures. If, at that time, Lessee has fully complied with Lease terms and conditions, Lessor hereby waives any fight to claim any personalty owned by Lessee located at the Project. The personalty may then be removed by Lessee provided that the Project is restored to its original condition, normal wear and tear excepted. III. CONSIDERATION §3.1 RENT FOR FIRST FIVE YEARS OF LEASE TERM. Lessee agrees to pay and Lessor agrees to accept an annual payment for each Lease Year of the first five years of the term of this Lease in the amount of $10,150.00 for each such Lease Year, with the first payment due on December __, 2000, and each subsequent annual payment due on each December __ thereafter. The term "Lease Year" shall mean the first consecutive twelve (12) month period beginning on the commencement date of the Lease and each succeeding twelve (12) month period thereafter. §3.2 RENT FOR SIXTH AND SUBSEQUENT YEARS OF THE LEASE. The annual payment due fi.om Lessee to Lessor for Lease Years 6 through 14 shall be subject to negotiation. Provided that all the terms and conditions of this Lease have been complied with by Lessee, Lessee and Lessor shall no later than one hundred eighty (180) days prior to the expiration date of the fifth, tenth, and fifteenth Lease Years enter into good faith negotiations to determine a mutually agreeable annual payment to be made by Lessee to Lessor for the next five Lease Years. All terms, provisions and covenants of this Lease shall continue to apply, except that the Lessor and Lessee may agree on an annual payment that differs from that payable during the first five Lease Years. In the event that the Lessor and Lessee have not agreed to an annual payment 90 days prior to the start of the next Lease Year, such annual payment shall be determined by arbitration conducted in accordance with paragraph 13.1. If the annual payment for any subsequent five year period has not been determined and evidenced by an amendment to this Lease by the first day of the Lease Year that commences the five year period, then Lessee shall pay as minimum rent an amount equal to one hundred and ten percent (110%) of the minimum rent from the prior term until the renewal rent is established. Once such annual payment is established, Lessee shall pay or receive credit for any difference between the annual payment so established and amount(s) paid between the commencement of the Lease Year and the date the revised annual payment is established. {}3.3 LEASEHOLD EXCISE TAX. Lessee shall pay in advance, together with the annual payment required pursuant to paragraph 3.2 above, the required Washington State leasehold excise tax as set forth in chapter 82.28A RCW as now or hereafter amended, which tax is currently 12.84%. §3.4 FINANCIAL REPORTS (a) Annual Accounting. Within thirty (30) days following each Lease Year, the Lessee agrees to deliver to Lessor an annual audited financial statement showing the amount of electricity generated at the Project, any amounts spent on operations and maintenance, and -2- the amount and type of any capital improvements made to the Project, all for the proceeding year. (b) Records and Audit. Lessee agrees to keep full, true and accurate records and books of accounts of all transactions connected with its business. Lessor shail have the fight to examine and inspect the books and records of Lessee at any reasonable time during normai business hours in order to verify the accuracy of statements rendered by the Lessee. §3.5 ADDITIONAL CHARGES. Lessee and Lessor agree that the rent accruing under this Lease shail be net to Lessor and that ail taxes, costs, common area maintenance fees, expenses and charges of every kind and nature ("additional charges") relating to the Project (except the taxes of Lessor referred to in §6.3) which may arise or become due during the term or any extension of this Lease, shail be paid by Lessee, and that Lessee shail indemnify and save harmless Lessor from and against them. All additional charges which Lessee assumes or agrees to pay under any provisions of this Lease, together with ail interest and penalties that may accrue on these additionai charges in the event Lessee fails to pay them, as well as ail other damages, costs, and expenses, including, without limitation, reasonable attorney's fees and other legai and court costs which Lessor may incur in enforcing this Lease, and any and all other sums which may become due by reason of Lessee's default or failure to comply with its obligations under this Lease, shail be deemed to be additionai rent. In the event of non-payment, Lessor shail have ail the rights and remedies as provided in' the case of non-payment of rent. IV. INSURANCE {}4.1 COVERAGE. During the term, Lessee, at its own cost and expense, shail: (a) Keep the Project and fixtures and personalty on it insured with an all risk insurance policy in an amount sufficient to cover the cost of replacement (without deduction for depreciation). Such replacement cost shail be determined from time to time at the request of Lessor, but not more frequently than once in any thirty-six (36) consecutive caiendar months. Replacement cost shall be determined by one of the insurers or, at the option of Lessor, by an appraiser, architect or contractor who is mutuaily and reasonably acceptable to Lessor and Lessee, and whom shall be retained and paid by Lessee. (b) Provide and keep in force comprehensive generai liability insurance against claims for personai injury, death or property damage occurring on, in or about the Project in limits of not less than $2,000,000 per occurrence for bodily injury, not less than $1,000,000 per occurrence for property damage, or in such other amounts as Lessor may reasonably request. §4.2 Policies. All insurance required by Lessor and provided by Lessee shail be carried in favor of Lessor and Lessee, as their respective interests may appear, and any underlying lessor, fee owner, affiliate corporation, trustee, mortgagee or other person designated by Lessor. All insurance shail be obtained from companies licensed to do business in the State of Washington and which -3- have at least a Class A:VII rating by Best's Insurance Guide or are otherwise approved by Lessor. Lessee shall procure policies for all insurance for periods of not less than one year and shall deliver to Lessor all policies or certificates of insurance with evidence of payment of all premiums. Lessee shall procure renewals of these policies from time to time before their respective expiration dates. All insurance policies shall be non-assessable and shall require thirty (30) days notice by registered mail to Lessor of any cancellation or change affecting Lessor's coverage under the policies. §4.3 ADJUSTING; PROCEEDS. Claims for loss due to damage to the Project under any policies provided for in this Lease shall be adjusted with the insurance companies (a) by Lessee in the case of any particular casualty resulting in damage or destruction not exceeding $25,000, or (b) by Lessor and Lessee, in the case of any particular casualty resulting in damage or destruction exceeding $25,000 in the aggregate. Subject to the rights of any mortgagee, the proceeds of any insurance shall be payable as follows: (1) With respect to any loss not exceeding $25,000 in the aggregate, proceeds shall be paid to Lessee, who shall hold them in trust for the purpose of paying the costs of repair and restoration; and (2) With respect to losses exceeding $25,000 in the aggregate, the proceeds shall be paid to Lessor and shall be applied to pay the costs of repair and maintenance. §4.4 JOINT EFFORTS. Lessee and Lessor shall cooperate in attempts to collect any insurance proceeds that may be due in the event of loss, and Lessee shall execute and deliver to Lessor such proofs of loss and other instruments which may be required for the purpose of recovering these proceeds. §4.5 WAIVER OF SUBROGATION. Lessee agrees to look solely to the proceeds of its own insurer for indemnity against exposure for loss of property or business interruption. Lessee warrants that its property and business interruption insurers shall have no rights against Lessor by virtue of assignment, subrogation, loan agreement or otherwise. §4.6 CANCELLATION OF INSURANCE. If any insurance policy covering the Project or any part of it is cancelled or is threatened by the insurer to be cancelled, or if the coverage thereunder is reduced in any way by the insurer for any reason, and if Lessee falls to remedy the condition giving rise to cancellation, threatened cancellation, or reduction of coverage within 48 hours after notice thereof by Lessor, Lessor may, at its option, either (i) reenter the Project forthwith by leaving upon the Project a notice in writing of its intention to do so (in which case the provisions of paragraph VIII shall apply) or (ii) enter the Project and remedy the condition giving rise to such cancellation, threatened cancellation or reduction, and Lessee shall forthwith pay the cost thereof to Lessor (which cost may be collected by Lessor as rent) and Lessor shall not be liable for any damage or injury caused to any property of Lessee or of others located at the Project as a result of any such entry. §4.7 LOSS AND DAMAGE. Lessor shall not be liable for any death or injury occurring at the Project, nor for the loss of or damage to any of the personalty or other property of Lessee or of others by theft or otherwise, from any cause whatsoever. Without limiting the generality of the -4- foregoing, Lessor shall not be liable for any injury or damage to persons or property resulting from fire, explosion, electricity, water, rain, snow, or from any other cause whatsoever. Lessor shall not be liable for any such damage caused by other persons or occupants of adjacent property, or the public, or caused by operations in construction of any private, public or quasi-public work. All of the personalty or any other property of Lessee kept or stored at the Project shall be kept or stored at the risk of Lessee. -5- THE PROJECT §5.1 USE AND SERVICES. Except as may be otherwise specifically provided by the terms of this Lease, Lessor shall not be required to furnish to Lessee any facilities or services of any kind whatsoever, such as, but not limited to water, sewer, steam, heat, gas, hot water, electricity, light and power. §5.2 REPAIRS AND MAINTENANCE. Lessee shall, at all times during the term, at its own cost and expense, keep and maintain the Project and all fixtures and personalty located on it in good order and condition, and subject to all applicable terms of paragraphs 5.3 and 5.7, shall make all necessary and desirable repairs, restorations and replacements thereof, structural and non- structural, seen or unforeseen (hereinafter collectively called "repairs"), and shall use all reasonable precaution to prevent waste, damage or injury. In the event that Lessee fails or neglects to make all necessary repairs or fulfill its other obligations as set forth above, Lessor or its agents may enter the Project for the purpose of making such repairs or fulfilling those obligations. All costs and expenses incurred as a consequence of Lessor's action shall be repaid by Lessee to Lessor within 15 days after Lessee receives copies of receipts showing payment by Lessor for such repairs or other obligations. These receipts shall be prima facie evidence of the payment of the charges paid by Lessor. Except in the case of emergency, Lessor shall give Lessee ten (10) days notice before taking any such action. §5.3 ALTERATIONS. Lessee shall not at any time make any alteration, change, addition or improvement (hereinafter collectively called "alterations") in or to the Project without the prior written consent of Lessor. In the event consent is given: (a) the alterations shall be performed in a first class workmanlike manner at Lessee's sole expense; (b) the alterations shall be made according to plans and specifications therefor, which shall be first submitted to and approved in writing by Lessor; (c) before the commencement of work on any alterations, such plans and specifications shall be approved by all governmental authorities having jurisdiction; (d) before the commencement of any alterations, Lessee shall pay the amount of any increase in premiums on insurance policies for endorsements covering the risk during work on the alterations, and workmen*s compensation insurance covering all persons employed in connection with that work. (e) if the estimated cost of the alteration exceeds $25,000.00, Lessee shall furnish to Lessor a surety bond of a company acceptable to Lessor, in an amount equal to the estimated cost of such work, or other security satisfactory to Lessor, guaranteeing the completion of such work, free and clear to all liens and encumbrances. (f) before the commencement of any alterations which involve a contract for labor, services, materials, or supplies in excess of $25,000.00, Lessee shall deliver to Lessor, where permitted by law, either (1) a duplicate original of the contract, if in writing, which shall provide that no lien or claim against the Project or the equipment on it shall be created or filed as a result of performance of work under the contract or (2) a written waiver by the architect, engineer, contractor, subcontractor, materialman, mechanic, or other person contracting to furnish such labor, services, materials or supplies, of all lien rights which he or it might otherwise have against the Project or Lessor's interest in it. All buildings, additions, improvements, fixtures and appurtenances in or at the Project at the commencement date and those which may be erected, affixed or installed in or on the Project during the term are deemed to be and shall immediately become part of the Project and the sole property of Lessor. All personalty installed by Lessee shall remain the property of Lessee. §5.4 LIENS. Should Lessee cause any alterations or repairs to be made to the Project, or cause any labor to be performed or material to be fumished, neither Lessor nor the Project shall under any circumstances be liable for the payment of any expense incurred, and all such alterations and repairs shall be made and performed at Lessee's expense. If, because of any act or omission of Lessee, any mechanic's or other lien, charge, claim or order for the payment of money shall be filed against the Project or against Lessor, Lessee shall; at its own expense, cause it to be cancelled and discharged of record or bonded within fifteen (15) days after notice of filing thereof. In the event that the Lessee fails to cause any such mechanics' or other lien, charge or order to be cancelled and discharged or bonded, then, in addition to any other right or remedy of the Lessor, the Lessor may, at its option, cancel or discharge it by paying the amount claimed to be due into Court or directly to any claimant and the amount so paid by Lessor and all costs and expenses including attorneys' fees incurred for the cancellation or discharge of such lien shall be due from the Lessee to the Lessor as an additional charge payable on demand. §5.5 iNSPECTION. Lessor or its representatives shall have the right to enter the Project at reasonable hours of any business day to ascertain if the Project is in proper repair and condition. §5.6 LICENSE AND LAWS. The Lessee shall, at its own cost and expense, obtain all necessary licenses and/or permits which may be required for the conduct of its business; and Lessee shall observe and comply with all present and future laws, ordinances, requirements, orders, directions, rules and regulations (referred to generally as "regulations") of governmental authorities having or claiming jurisdiction over the Project or the conduct of Lessee's business, including without limitation the terms and conditions contained in FERC License No. , as such terms and conditions may be revised or amended from time to time. Lessee may contest in good faith, after notice to Lessor, by appropriate proceedings conducted promptly at Lessee's own expense, in Lessee's name (and/or whenever necessary and with Lessor~s consent, in Lessor's name), the validity or enforcement of any such regulation; provided that (i) such contest or any associated deferment of payment does not subject Lessor to a fine or other criminal liability, or subject the Project to any encumbrance, (ii) Lessee diligently prosecutes such contest to a final determination by the governing authority, and (iii) Lessee fumishes Lessor with any security that Lessor may reasonably request in connection with such contest. -7- §5.7 DAMAGE OR DESTRUCTION. If, during the term, the Project or the personalty or fixtures on it are destroyed or damaged in whole or in part by fire or other cause, Lessee shall give Lessor immediate notice, and Lessee, at its own cost and expense, shall cause the prompt repair, replacement and rebuilding of same ("restoration"), subject to paragraphs 5.2 and 5.3 of this Lease. Lessor shall in no event be called upon to repair, replace or rebuild any such buildings, fixtures or personalty, nor to pay any of the costs or expenses thereof beyond or in excess of any insurance proceeds, as provided in this Lease. (a) All insurance proceeds received by Lessor or by any Insurance Trustee on account of such damage or destruction, less the actual cost, fees and expenses, if any, incurred in connection with adjustment of the loss, shall be applied by Lessor to pay or reimburse Lessee for the payment of the cost of the restoration, including the cost of temporary repairs or for the protection of the Project pending the completion of permanent restoration, and shall be paid out from time to time as restoration progresses upon the written request of Lessee, accompanied by evidence satisfactory to Lessor that: (1) the sum then requested either has been paid by lessee or is justly due to contractors, subcontractors, materialmen, or other person who have rendered services or furnished materials for the restoration pursuant to a certificate or claim for payment ("certificate"), and that the sum then requested does not exceed the amount of the services and materials described in the certificate; (2) except for the amount if any, stated in the certificate to be due for services or materials, there is no outstanding indebtedness known to the persons signing such certificate, after due inquiry, which is then due for labor, wages, materials, supplies, or services in connection with the restoration; (3) the cost of the restoration required to be done does not exceed the insurance proceeds, and (b) that there have not been filed against the Project any vendor's, contractor's, mechanic's, laborer's or materialman's statutory or similar lien ("liens") which have not been discharged of record, except those that will be discharged upon payment of the sum requested in the certificate, or bonded or contested in accordance with paragraph 5.4. Upon compliance with the above provisions, Lessor or the Insurance Trustee shall, out of such insurance proceeds and such other funds as may have been made available, pay or cause to be paid to Lessee or its designee, the respective amounts due. If the insurance proceeds and other funds deposited with Lessor or the Insurance Trustee, less the actual cost, fees and expenses, if any, incurred in connection with the adjustment of the loss, are insufficient to pay the entire cost of the restoration, Lessee will pay the deficiency. -8- At least ten (10) days before the commencement of restoration, Lessee shall notify Lessor of its intention to restore the Project. During restoration, this Lease shall not terminate, nor shall the rental and other charges payable under this Lease be abated or be affected in any manner. §5.8 WARRANTIES: DISCLAIMER. Lessor expressly disclaims any other warranty, either express or implied, and Lessee acknowledges that neither Lessor nor its agents have made any representations or promises with respect to the Project except as expressly set forth in this Lease, and no fights, easements or licenses are acquired by Lessee by implication or otherwise except as expressly set forth herein. The taking of possession of the Project by Lessee shall be conclusive evidence that the Lessee has accepted the Project "AS IS". §5.9 CONTRACTS. Lessee shall not without Lessor's consent enter into any service contract or agreement relating to the fumishing of any services to the Project unless such contract or agreement shall by its terms be terminable on no more than thirty (30) days notice or shall expressly provide that it shall not become binding on Lessor in the event that this Lease is terminated or expires. Lessee shall furnish Lessor with copies of all service contracts or agreements affecting the Project that are now in existence or that are subsequently entered into. VI. TAXES AND OTHER CHARGES §6.1 PAYMENT. Lessee shall pay on or before the last day on which payment may be made without penalty or interest, all taxes, assessments, charges for public utilities, excises, levies, license and permit fees and other governmental impositions and charges of every kind and nature whatsoever ("charges"), which may be assessed, imposed, or become due and payable in connection with the ownership, occupancy or possession of the Project or the fixtures or personalty on it, or any charges which may be imposed in lieu of, or as a substitution for, any such charges. At any time after the time for payment of each charge, upon Lessor's request, Lessee shall exhibit to Lessor satisfactory evidence of payment. All charges assessed or imposed for the fiscal periods in which the term of this Lease commences and terminates shall be apportioned. §6.2 CONTESTS. Lessee has the fight to promptly contest or review any of the charges by appropriate proceedings ("proceedings") at its own expense, and if necessary, with the prior written consent of Lessor, in the name of Lessor. Lessee may defer payment of a contested charge only if, before instituting any proceedings, Lessee furnishes to Lessor security satisfactory to Lessor and sufficient to cover the amount of each contested charge, with interest and penalties for the period which the proceedings may be expected to take. Notwithstanding the furnishing of security (other than a cash deposit), Lessee shall promptly pay each contested charge if, at any time, the Project or any part of it are in danger of being sold, forfeited or otherwise lost or Lessor becomes subject to criminal or any other liability for such non-payment; provided that in that event, if Lessee has made a cash deposit to Lessor, Lessor may pay each contested charge out of the deposit. When any contested charge is paid or cancelled, any balance of any cash deposit not so applied shall be repaid to Lessee without interest. All proceedings shall be begun as soon as possible after the imposition or assessment of any contested item and shall be diligently prosecuted to final adjudication. If there -9- is any refund with respect to any contested charge based on a payment by Lessee, Lessee shall be entitled to it to the extent of such payment. §6.3 LIMITATION; SUBSTITUTION. Nothing contained in this Lease shall be construed to require Lessee to pay any transfer, girl, franchise, corporation, income or profit tax, or capital levy that is or may be imposed upon Lessor, its successors or assigns; provided, however, that if at any time during the term of this Lease the methods of taxation prevailing at the commencement date were altered so that in lieu of or as a substitute for the whole or any part of the taxes, assessments, levies, impositions or charges (collectively "assessments") now levied, assessed or imposed ("imposed") on real estate and improvements thereon, there is imposed (1) an assessment made wholly or partially as a capital levy, or (2) an assessment measured by or based in whole or in part on the Project, or (3) a license fee measured by the rent payable by Lessee under this Lease, then to the extent that such assessments or portion thereof would be payable if the Project were the only asset of Lessor subject to the assessment, Lessee shall pay these assessments in the same manner as provided in this Lease for payment of real estate taxes. VII. INDEMNIFICATION §7.1 INDEMNITY. Lessee shall indemnify and save Lessor harmless from and against all costs, expenses, liabilities, losses, damages, injunctions, suits, actions, fines, penalties, claims and demands of every kind or nature, including reasonable attorneys' fees, by or on behalf of any person, party or governmental authority whatsoever arising out of (a) any failure by Lessee to perform any of its obligations under this Lease, (b) any accident, injury or damage which occurs in or about the Project, however occurring, (c) any matter arising out of the condition, occupation, maintenance, alteration, repair, use or operation of the Project or any part of it, (d) the contest or challenge by Lessee of any imposed tax, assessment, or other charges, or (e) any other matter arising from or relating to Lessee's use, operation or occupation of the Project. §7.2 WAIVER. Lessee hereby waives its right to indemnification pursuant to the Washington Industrial Insurance Act, RCW Title 51. VIII. ENFORCEMENT §8.1 DEFAULT. Each of the following events is a default and a breach of this Lease by Lessee: -10- (a) If Lessee files a petition in bankruptcy, insolvency, dissolution or for reorganization or arrangement under the laws of the United States or of any state, or voluntarily takes advantage of any such law or act or is dissolved or makes an assignment for the benefit of creditors; (b) If involuntary proceedings under any bankruptcy law or insolvency act or for the dissolution of a corporation are instituted against Lessee or if a receiver or trustee is appointed of all or substantially all of the property of Lessee and such proceedings are not dismissed or such receivership or trusteeship vacated within ninety (90) days after such institution or appointment; (c) If Lessee vacates or abandons the Project or indicates its intention to do so; (d) If this Lease or the estate of Lessee hereunder is transferred to any other person or party, except in a manner permitted by the terms of this Lease; (e) If Lessee fails to pay Lessor any rent or other charge when it becomes due and payable and fails to make such payment within ten (10) days after notice thereof by Lessor to Lessee; (f) If Lessee fails to perform any of its obligations under this Lease and such non- performance continues for a period within which performance is required to be made by specific provision of this Lease or, if no such period is provided, for a period of thirty (30) days after notice thereof by Lessor to Lessee; or, if such performance cannot be reasonably had within such thirty day period, Lessee has not in good faith commenced such performance within such thirty day period or has not diligently proceeded therewith to completion; (g) If the Lessee or any agent of Lessee falsifies any report required to be furnished to Lessor pursuant to the terms of this Lease and fails to notify Lessor of such falsification within sixty (60) days of submission of such report. In the event of a default under subparagraphs (a), (b), (c) or (d) above, the term of this Lease shall automatically terminate without additional notice to Lessee. In the event a default under subparagraphs (e), (f) or (g) above, shall occur and be continuing after the notice period provided, Lessor has the right, in addition to any other rights or remedies it may have, to terminate this Lease without further notice to Lessee, and in such event the term hereof shall expire in the same manner and with the same force and effect, except as to Lessee's liability, as if the expiration of the time fixed in such notice was the original term expiration date. §8.2 CURE BY LESSOR. After expiration of the applicable period of notice, or without notice in the event of any emergency, Lessor at its option may, but shall not be obligated to, make any payment required of Lessee or perform any obligation of Lessee, and the amount Lessor pays, or the cost of its performance, together with interest thereon at the highest legal rate permitted shall be deemed to be an additional charge payable by Lessee on demand. Lessor shall have the right to enter the Project for the purpose of correcting or remedying any default, but neither any expenditure -11- nor any such performance by Lessor shall be deemed to waive or release Lessee's default or the right of Lessor to take such action as may be otherwise permissible in the case of default. The Lessor shall have no liability to the Lessee for any loss or damages resulting from any such action by the Lessor, and entry by the Lessor under the provisions of Article V or VIII shall not constitute breach of the covenant for quiet enjoyment or an eviction. §8.3 SURRENDER; REENTRY; RELETTING. In the event of cancellation or termination of this Lease either by operation of law or otherwise, or in the event Lessor gives notice to Lessee to vacate the Project pursuant to a default of this Lease, Lessee agrees to immediately peacefully surrender the Project to Lessor, and if Lessee refuses to do so, Lessor may, among other things, reenter and repossess the Project, using such fome for that purpose as may be necessary, and Lessee shall nevertheless remain and continue to be liable to Lessor in a sum equal to all rent, additional rent and other charges payable under this Lease through the original term expiration date. If Lessor shall so reenter, Lessor may let or relet the Project or any part of it for the whole or any part of the remainder of the term or for a longer period, in Lessor's name or as the agent of Lessee, and out of any rent collected or received from subtenants or as a result of such letting or reletting, Lessor shall first pay to itself the cost and expense of retaking, repairing and/or altering the Project, and the cost and expense of removing all persons and property from the Project; second, pay to itself the cost and expense sustained in securing the new tenant, and if Lessor maintains and operates the Project, the cost and expense of operating and maintaining the Project; and, third, pay to itself any balance remaining on account of the liability of Lessee for the sum equal to all rent, additional rent and other charges due from Lessee through the original term expiration date. Should Lessor, pursuant to this paragraph, not collect rent which, after deductions is sufficient to fully pay to Lessor a sum equal to all rent, additional rent and other charges payable through the original term expiration date, the balance or deficiency shall, at the election of Lessor, be paid by Lessee on the first of each month. §8.4 ACCELERATION. Whether or not Lessor relets the Project, Lessor may recover against Lessee as damages for loss of the bargain and not as a penalty, in addition to any other damages, an aggregate sum which, at the time of the termination of this Lease, represents the then present worth of the excess, if any, of (a) the sum of the rent, additional rent and all other charges payable by Lessee hereunder that would have accrued for the balance of the term, over (b) the amount of rent loss which Lessee proves that Lessor could reasonably avoid over the balance of the term. §8.5 SUITS. Suit or suits for the recovery of the deficiency or damage or for any installment or installments of rent, additional rent or any other charge due under this Lease may be brought by Lessor at any time or, at Lessor's election, from time to time, and nothing in this Lease shall be deemed to require Lessor to wait until the original term expiration date to bring suit. §8.6 WAIVER. Lessee hereby expressly waives service of any notice of intention to reenter. Lessee hereby waives any and all rights to recover or to regain possession of the Project or to reinstate or to redeem this Lease as permitted or provided by any statute, law or decision now or hereafter in force and effect. No receipt of moneys by Lessor from Lessee after the cancellation or termination of the Lease shall reinstate, continue to extend the Lease, or affect any prior notice given to Lessee or operate as a waiver of the right of Lessor to enforce the payment of rent and -12- additional rent then due or subsequently falling due, or operate as a waiver of the right of Lessor to recover possession of the Project by suit, action, proceeding or other remedy, and any and all moneys so collected shall be deemed to be payments on account of the use and occupancy of the Project, or at the election of the Lessor, on account of Lessee's liability under this Lease. §8.7 PROOF OF CLAIM. Nothing in this Article shall limit or prejudice the right of Lessor to prove and obtain as liquidated damages in any bankruptcy, insolvency, receivership, reorganization or dissolution proceeding an amount equal to the maximum allowed by any statute or rule of law governing such proceeding, whether or not such amount is greater, equal to or less than the amount of the damages referred to in any of the preceding sections. §8.8 .INJUNCTION. In the event of a breach or a threatened breach by Lessee of any of its Lease obligations, Lessor shall have the right to enjoin and restrain the breach and to invoke any remedy allowed by law or in equity, in addition to other remedies provided in this Lease. §8.9 INDEPENDENT RIGHTS. The rights and remedies of Lessor are distinct, separate and cumulative, and no one of them, whether or not exercised by Lessor, shall be deemed to be to the exclusion of any of the others. §8.10 NON-WAIVER. The failure of Lessor to insist upon strict performance of any of Lessee's obligations under this Lease shall not be deemed a waiver of any rights or remedies that Lessor may have and shall not be deemed a waiver of any subsequent breach or default by Lessee. IX. NO RENT ABATEMENT §9.1 NO ABATEMENT. Unless specifically provided in this Lease, no abatement, diminution, or reduction of rent, additional rent, charges or other compensation shall be claimed by or allowed to Lessee, or any persons claiming under Lessee, under any circumstances, whether for inconvenience, discomfort, interruption of business, or otherwise. X. REGULATION §10.1 FERC LICENSE. The operation of the Project is govemed by the terms and conditions of FERC Project No. 6461, as such terms and conditions may be revised or amended from time to time. The Lessee agrees to operate the Project and all facilities located thereon in conformance with all such terms and conditions, and to take all actions necessary to ensure that the Project is at all times in compliance with all such terms and conditions, and any orders that may be issued by the FERC with respect to the Project. §10.2 iNSPECTIONS. Lessee will at its own expense perform all inspections required by state or federal agencies with jurisdiction over the Project as required from time to time by such agencies. -13- §10.3 OWNERSHIP. Lessee understands and agrees that the ownership of the Project (FERC Project No. 6461) shall remain with the Lessor. XI. WATER RIGHTS § 11.1 USE OF WATER. Lessor will retain the right to utilize the diversion dam that is part of the Project in any manner it deems necessary in order to obtain water under its water right for purposes of providing water to the residents of the City of Port Angeles. XII. ASSIGNMENT §12.1 BY LESSOR. This Lease shall be fully assignable by the Lessor or its assigns. §12.2 BY LESSEE. Neither Lessee, nor Lessee's successors or assigns, shall (unless expressly permitted in this Lease) assign, mortgage, give as security, pledge or encumber this Lease, in whole or in part, by operation of law or otherwise, or sublet the Project, in whole or in part, or permit the Project or any portion of it to be used by others, or enter into a management contract or other arrangement whereby the Project shall be managed and operated by anyone other than the Lessee, without the prior consent in writing of Lessor in each instance, which consent shall not be unreasonably withheld. Consent to an assignment of this Lease by Lessor shall not constitute a release of liability of Lessee, and any guarantor, from further liability hereunder. If this Lease is assigned or transferred, or if all or any part of the Project is sublet by anybody other than Lessee, Lessor may collect rent from the assignee, transferee, subtenant or occupant, and apply the net amount collected to the rent reserved in this Lease, but no such assignment, subletting, occupancy or collection shall be deemed a waiver of any covenant or condition of this Lease, or the acceptance of the assignee, transferee, subtenant or occupant as lessee, or a release of Lessee from the performance or further performance by Lessee of its obligations under this Lease, and Lessee shall continue to be liable for all its obligations under this Lease. The consent by Lessor to an assignment, mortgage, pledge, encumbrance, transfer, management contract or subletting shall not in any way be construed to relieve Lessee from obtaining the express consent in writing of Lessor in each instance to any subsequent similar action that the Lessee may intend to take. §12.3 ASSUMPTION OF ASSIGNEE. An assignment made with Lessor's consent or as otherwise permitted shall not be effective until Lessee delivers to Lessor an executed counterpart of such assignment containing an agreement, in recordable form, executed by the assignor and the proposed assignee, in which the assignee assumes the performance of the obligations of the assignor under this Lease to the original term expiration date. XIII. -14- MISCELLANEOUS §13.1 ARBITRATION. Any disputes or controversies between the parties arising under this Lease, which cannot be resolved by informal discussion between the parties, shall be resolved by binding arbitration. Any such arbitration proceeding shall be held in the City of Seattle, Washington, in accordance with the rules of the Judicial Arbitration and Mediation Service (JAMS) requiting the appointment of one (1) arbitrator. §13.2 NOTICES. Every notice, approval, consent or other communication authotized or required by this Lease shall be effective if given in writing and if hand delivered or sent by United States Registered or Certified Mail, Return Receipt Requested, with postage prepaid, and addressed directly to Lessor at City of Port Angeles, Attn: Property Manager, 321 E. 52 Street, P.O. Box 1150, Port Angeles, WA 98362-0217 and to Lessee at the Project, or at such other address as either party shall fi.om time to time designate in writing. Every notice shall be deemed to be effective upon delivery, if delivered, or on the second business day after mailing, if mailed. All payments to the Lessor shall be made at the address designated for notices to the Lessor. §13.3 CONSTRUCTION. In the event that any of the provisions of this Lease shall be court order be held invalid or in contravention of any of the laws of the United States or of any state having jurisdiction over the subject matter or of any dispute arising under it, such invalidation shall not serve to affect the remaining portion of this Lease. This Lease shall be governed by and construed in accordance with the laws of the State of Washington. §13.4 SUCCESSORS. This Lease shall bind Lessor and Lessee and their successors, heirs, assigns, administrators, and legal representatives, as the case may be. §13.5 RECORDING. Lessee shall upon request of Lessor execute a short form of this Lease on a written document witnessed and acknowledged in a form capable of being recorded in the public records of the county where the Project are located. Lessee shall not record this Lease without prior written consent of Lessor. §13.6 COUNTERPARTS. This Lease is being executed simultaneously in counterparts, any one of which shall be deemed an original. §13.7 NO AGENCY. The parties hereto agree that the business relationship created by this Lease is solely that of Lessor and Lessee. Nothing contained in this Lease shall make Lessee an agent, legal representative, partner, subsidiary, joint venturer or employee of Lessor. Lessee shall have no right or power to, and shall not bind or obligate Lessor in any way, manner or thing whatsoever, nor represent that it has any right to do so. §13.8 TIME OF THE ESSENCE. Time shall be of the essence in every part of this Lease. §13.9 BINDING EFFECT. This Lease shall become immediately binding on the parties to this Lease on the date the last party signs it, notwithstanding that the term of this Lease shall commence upon a future date. -15- §13.10 HEADINGS. The headings of the paragraphs and subparagraphs are inserted solely for the convenience of reference and shall not constitute a part of this Lease, nor limit, define or describe the scope or intent of this Lease. §13.11 JOINT AND SEVERAL LIABILITY. If Lessee consists of more than one person, each individual's liability under this Lease shall be joim and several. IN WITNESS WHEREOF, this Lease is entered into the day and year first above written. LESSOR: CITY OF PORT ANGELES, a Washington municipality By: Its: LESSEE: EBEY HILL HYDRO, Inc., a Washington corporation By: Its: STATE OF WASHINGTON ) ) SS, COUNTY OF CLALLAM ) -16- On this day of ., 2001, before me personally appeared , to me known to be the for the City of Port Angeles, a municipal corporation, that executed the within and foregoing instrument, and acknowledged the said instrmnent to be the free and voluntary act and deed of said municipal corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument. GIVEN unto my hand and official seal this day of ,2000. Notary Public in and for the State of Washington residing at My Commission Expires: STATE OF WASHINGTON ) ) SS. COUNTY OF CLALLAM ) On this day of ,2001, before me personally appeared ., to me known to be the of Ebey Hill Hydro, Inc., a Washington corporation, that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated the he/she was authorized to execute said instrument. GIVEEN unto my hand and official seal this day of ., 2000. Notary Public in and for the State of Washington residing at My Commission Expires: -17- UTILITY ADVISORY COMMITTEE Schedule of Meetings - 2001 Public Works Conference Room 3:00 P.M. January 8, 2001 July 9, 2001 February 12, 2001 August 13, 2001 March 12, 2001 September 10, 2001 April 9, 2001 October 8, 2001 May 7, 2001 November 13, 2001 June 11, 2001 December 10, 2001 Electric Franchise December 11, 2000 © · · · · · MEIRO PO IITAN CO MMUN ICATIO N S CO N SULTAN TS Community T eleco mm u nic atio ns Action Plan Status Report December 11, 2000 Status Report · Interim Telecommunications Procedures (Today's agenda item) · Telecommunications Needs and Interests Assessment · Fiber Optic Backbone Needs and Interests Assessment · Participation in Fairpoint Bridgeworks program · Unisys · Communications with service providers · MCC survey development Fiber Optic Backbone · Preliminary business planning · Business planning · Fiber optic cable sealed bid · Consultant RFQ · Project development process & timeline ~'~--_-- COMMUNICATIONS -'-- CONSULTANTS T e leco mm u nic atio ns Interim Procedures December 11, 2000 Today's Presentation · Brief Background · Interim Procedures Summary · Comprehensive Ordinances Preview · Questions Telecommunications Ordinance · Economic Development · Environmental impacts · Compliance with laws · Management of ROW · Cost recovery Interim Development Timeline Document 1 I Lcsal Revicw Proc~ures Council 1 l/I/O0 [ I2/20/00 1/$/01 1ll6/O0 L_ Interim Wireless Procedures 2 Interim Wireless Approval Procedures · Period 10/17/2000- 4/17/2001 · Ordinance housekeeping · City response · Planning Department · Poles & leases Interim Wireless Application Requirements · Photo-simulations · Site plan · Map · Co-location · Permit fee Interim Wireless Interim Agreement(s) · Agreement template · Approved by Planning Commission & City Council · Term · Development standards Interim Wireline Procedures Approval Use permit procedure [ Application Poles Requirements Interim Leases Agreement(s) 4 Interim Wireline Approval Procedures · Period 10/17/2000- 4/17/2001 · Master Permit or License? · City response · Public Works & Utilities Dept. · Poles & leases Interim Wireline Application Requirements · Engineering plans & specifications · Route map · Permit fee · Performance bond · Insurance · Security 5 Interim Wireline Interim Agreement(s) · Reviewed by UAC, approved by Council · Term · Compliance with related ordinances · Tree trimming · Sale or transfer Interim Wireline Use Permit · ROW construction · Excess capacity · City response · Public Works & Utilities Dept. 6 Comprehensive Ordinances Revenue and Business Licensing Struts and . · Public Uttbtles Zon ng S dcv~alks Finance and Regulation T~LI 13 Tfficl7 ~,Pr.sio~ ~-l~ i ir ~2j,~ Chap~/3.70 ~ Comprehensive Ordinances Timeline 7 Comprehensive Ordinances Timeline - Continued WASHINGTON U.S.a. UTILITY ADVISORY GOMMITTI:i= DATE: December 11, 2000 To: UTILITY ADVISORY COMMITTEE FROM: Jeff Young, WWTP Supt, SUBJECT: NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT RENEWAL This is an informational memo to let the Committee know the status of our Wasterwater Treatment Plant NPDES permit. Background / Analysis: We have been working on the permit renewal application for the Wastewater Treatment Plant and have it ready to be mailed out. The nenewal application is due 180 days before our current permit expires. The Department of Ecology has extended our last permit, which expired on June 30, 1997, until July 1, 2001. This NPDES renewal application will cover the period from July 1, 2001 until July 1, 2006. We have asked the Department of Ecology to reduce some unnecessary test requirements in previous letters dated June 9, 1997 and March 8, 2000. We are hoping that when the draft permit issued that they will have conceded on these issues. There will be a thirty day comment period, after the receipt of the draft permit, where we can make any further attempts to reduce this testing. Attachment:NPDES Cover letter to Dept. Of Ecology dated 12/1/00 Completed NPDES form 2A C:\WWTPWiEMOS~npdesuacmemo.wpd poR .T. ANGELES WASHINGTON, U.S.A. PUBLIC WORKS & UTILITIES DEPARTMENT December I, 2000 Mr. David Daugherty Washington State Dept. of Ecology Southwest Region PO Box 47775 Olympia, WA 98504-7775 Subject: NPDES Pennit No. WA-002397-3 Renewal Application Dear Mr. Daugherty: Enclosed is the NPDES Permit Renewal Application for the City of Port Angeles for your review. As we previously discussed, the City will continue to analyze the final effluent for acute and chronic toxicity for the next three quarters. These will be mailed to you on the NPDES 2A form as they become available. We are expecting that the NOEC, LOEC., and LC50 will all be acceptable for the C.dubia and P.Promelas as the results from the third quarter of 2000 indicated. Again, the City would like to refer to previous letters dated June 9,1997 and March 8, 2000 requesting reductions in frequency for effluent analysis. We have asked for silver to be reduced to once a year analysis and to discontinue the volatile, semivolatile, metals, and PPO analysis on the influent and effluent. We have also asked the Department to consider annual rather than quarterly biosolids analysis. The City has been collecting data for well over five years that indicates these compounds are not present in our influent and effluent. If you have any questions please call me at 360- 417-4845. Thank you. Sincerely, Jeff D. Young Superintendent enc: correspondence to Ms. Cam Meriwether, Dept. of Ecology dated June 9, 1997 correspondence to Mr. David Knight, Dept. of Ecology dated March 8, 2000 Completed NPDES form 2A cc: Glenn Cutler, Public Works Director Doug Schneider, Brown and Caldwell File: c:\wwtp~npdeslctkld 12-O0.wpd , 321 EAST fiFTH STREET · F~ O. BOX 1150 · PORT ANGELES, WA 98362-O217 PHONE: 360-417-4805 · FAX: 360-z~17-4542 · TTY: 360-417-4645 , E-MAIL: PU BWORKS~CI. PORT-ANGELES.WA,US CITY OF PORT ANGELES 321 East Fifth Street. PO Box 1150 Phone (360~ 417-4805 TTY Phone (360) 417-4645 PUBLIC WORKS Port Angeles. Washington 98362-1150 Fax (360~ 417-4609 e-mail papwdept@olympus.net 3une 9,1997 Ms. Cam Meriwether Department of Ecology Southwest Regional Office P.O. Box 47775 Olympia, Washington 98504-7775 3772-04/5 Subject: NPDES Permit Renewal Application WA-002397-3 Dear Ms. Meriwether: Enclosed is the lq?DES Permit Renewal Application for the City of Port Angeles (Permit No. WA-002397-3) for your review. Based on the City of Port Angeles Final Ouffall Mixing Zone Study (Brown and Caldwell, January 1996), the City requests that the Department of Ecology re-evaluate the effluent monitoring required of the wastewater treatment plant for toxic substances (WAC 173-201A). Effluent limits in the November 30, 1993 permit are based on treatment plant effluent data collected prior to construction and operation of secondary treatment processes. Since these processes have been in operation, new data have been collected and should replac~ those currently in the permit and associated Fact Sheet. Enclosed in this permit application is a section entitled "Permit Limits" which is a reprint of this section in the Final OuOCall Mixing Zone Study. This study concludes: Based on these permit limits and the measured maximum concentrations in the effluent, it is very unlikely that the Port Angeles WWTP will violate toxic substance limits. Of limited interest is total residual chlorine; however, the amount of residual chlorine can be controlled with the operation of chlorination and dechlorinafion processes to achieve a concentration below the permit limit. The City is adopting a number of existing environmental documents which are in your possession as part of this application. These documents include the following: Beak Consultants. CiO, of Port Angeles NPDES Sediment Monitoring Report. Prepared for the City of Port Angeles. March 1997. Brown and CaldwelL CiO, of Port Angeles Final OuOCall Mixing Zone Study. Prepared for City of Port Angeles. January 26, 1996. Ms. Cam Meriwether June 9, 1997 - ' Page 2 Brown and Caldwell. Combined Sewer Overflow (CSO) Reduction Plan. Prepared for City of Port Angeles. January 1994. Brown and Caldwell. Facility Plan for Port Angeles Secondary Level Wastewater TreatrnentFacilities. Prepared for City of Port Angeles. September 1989. Brown and Caldwell. Pumping Station Reliability Plan. Prepared for City of Port Angeles. January 1994. Brown and CaldwelI. Residual Solids Management Plan Update. Prepared for the City of Port Angeles. April 1997. If you need copies of these documents, please contact Render Denson of Brown and Caldwell at (206) 749-2315. It is a pleasure working with you; the City appreciates how solicitous and responsive you have been regarding the various studies leading up to this permit application. If you have any questions, call me at (360) 417-4803 or Render Denson of Brown and Caldwell at (206) 749-2315. Very truly yours, Director of Public Works WASHINGTON, U.S.A. PUBIIC WORKS & UTILITIES DEPARTMENT March g, 2000 David Knight WS Department of Ecology PO Box 47775 Olympia, WA 98504-7775 Dear David, In regards to our telephone conversation of 3/8/00 1 would like to officially request that you and the Department consider the following changes to our sampling schedule. I) We request that the frequency for silver analysis be reduced to once per year, as per comments from page 7 of our NPDES permit (WA-002397-3). We have no detectable silver in our effluent. 2) We request that the frequency for biosolids analysis be reduced to once per year as per comments from page 8(4.) of our permit. The biosolids analysis fluctuate very little from quarter to quarter and the metals level are very low. The Pretteatment Monitoring requirement from page 11 (I) also requires quarterly monitoring and we request that be reduced to once per year for the biosolids. Without any SILl contributors in our system it seems unnecessary to do any of this analysis at all. Again, the results of the past testing shows that these elements are not present at any appreciable level and pose no risk to the environment. . .- ~ 3) We request that the requirement for influent and effluent annual testing for volatiles, &? ~.~.~: metals and PPO be removed. Our rationale is that the biosolids analysis would show any · - ?~ ~?~: of these pollutants if they were found in the influent or effluent. Also that there has not -,..' : ~,. been any of these compounds found in our influent or effluent (Zee attachments) in any ~. appreciable amounts. We have 5 years of data that definitely shows the pattern. I have only included the last quarter results but will send you the rest upon your request. , o% 'p; enendent w,v 'm CC: Glenn Cutler, Director of Public Works Ken Ridout, Deputy Director Gary Kenworthy, Deputy Director Doug Schneider, Brown and Caldwell File 321 EAST FIFTH STREET ® P. O. BOX I 150 ® PORT ANGELES, WA 98362~0217 . ..-:~ PHOI%E: 360-417-4805 · FAX: 360-417-4542 · TTY: 360-417-4645 E-MAIL: PU BWOR KS@CI. PORT-ANGELES.WA. ~IS Port Angeles WWTP WA002397-3 "°"MI SFO R 2A NPDE RM 2AAPPLICATION OVE VIEW: NPDES : APPLICATION OVERVIEW Form 2A has been developed in a modular formal and consisls of a "Basic Application Information" packet and a "Supplemental Application Information" packet. The Basic Application Information packet is divided into fwd parts. All applicants must complete Parts A and C. Applicants with a design flow greater than or equal Io 0.1 mgd must also complete Part B. Some applicants musl also complete the Supplemental Application Information packet. The following items explain which pads of Form 2A you must complete, BASIC APPLICATION INFORMATION: A I~asic Applicalion Information lot all Applicants All applicanls musl complele queslJons A. 1 through A § A Irealment flows grealer than ol equal to 0 1 rpJIhon gallons per day musl complete queslions E~ 1 through C Ce*lffJcalion. AU applicants musl complele Pa,1 C (Cerlificalion) SUPPLEMENTAL APPLICATION INFORMATION: meets one or more of (he followirlg cntena musl complete Fan D (Expanded Effluenl Tesling 2 Is required to have a p~elrealmenl program (or has one in place), or 3 Is olhet~vise required by Ihe permdhng Buthorily to provide Ihe mlormalJon Testing Data): 3 Is olherw~se requbed by Ihe pe~m,lt,ng aulhorily to submil resulls of Ioxicily lesling. sJgnit'lcanl induslrial users (Slgs) or receives RCF~J% or CERCLA wasles mLJSl complele Par1 F (JndustnaJ User Discharges and RCRAJCERCLA Wastes) SIUs are defined as. All industrial users subjecl Io Calegor,c. al Pretreaimenl Slandards under 40 Code of Federal Regulallons (CFR) 403 6 arid 40 CFR Chapter I. Subchapter N fsee ~nstructions); and G Combined Sewer Systems A lrealmenl works thai has a combined sewer syslem musl complete Pad O (Combined Sewer Systems) ALL APPLICANTS MUST COMPLETE PART C (CERTIFICATION) Port Angeles WWTP WA002397-3 F~R~ ~SlC:~PuCATION INFORMATION FOR ~L:~B~A~T$:: I Fa~i~ ~ C&t~ of ~o~ ~les ~te~te~ ~ea~nt ~l~t Ma~ingAddmss 321 ~t 7~Eth St,, P.O. ~ 1150 ~o~ ~qeies, ~A 98362 ~ p~. Jeff D. Yo~g ~,~ Su~te~ent ~.~.~..u~ (360) 417-4845 or (360) 417-4890 ~ad~eress 1509 ~t Col~ia St. (~PO~x) Po~ ~les, ~ 98362 NPOES WA002397-3 PS~ uIc O~er WEOE/WQMOD/DE96 WQ-5250 RCIRA Other ACOE/NWP/96-1-00185 WDOE ST 6108 City of Port Anqe.les 18,700 combined municipal Total popu[atlon served 18 ~ 700 EPA Form 3510-2A (Rev 1-9g) Replaces EPA forms 7550-6 & 7550-22. Page 2 of 21 FACILITY NAME AND PERMn' NUMBER: Form Approved II14199 OMB Number 204~0086 Port Angeles WWTP WA002397-3 A.5. indian Country. a. is the treatment works incaled in Indian Country; Yes ~ No b. Does the treatment works discharge to a receiving wate; that is either in Indian Country or that is upslream from (and eventually flows through) thd~n Country? Yes X No A,6. Flow. Ir~dicste the design flow rate of the tn~atment planl (i.e.. the wastewate~ ~ rate that the plant was built to handle}. AJso provide the ave~'age a. Design flOW n~te 6,7 mgci b. Annual ave~'age daily flow rote 3.1 3.1 2.6 mg~ c. rV, ax~.x,m ~ flow ~ate 10.5 10.7 9.3 mgd X Separate sanitary sewer 67 % EPA Fom~ 3510-2A (Rev. 1-99). Replaces EPA forms 755(A6 & 7550-22. Page 3 of 21 FACttlTY HAME AND PERMIT NUMBER: ( Form A,oprOUed II14199 I ?oz't: Angel. es ~,¢['? 1~A002397-3 (e.g.. lank truc~, pipe). If tmnspo~l is by a pady other Ihan the appE:ant, provide: Transporter name: Mailing Address: Titte: Mailing Address: Contact person: TAle: Telephone number: If known, provide/he NPDES pern~t number of the treatment works that receives this discharge. Provide the average daily flow rate fn~m Me treatment wonV. s into the rec~iving facility, mgd Does the ffeetment wor~s discharge or dispose of its wastewater in a manner not included in A.8.a through A.8.d above (e.g. underground percolation, we~l injection)? -- Yes X NO If yes, provide the fotfawing for each disoosal method: Desc~ptJon of n'~ethod (including location end size of site(s} if applicable): Annual da~ volume disposed of by this method: Is disposal through this method -- continuous or -- inte~'mittent? EPA Form 3510-2A (Rev. 1-99). Replaces EPA forms 7550~ & 7550-22. Page 4 of 21 FACILITY NAME AND PERMn' NUMBER: Fon~ ~oprow}d 1114i99 Port Angeles WWTP WA002397-3 A.9. Description of Outfall. a. OutfaJl numbe~ 00i- h Loc~,~ PQZ'L Anqeles 98362 Cle3.1am c Distance from shore (if apj~lic, able) 3.~00 fi d Depth below surface (if applicable) -53 fi. (mt[w) e. Average daily flow tale 2.6 mgd ( 1999 ) discharge? Yes X No a Name of receiving Waler Strait of J~:~ de ~loa b. Name of watershed (if known) d. Cddcal Iow IIow of receiving stream (if applicable): EPA Form 3510-2A (Rev. 1-99). RepJaces EPA forms 7550-6 & 7550-22. Page 5 of 21 Port Angeles WWTP WA002397-3 o~ig, SS remora 85 % C~or~ation with ~orite ~ ~,~ 9.34 MGD 2.6 ~D 367 *.mm,~,u~. ~,~ 14.8 "C 11.6 "C 152 ~m~,~. (s.~) 19.1 oC 16.3 "C 206 CONVENTIONAL AND NONCON~NTIONAL COMPOUNDS. O~me~"o"e~ I ceoo-s 9 m~/L 5 ~/L 152 5-2~5210 .01 ~/ 75 ~/ 162 )-6079222E 1.0 FEC~ C~F~ 590 ]~ ~, ]~ ~ ror~ SUS~E.OEO SOUOS (~) 20 mg/L 6 ng/L 301 ~ ~] ~ 1.0 Po:t: Angeles ~ ~A002397-3 934,247 R~sponsibi~i~$ of C0fltracto~ Scheduled Improvements and Schedules of Implement~Uon. Prowde reformation on any unoochpleted implementation sohedule or treatmenl works has several differenl implernentaJion sc~ledules o~ is plannln§ several improvements, submit separate responses to question 8.5 for eac~ (If none. go Io clues§o~ BE) None EPA Form 3510-ZA {Rev 1-99) Replaces EPA forms 7550~ & 7550~22. Page 7 of 21 FACILITY NAME AND PERMIT NUMBER: Focr. App.o,.e= ~11'~19~ Port Angeles WWTP WA002397-3 CO.W.~O.~L ~.~ .O.CO~*~O~ CO~POU.~S. AMUON~ (as N) 15.0 ~/L 7.0 m~/L 11 ~A 350.1 .005 ~ES~OUAL, TRC) 0.63 ~L 0.12 mg/L 639 ~ 4-46.4.~ .01 o~sso[~o O~GEN 11.6 mg/L 6.6 mg/L 631 ~ 4500~ .01 NItROGeN (TKN) 15.0 m~/L 7.6 mq/L 11 ~A 351.3 0.25 NnROGEN 15.0 mg/L 9.3 mg/L 11 EPA 353.2 .01 O~L and G~AS~ 7.4 mg/L' 1.8 m~/L 12 ,EPA 413,~ 1.0 EPA Fe,~n 3510-2A (Rev. 1-99). RepLaces EPA forms 7.550-6 & 7550-22. Page 8 of 2t FACILITY NAME AND PERMIT NUMBER: FormAppmve~ 11~4199 BASIC AP P~I CAT:iO N' .INFO RMATION ~et~ and am:s~::.~ ~ ~p:st~e~:aoD~ Name and ~m title Jeff D. Yo~g, S~r~te~ent Teleph~e numar ( 360 ) SEND COMPLETED FORNIS TO: EPA Form 3510-ZA (Rev. 1-99). Rep~s EPA ~r~ 7550-6 & 7550-22 Page 9 of 21 FACILITY NAME AND PERMIT NUMBER: Form Al)pzoveO 1114199 Port Angeles WWTP WA002397-3 SUPPLEMENTAL APPLICATION INFORMATION PART D. EXPANDED EFFLUENT TESTING DATA Refer to :the ~i~ctio~s 0n t6~:~.~ver pa.qe to determine whether:this .section appties tO %he treatm~i~ : is required to have) a prelmatrnenl prngmm, or is otherwise required by the pe~mi~tlag authority to pmvida the data. then provide effiuenl testing data for the follOWng pollutanf$. Provide the indicatad effluenl lesling ioformalion and any other information required by the permi~ing authority for each ou~ll thr~J(]h , c~llecled through analyses conducted using 40 CFR Part 136 methods In addition. Ihese data musl comply with QA/QC requirements of 40 CFR Part 136 and other appropdata OA/OC requirements for standard rnelhoda for analytes not addressed by 40 CFR Part 136. Indicate in the blank rows p~ovided Ouffall number. 00 1 (Complele once for each outfall discharging effluent Io wale~ of the United States.) POLLUTAN~ : ::: i MAYJMUMOAILY .: [: DSCHARGE : :!? ::: : ~:.! ;: N~E~HO~ : :! :'' ;: ARS~N'C .003 mg/L 0.1 , l~. .001 mg/L .02 lbs. 12 I~ 206.2 .001 C,ROM,U~ .01 m2/I 0.5 lbs. .005 ng/L .12 ihs. 12 I~A 200.7 .001 CO"RER .13 ng/I 11.6 lbS. .03 ng/L 0.7 ltS. 12 I~ 200.7 .001 LE~D .004 m:3/[ .18 Ihs. .0~2 m:3/L .03 lks. 12 ~PA239.2 .001 ,,CKEL .01 m:3/[ 0.2 ]h~. .007 nz3/L .16 lbs. 12 ERA 200.7 .0(5 SEL~,IU~ .004 m:3/I .15 lbs. .0~2 m:3/L .04 ]ks. 12 ]A:~A 270.2 .001 s~tVE~ .01 r~gL 0.2 lbs. .01 rrg/L0.2 lbs. 12 ~PA 200.7 .01 'HALLIU~ .03 n~VL .63 ]ks. .02 m:3/L0.4 lbs. 12 51~A 200.7 .01 z,,c .06 ~m3/L 1.3 1Es. .03 m:3/l0.8 les. 12 EPA 200.7 .001 c~^.,OE .03 mg/b 1.4 lbs. .008 rrg/I0.2 . lbs. 12 E]~A 335.2 .005 m~^t ..eNOUC CO~,OU.DS .0~5 m~/l .12 lbs. .005 m:3/[0,12 I lbs. 5 2PA 420.2 .005 HARDNESS {aS C~CO3) M:Ayn-]~un' .01 n~ 0.2 lbs. .007 .~ .16 its. 12 M~A 2~0.7 ,0C5 Petrml~m h%/~ 7.4 ~.~ 153 l[:s. 1.0 mq/i 23 lbs. 11 ~PA 418.1 1,0 EPA Form 3510-2A (Rev. 1-99). Replaces EPA fo~m~ 75S0-6 & 75S0-22. Page 10 of 21 Port Angeles WWTP WA002397-3 vo~,~ O~OA,m CO~POU,OS. *c~e, L0 ~0.~ ~. L0 ~ .~ ~. 7 ~ L0 ~o,~ L0 ~ 0.~ ~. L0 ~ .~ ~. 7 ~A~ L0 C~eON TET~CHLORI~ 1,0 ~ 0.~ I ]~, 1.0 ~ .~ ~, 7 ~ ~ 1.0 Ct~O~NZENE 1.0 ~0.~ 1~, 1.0 ~ .~ ~. 7 ~ 1.0 C.~O,~T.~,~ 5.0 ~ O.~ ~. 5.0 ~ .~ ]~. 7 ~ -5.0 ETHER 1.0 ~ 0.~ ~. 1.0 ~ .~ l~. 7 ~ ~ 1.0 CHLORal" 1.0 ~ 0.~ ~. 1.0 ~ .~ l~. 7 ~ ~ 1.0 O,C.LOROB~O-~ET"~E 1.0 ~ 0.~ ~. 1.0 ~ .~ l~. 7 ~A ~ 1.0 ,.,~CHLOROETU~E 1.0 ~ 0.~ ~. 1.0 ~ .~ ~. 7 ~A~ 1.0 ~.2.O~CORO~H~NE 1.0 ~ 0.~ ~. 1.0 ~ .~ ~. 7 ~ 1.0 ~,S-'.~-O'C"~O"~"~"~ 1.0 ~ 0.D ~. 1.0 ~ .~ ~. 7 ~ ~4~ 1.0 13-OiCH[OROEIHY[EN~ 1.0 ~ 0.~ ~. 1.0 ~ .~ ~. 7 ~ 1.0 ,.~-om,o,omo,~ 1.0 ~ 0.D ]~, ~ 1.0 ~ .~ ~. 7 ~A ~ 1.0 1.0 ~ 0.D ]~, 1.0 ~ .02 ~. 7 ~A~ 1.0 1.0 ~0.D ~. 1.0 ~ .02 ~. 7 ~ ,1.0 5.0 ~ O.~ ~. 5.0 ~ .~ ~. 7 ~A~ 5.0 5.0 ~ 3.~ ~. 5.0 ~ .~ ~. 7 ~ 5.0 ,Em*[~,~c.~ 10 ~i~[.3 ~. 3.6 ~ .~ ~. 7 ~ 1.0 ,.,.~.z-,~c.~o,~.~ 1.0 ~ ).~ ~. 1.0 ~ .~ ~. 7 ~ 1.0 TET~CHLO~-ET.YLeNe 1.0 ~ ].~ ~. 1.0 ~ .~ ~. 7 ~A ~4~ 1.0 ,~OENE 1.0 ~.~1~. 1.0 ~ .~ ]~. ~ ~ 1.0 FACILITY NAME AND PERMIT NUMBER: F~rn Al~pro~d 1114199 Port Angeles WWTP WA002397-3 ....................... ; ................... ~ ................................................. ........ ::::~ ::~::~:::!: ~:::~:~:~ :::::: ~.~.,-T.~C.~.O"OE'rH~"E 1.0 u:j/r_, ./3 ~. 1.0 ~ .~ ~. 7 ~ ~ 1.0 I.I,2-TRiCHLOR~T~NE 1.0 ~ .~ ~. 1.0 ~ .~ ~. 7 ~ 1.0 TRICHLORETHYLENE 1.0 ~ ,~ ~. 1,0 ~ .~ ~, 7 ~ 1.0 v,.V~C.LOmOE 5.0 ~ .~ ~. 5.0 ~ .~ ~. 7 ~ 5.0 P-CHLOR~M~RE~L 2.0 ~ .26 ~. 2.0 ~ .~ ~, 7 ~ ~ 2.0 2~HLOROPHENOL 2.0 ~ *~ ~* 2.0 ~ .~ ~. 7 ~ ~ 2.0 ~,~-~.C.~ORO..~.O~ 2.0 ~ .26 ~. 2.0 ~ .~ ~, 7 ~ ~ 2.0 ,~.~-~,~.~.H~O~ 2.0 ~ .26 ~. 2.0 ~ .~ ~. 7 ~A ~ 2.0 ..~-O~.,~.O-O~.ESO~ 5.0 ~ .~ ~. 5.0 ~ .~ 1~. 7 ~ ~ 5.0 2.4-DINITROPHEN~ ~0 ~ 1.3 ~-.,~.O..~O~ 5.0 ~ .~ ~. 5.0 ~ .~ ~. 7 ~ ~ 5.0 ~-"'tRO""~"O~ 10 ~ 1.3 5.0 ~ .~ ]~ 5.0 ~ .~ ~. 7 ~ 5.0 2.0 ~ .26 1~ 2.0 ~ .~ ~. 7 ~ ~ 2.0 2.4,6-TRICHLOROPHENOL 2.0 ~ .26 ~. 2.0 ~ .~ ~. 7 ~ 2.0 ACEN~H~ENE 2.0 ~ .26 ~. 2.0 ~ .~ ~. 7 ~A ~4~ 2.0 ACENAPH~YLENE 2.0 ~ .26 ~, 2.0 ~ .~ ~. 7 ~ ~ 2.0 ~TH~CENE 2.0 ~ .26 ~. 2,0 ~ .~ ~. 7 ~A ~ 2.0 8ENZIDINE ~ ~ 6.6 ]~. BENZO(A)AN~CENE 2.0 ~ .26 ]~, 2.0 ~ .~ ]~ 7 ~A ~ 2.0 FACILITY NAME AND PERMIT NUMBER: Fo~m Porl: Angeles WWTP WA002397-3 001 (Compiele once for each ouffall clischarglng effluent Io wa~ets of the Uhitad States.) I, Outfal~ 3,4BENZO~FLUORANTHENE 2.0 ug/L .26 Ihs. 2.0 ug/L .05 1ES. 7 5PA 624&625 2.0 BENZO(GHI)PERYLENE 4.0 u:3/L 0.5 lbs. 4.0 u:3/L .09 lbs. 7 5L~A 624&625 4.0 .~NZO(K)F[UOP..~T.~"~ 2.0 ug/L .26 lbS. 2.0 ug/L .05 lks. 7 ~ 624&625 2.0 .,S(~C.~O~O~T.OXY)'~E~"^"~ 2.0 ug/L .26 lbs. 2.0 U:3/L .05 lbs. 7 ]~A624&625 2.0 BI$(2~HLOROETHYL)'ETHER 2.0 U:[/L .26 ]kS. 2.0 U~,/L .05 LiS. 7 ~PA 624&625 2.0 ~TH£R 2.0 U:3/L .26 lbs. 2.0 u:3/L .05 lbs. 7 ~ 624&625 2.0 .,s (2-E'r.Y~HEX¥C) pH'rH^L~ 12 U:3/L .55 Ihs. 7.0 ug/L .23 lbs. 7 ]~PA 624&625 2.0 2.0 u:3/L .26 lbs. 2.0 u:3/L .05 lbs. 7 I~PA 624&625 2.0 eU~Y~S~.ZY~PHTH~L^TE 2.0 ug/L .26 i~S. 2.0 U:3/L .(]6 lks. 7 ]~PA 624&625 2.0 2-CH[ORON^PHT~^C~E 2.0 UcJ/L .26 lbs. 2.0 u~/L .05 lbs. 7 ]EPA 624&625 2.0 ~-CH[ORP.ENYLPHE.YCETHER 2.0 ug/L .26 ]kS. 2.0 u~/L .05 lks. 7 ~ 624&6Z5 2.0 CHRYSE~E 2.0 LI~/L .26 lbS. 2.0 u~/L .05 lbs. 7 ~ 624&625 2.0 O,...~U'n'L.H'r.~',L~TE 2.0 ug/L .26 lbs. 2.0 ug/L .05 lb~. 7 ~A 624&62.5 2.0 D~..~C~LPHTHA~TE 2.0 L13j/L .26 lbs. 2.0 u~/L .05 lh~ 7 ~qA 624&625 2.0 O,.ENZO(kH)A~TH~CE"E 4.0 L~/L 0.5 lbs. 4.0 uc~L .09 11-~ 7 ~PA 624&625 4.0 %2-~CH~OROSENZE'E 2.0 L~ .26 lbs. 2.0 u:~/L .05 lt'~. 7 EPA 624&625 2.0 ~3-D,C~LORO~E~ZE"E 2.0 ucj/L .26 ]1:~. 2.0 ~ .05 ~h~. 7 ~ 624&625 2.0 ~,~*D~CHLO~OeENZE"£ 2.0 U:J/L .26 lis. 2.0 1.t21/L .(36 lh~. 7 ~PA 6~.4&625 2.0 3,3-O~CH[OROSENZ,DINE 3.0 ~ 0.4 lbs. 3.0 u~j./L .07 ]b~. 7 5~A 624&625 3.0 D,£THY[PHT.~U.~TE 2.0 Llc3/L .26 lbs. 2.0 U:3/L .05 lh~. 7 ]~PA 624&625 2.0 O,~ETH¥[PHTH~,LATE 2.0 Lz3/L .26 ItS. 2.0 U:3/L .0~ lh~. 7 5PA624&625 2.0 2,~-~,.,mO,OCUE~E 5.0 L[3/L .66 ]kS. 5.0 u~/L .12 lt-~. 7 ~ 624~52.5 5.0 Z.~-O,.,~RO,O~U~.~ 5.0 Lz3/L .66 lbs. 5.0 U:3/L .12 lt'~. 7 ~PA 624&625 5.0 EPA Form 3§10-2A (Rev. 1-99). Replaces EPA forms 755~6 & 7550-22. Page 13 of 21 FACILITY NAME AND PERMIT NUMBER: Fo,'mApprove~ 1114199 ?orr Angeles WWT? WA002397-3 Outfall numbel': 00 1 (Complele ot~c~ for each outfell discharging efltuent to wate~ of the United Steles.) ~CUO~.~H~.~ 2.0 u~/L .26 ]kS. 2.0 u~/L .05 iI::S. 7 ]~PA 624&625 2.0 ~cuo.e.~ 2.0 ug/L .26 .]kS. 2.0 u:j/L .05 lis. 7 H~ 624&625 2.0 ,~X~C.~OROS~.ZE.£ 2.0 u~/L .26 lbs. 2.0 %z3/L .05 lbS. 7 ~PA 624&625 2.0 .~X~C.~OROSU~^O,~.~ 2.0 L~gL .26 lbs. 2.0 U~ .05 ]kS. 7 ~PA 624&625 2.0 ,EX~C.~O,OC,C~O- 5.0 U~ .66 ]kS. 5.0 u~L ./2 lbs. 7 ~PA624&625 5.0 .EX~C.~ORO~t.^nE 2.0 ~L .26 lks 2.0 u3/L .05 lbs. 7 ~l~A624&625 2.0 ,.o~.o~,.=,~-co~.~.~.~ 4.0 ~L 0.5 ]kS. 4.0 ug/L .09 lbs. 7 ~PA 624&625 4.0 ,soPHo~on[ 2.0 Uc3/L .26 i~S. 2.0 u~/L .05 lbs. 7 5PA 6~4&625 2.0 NAPHTHALENE 2.0 u2/L .26 lbs. 2.0 u2/L .05 /ks. 7 fPA 624&625 2.0 .,T.O,~.ZE.~ 2.0 u2/L .26 its. 2.0 ug/L .05 liS. 7 ~A 624~o25 2.0 .-.,~OSOO,-.-.~O.~,.E 2.0 ug/L. .26 ihS. 2.0 ~fi/L .05 ]tS. 7 ~PA 624&625 2.0 N.N~T~O$OOI- METHYLAMINE 5°0 u~/L °66 ~]2~o'5,0 L~j/L ,/2 ]~o 7 ~)A 624~o25 5,0 ..,,mOSOD,-..E.~,.~ 2.0 u~fi/L].26 lbs. 2.0 ~g/L .05 ]ks. 7 EPA624~625 2.0 PHENANTH~ENE 2.0 u~L ,26 1~, 2°0 ~L °05 1~, 7 ~DA ~24~o25 2,0 PYRENE 2.0 U:3/L .26 lbS. 2.0 ~g/L .05 lbs. 7 ~PA 624&625 2.0 ,.2.~-~mC.~OROS~.Z~.E 2.0 U:3/L .26 ]ke. 2.0 x3/L .05 Ihs. 7 ~PA624&625 2.0 I I I I I I I I I I EPA Form 3510-2A (Rev. 1-99). Replaces EPA forms 7550-6 & 7550-22. Page 14 of 21 Port Angeles WWTP WA002397-3 SUPPLEMENTAL APPLICATION INFORMATION PART E. TOXICITY TESTING DATA ~*., o.~b~.3075 T.s, .umbe. __3016_ r~, .umbe, 3077 C. dubia 'P. ~1~ C. d~ia T es, soec,.s a ,esm .~e'r .~ n.,mb~, ~A/600/4-90/1027F EPA/600/4-90/1027F o..,..u~., 001 001 001 o~,~ ,~ ~,,~,~ 10/30/00 10/30/00 10/30/00 O~,e ,~, s,~ 10/31/00 10/31/00 10/31/00 D~a,,o~ __ 48 ho~s 96 ho~s 7 Ed,,~. ,,u~ ~.o ~e~, ,,' ~,,,~,,,¢,, ~A/600/4-90/027F EPA/600/4-90/027F ~A/600/4-91/002 FACILITY NAME ANO PERMIT NUMBER: Port A~geZes ~?P ~A002397-3 ~es~ ,u~.3075 ~,s~ ~ 3076 ~s~ ~. 3077 At f~ effl~nt I At f~ effl~nt At f~al effl~t s~l,w~: s~l~g $~tion~ $~1~ station s~l~o stati~ C~ to~ X ~ ~ X X s~a~c X X Nat~ ~ately ~ Nat~al ~ 0~, 6.25~, 12.5~ ~..~g:-?..~: .. ,. ~ 25~, 50~, 100~ 25~, 50~, 100~ 25~, 50~, 100~ ~m ~>:~,~m g;~'''~' ~ .......... ~?.,~ ~ ~' ~..~.....~?..........~ ~ ~ets ~ts ~ts Tem~,a~m ~ets ~ ~ts ~ts ~ts ~s~ ~ets ~ets ~ets e~nl 100 100 [C~ ~ 100 % ~ 100 % O~er FACILITY NAME AND pERMIT NUMBER: Fo~m AAomw~11114199 Port Angeles WWTP WA002397-3 Chronic: NOEC % % 50 IC25 % % 87.06 C~nt~ percent sunWal % % 100 Olher (desczibe) m. Qua~rty Control/Quality Assurance. Is reference toxicant data available? Yes Yes Yes ac~epm~e bounds? Yes Yes Yes (MM~D~YYY)? 10/26/00 10/10/00 10/24/00 Othe~ (describe) Detesubmitted: 05/11/1995 (MM/DDr,'YY'0 Acute NO~C = 100% final effluent Chronic NOEC = 25% final effluent Acute LOEC ~ 100% final effluent Chronic LO~C = 50% final effluent The LC50 could not be calculated. The IC50 could not be calculated. ........... :~:~:~::~:~:~:~:~:~:~:~ :~,~ :~:~:~:~: :::::::::::::::::::::::::::::::: ~¥~:~:...~...~:~ :~3:~:~;~:~.~::::::~:~:~:~:~:~:~,~ ~%~,~::~:~:.~.~:~:~:~:~ :::::::::::::::::::::::::: ::: ~;:~ ~:~ ~ ......... ::: ~: ~: :~: :.:: · ::: ............. -:..-~...~:~.:~ ~-: :.~-~ *:~.~:, :~ ~,'~ ~ * ~.,,.,.. ~,-~, ~.:~. ,--w,~,.~ ~: .................. ~ .~.~%:~ ~$~'~ EPA Fon"n 3510-2A (Rev, 1-99). RelYaces EPA forms 7550-6 & 7550-22. Page 17 of 21 FACILITY NAME AND PERMII Port Angeles WqSTP WA002397-3 SUPPLEMENTAL APPLICATION INFORMATION PART E. TOXICITY TESTING DATA The City of Port Angeles will continue to test toxicity (chronic a TeslmtormaI~n aCtlt~-~ fc,r 3 more ouarters a~d send the results to Dept. of EcolocP; l[estsDeoesamslr~e,h~dnumbe, P. prc~las Attn: Dav~ Daugherty. Age a, ~,,,a,,~ o~ ,e~, ~ 48 hours Da,e, ,,m~e ~o,ec,ed 10/30/00 Oa,e ,~, ,,~,o 10/31/00 Ou,~,~. 7 days Short term methods for estimating the Manua(ht)e chronic- tn×lo'tv O- effluents E0,,~ .... ~e, ~.o ~e~, o' pob,,~,~o EPA/600/4-41/002 FACILITY NAME AND PERMIT NUMBER: Form Aoproved IH,~99 Port Angeles WWTP WA002397-3 Test n~ 3045 ~m~ ~x~ X [~m~ ~,~ M~ately ~ :~~.~g~...~:~ 0%, 6.25%, 12.5%, ~ ~ts Tem~m~ ~ts ~ ~t S ~s~ ~. ~ets LC~ FACILITY NAME AND PERMIT NUMBER: Fc~m App,~ved 111~19g Port Angeles WWTP WA002397-3 NOEC 10 0 % % ~25 ~ 100 % % Co.~ ~l su~ 10 0 ~ % O~r {~) ~ot~ s~le ~s t~n on 05/07/1996 ~ t~ ~s~ts sent to t~ ~pt. of ~o1~ o~s~mi,,d: 07/28/1995 (~ s~t~ ~ ~y 1996. ~S ~ ~S ~t to ~ l~t~. A~te ~ = 100% fin~ effl~nt C~onic ~ = 100% f~ effl~nt Acute ~ ~100% f~ effl~nt C~onic ~ ~ 100% f~ effl~nt ~ ~50 co~d not ~ c~c~at~. ~ IC50 co~d not ~ ~cu]~t~. EPA Form 3510-ZA (Rev. 1-99). Replaces EPA forms 7550~ & 7550-22. Page 17 of 21 I FACILITY NAME AND PERMET NUMBER: J Form Al~3roveE II14199 ~o~t AngeZes ~?P NA002397-3 SUPPLEMENTA~ ~PE~ICATION INFORMATION ,, PART F. INDU STRI~ USER:DISCHARGES AND RC ~CERC~ WAS~ES GENE~L INFORMATION: X Y~ No SIGNIFICANT INDUSTRIAL USER INFORMATION: Name Po~ ~les L~fill ua~,,~A~ress City of PO~ ~les, 321 E. Fifth St., P.O. ~x 1150 Po~ ~les, ~ 98362 L~fill leac~te s~t~s ~c~s 25,000 ~. P ~nclpal produc~(s)~ N/A ~w material(s) N/A 10,700 g~ ( X ~ntinu~s or ~te~tent) F.7. Pretreatment Standards. Indicale whether the SIU is sub,ecl to the foliowin9: a. Local limits X Yes No EPA Form 3510-ZA (Rev. 1-99) Replaces EPA forms 7550~ & 7550-22. Page 18 of 21 FACILITY NAME AND PERMIT NUMBER: Fc,'m Appmve¢l f114199 [:'o='1: ~-3ge3_es ~ NA002397-3 upsets, interference) at the treatment works in the pasl three years? RCRA HAZARDOUS WASTE RECEIVED BY TRUCK~ RAIL, OR DEDICATED PIPELINE: F.9, RCRA Waste. Doe~ lhe/reatrnenl wo~s receive or has i{ in the pasl Ihree years received RCRA hazardous waste by ttuch, rail. or dedicated pipe? Yes ~..~.No (go to F.1Z) F.10. Waste Transpol/. Method by which RCRA waste is received (check all thai apply): CERCLA (SUPERFUND) WASTEWATER~ RCRA REMEDIATION/CORRECTIVE ACTION WASTEWATER AND OTHER REMEDIAL ACTIVITY WASTE'WATER: __Yes (complete F.13 through F.15.) XNo Il yes, desc~be the treatment (p~ovide information aboul the removal e ff~mency): b Is the discharge (or will the discharge he) continuous o~ intem~ittent? Continuous __Intermittent If inlermitt ertl, describe discharge schedule. EPA Form 3510-ZA (Rev. 1-99). Replaces EPA forms 7550-6 & 7550-22. Page 19 of 21 I FACILITY NAME AND PERMIT NUMBER: ~ Fo~n Appro~e~ I1'~4199 Port Angeles WWTP WA002397-3 System Map. Provide a map indicating the follOW~ng: (may be inCluded with Basic Application Infomlation) a. All Cad discharge points. b Sensitive use areas potenitally affected by CSOs (e.g., beaches, drinking water supplies, shellfish beds. sensitive aquatic ecosyslems, and outstanding natural resource walem). c, Waters that support threatened and endangered species potentially affected by Cads. G.2. System Diagram. Provide a dlagmm, either in the map provided in G 1 or on a separate drawing, of the combined sewer collection system that includes the following information: a Locations of major sewer trdnk lines, both combined and separate sanitary. b. Locations of poirlts where separate sabita~ sewem feed into Ibe combined sewer system. c Locations of id-line and olf-llrle storage structures. d. Locations of fl0w-regulating devices. e. Locations of pump stations. CSO OUTFALLS: G.3. Description of Ouffall. a Outfall rlumber 001.A b. Localio~ Port Angeles 98362 (City o~ town, if applicable} (Zip Co~e) Clallam WA (Co.my) (State) 48°07 ' 20" 123 °27 ' 00" (t.a~tude) (Longitude) C. Distance from shore (if appllcabie) ft. d [Depth below surface (h' applicable) ft. e. Which of the following were monitored during the tas! year for Wis CSO? __Rainfall CSO pollutanl concerltralions X CSO frequency X__CS0 flow votume Raceiving water quality f HOW ~r~y ston~l evetll5 were mooifo~d during the tasl year~ G.4. CSO Events. a. GivethenumberofCSOeve.biin~etasty~r. (99) 16 eve.ta (-X_ actua~ o,__ approx.) b. Give the ave~age duration per CSO event. hours ( actual or -- approx.) EPA Form 3510-2A (Rev. 1-99). Replaces EPA forms 7550-6 & 7550-22. Page 20 of 21 FACILITY NAME AND PERMR' NUMBER; Fo~m ,~epmved II14f99 OMB Number 2040-~086 Port Angeles WWTP WA002397-3 c. Give the average volume perCSO evenL '0. 085 million §allons ( X actual or approx.) d. Give the m;nimum rainfall thai caused a CSO event in the ~asl year. a. Namedrecek%~gwatec Port Anqeles Harbor/Strait of Juan De Fuca EPA Form 3510-ZA (Rev. 1-99). Replaces EPA forms 755(]-6 & 7550-22. Page 21 of 21 FACILITY NAME AND PERMIT NUM~]ER: Fo,'mAl~m~1 II14199 Port Angeles WWTP WA002397-3 CSO OUTFALLS: a. Ou~l~ .um~ 0 0 6 ~ ~t~ PO~ ~[es 98362 48°07 ~ 32.6[" [23 °26 '02. Rain~ll CSO ~llu~l ~otrat~os ~ CSO ~eq~ [6 even~ ~ a~ual ~ ~rox } I FACILITY NAME AND PERMIT NUMBER: ~ From Approval 11~4ig9 Port Angeles WWTP WA002397-3 0.167 ,~,ga~ons( X a~u~o~ ap~ox.) a. Name~4rece~gwatec Po~t .Angeles Harbor/Strait of Juan de Fuca EPA Fo+Tn 3510-ZA (Rev. 1-99}. Repiace~ EPA fom~ 7550-6 & 7550-22. Page 21 of 21 Port Angeles W78TP WA002397-3 G. 1. System Map. Provide a map indicating Ihe lo, Owing; (may be included wiff3 Basic A~p~calFon Information) G.3. Description of Outlall. ~. LO~ti~. Port Anqeles 98362 Clallam WA 48*07 ' 15.63" 123025 ' 52.52" Po~ ~les ~ NA002397-3 ~. N~r~t~ P~ ~les ~/Strait of a~ de ~ EPA Form 3510-2A (Rev. 1-99). RelY, eces EPA forms 7550-6 & 7550-22. Page 21 of 21 Port Angeles WWTP WA002397-3 G. 1. System Map. provide a map indica~ng the fo~ow~g: [may be inCluded with ~asic A~plication Information} a All C~O discharge points. d. Loca Uons 0f f~v-regula~ng devices. .. G.$. DescHpUon of OutlalL a Out~U ,~umbe~ 0(]8 b [~a~ Port ~les 98362 (C~) (Slate) 48°07'15.36" 123025'44.38" 18 e~en~ ~ a~ua~ ~ -- approx ) Port Angeles WWTP WA002397-3 '0.028 m/llim, gallons( X actuator* approx.) a. Nameo~mceivingwatec P~r~ 2~]~.~ H;rbor/Strait of Juan de Fuca b. N~medwa~/~N'~'/s~m~'ys%~m~ Peabody Creek F. PA Fomn/,510-2A (Rev. 1-99). Rep[aces EPA fo~ms 7550-6 & 7550-Z2.. Page 21 of 21 Pod*l: Ancje'les ~P ~002397-3 CSO OUTFALLS: a Ou~ll num~ 0~0 C[~ 48 °07 ' 04. [[" [23 ~24 ~59. ~9" c. Ois~n~ ~ shoe (if applp~b~) ~0 G.4. CSO Events. 29 even~ ~ e~ual or ~ ~.} h~ ( a~ual or ~ox,) FACILITY NAME AND pERMIT NUMBER: Fo~'m ,4,oprO~d II14~99 Port Angeles W%'TP WA002397-3 1,609 minion gallo~l~ ( X a~l ~ apmox.) a. Na~g~t~ Po~ ~geles ~/Strait of J~ de ~ EPA Fon-n 3510-2A (Rev. 1-gg). Reptaces EPA fom~ 7550-6 & 75,50-~.. Page 21 of 21 o .-.mm o ~ _ ~ '~ ~.o. .= E.~-.- ~e o~.-=~ =~--c E~ e  m~ 8 8 ~0 -- ~ E > mo ~ ~ o -- ~o~ ~o~ . o~ ~ ~oeo8 o 2o - o~ ~ · o = o~ ~ ~ -- o~c,- ~m=~m ~c ~ ~ not be the mspohsibfli~y ofth~ City. City ofPort.,/N(,s~=m~'u~'~gendAngelesc's'°' System Map ~ ,,,,,,,, ~ o.s o o.s ~ map is not ~tmded.f~uae as a l,egal..dmcril:~m m~e appmxam~ ~o.~y. ~.olx~m~.¢ Iealur~ a~ .:k 5 t~ o~ acta