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INTERLOCAL AGREEMENT RE WASTEWATER PREREATMENT PROGRAM '\ .. I I INTERLOCAL AGREEMENT BETWEEN THE CITY OF CLEARWATER, FLORIDA AND THE CITY OF SAFETY HARBOR, FLORIDA This Agreement is entered into this ~ day Of~999. between the City of Clearwater, 112 S. Osceola, Clearwater, FL 33756, and the City of Safety Harbor, FL (hereinafter jointly referred to as the 'Parties'). RECITALS WHEREAS, City of Clearwater owns and operates a wastewater treatment system. WHEREAS, City of Safety Harbor currently utilizes this wastewater treatment system. WHEREAS, Facilities located in the City of Safety Harbor currently contribute wastewater which includes industrial waste. These facilities are hereinafter referred to as industrial users. WHEREAS, City of Clearwater must implement and enforce a pretreatment program to control discharges from all industrial users of its wastewater treatment system pursuant to requirements set out in 40 CFR Part 403 and Florida Administrative Code 62-625 (Pretreatment). In this Agreement City of Safety Harbor agrees to adopt a sewer use ordinance that subjects the industrial users within its boundaries to the necessary pretreatment controls, and to implement and enforce that sewer use ordinance. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows: 1.A City of Safety Harbor will adopt and in good faith enforce a sewer use ordinance which is no less stringent and is as broad in scope as the sewer use ordinance in effect in the City of Clearwater. The City of Safety Harbor will adopt its sewer use ordinance within 90 days of receiving approval from City of Clearwater of its content. B. Whenever City of Clearwater revises its sewer use ordinance, it will forward a copy of the revisions to City of Safety Harbor. The City of Safety Harbor will adopt revisions to its sewer use ordinance that are at least as stringent as those adopted by City of Clearwater. The City of Safety Harbor will forward to City of Clearwater for review its proposed revisions within 60 days of receipt of the City of Clearwater's revisions. City of Safety Harbor will adopt its revisions within 90 days of receiving approval from City of Clearwater of its content. C. The City of Safety Harbor will adopt and in good faith enforce pollutant specific local limits which address at least the same pollutant parameters and are at least as stringent as the local limits enacted by City of Clearwater within 90 days of this Agreement. If City of Clearwater makes any revisions or additions to its local limits, it will forward to City of Safety Harbor a copy of such revisions C(7 c., (/ : . .! _. '-..-/ / --:' i <' / ~- (.,; .' i . ,;,/ I , ,-- ./ r/i' ". ,. I I or additions within 30 days of enactment thereof. City of Safety Harbor will adopt any such revisions or additions within 90 days of receipt thereof. 2A The City of Safety Harbor will take all actions necessary to ensure that industrial users within its boundaries are subject to an approved pretreatment program to the extent required by 40 CFR 403.8, and FAC 62-625, including the performance of all technical and administrative duties necessary to implement and enforce its sewer use ordinance against industrial users located in its jurisdiction. The City of Safety Harbor will: (1) update the industrial waste survey annually; (2) issue permits to all industrial users required to obtain a permit; (3) conduct inspections, sampling, and analysis; (4) perform enforcement activities; and (5) perform any other technical or administrative duties the Parties deem appropriate. In addition, the City of Safety Harbor will take emergency action to stop or prevent any known or discovered discharge which presents or may present an imminent danger to the health or welfare of humans, which reasonably appears to threaten the environment, or which may cause damage to the collection system and violation of Clearwater "National I Pollutant Discharge Elimination System" operating permits, or which threatens to cause interference, pass through, or sludge contamination. B. The City of Safety Harbor will maintain current information on industrial users located in its jurisdiction. The City of Safety Harbor will update the industrial waste survey annually on July 1 for industrial users located in its jurisdiction. The City of Safety Harbor will forward a copy of this survey to City of Clearwater. C. Whenever a new industrial user begins operations in City of Safety Harbor, or any time an existing industrial user increases its discharge by 20% or changes its discharge, the City of Safety Harbor will require that such industrial user respond to an industrial user questionnaire supplied by City of Clearwater. The City of Safety Harbor will forward a copy of the completed questionnaire to City of Clearwater for review, within 10 working days of the City of Safety Harbor receiving the questionnaire. D. City of Safety Harbor will provide City of Clearwater access to all records or documents in accordance with Chapter 119. Florida Statutes, relevant to the pretreatment program for any industrial user located in City of Safety Harbor or discharging through City of Safety Harbor to City of Clearwater. E. The City of Safety Harbor will inspect, sample, and analyze the wastewater discharge(s) of all permitted industrial uses located in its jurisdiction each year. The City of Safety Harbor will submit written notice of scheduled inspections to City of Clearwater, providing the opportunity for City of Clearwater to attend all inspections. If an inspection is in response to an emergency situation and such notice is not possible, the City of Safety Harbor will make every effort to informally notify City of Clearwater of the impending inspection so City of Clearwater may attend. The City of Safety Harbor will forward copies of all inspection reports to City of Clearwater within 30 days of the inspection. The City of Safety Harbor will submit to City of Clearwater its procedures for sampling and analyses, including all procedures in place for quality assurance ... 1. ., '~ ~" I I and quality control. All procedures will conform to those set out in 40 CFR Part 136, except as otherwise required by the U.S. Environmental Protection Agency. F. City of Clearwater may, with 10 days written notice to the City of Safety Harbor, conduct inspections and sampling at any industrial user's facility located within the City of Safety Harbor, as it deems necessary. G. The City of Safety Harbor will issue permits to all industrial users required to be permitted under its sewer use ordinance located in its jurisdiction. Such Permits must be issued prior to any discharge. Permits must contain, at a minimum, appropriate effluent limitations, monitoring and reporting requirements, a statement of duration, a statement of nontransferability, a statement of applicable civil and criminal penalties, and any other conditions requested to be included in the permit by City of Clearwater. After the City of Safety Harbor drafts a permit, the City of Safety Harbor will forward a copy thereof to City of Clearwater for review and comment at least 60 days prior to the expected date of issuance. Within 60 days of receipt of the proposed permit, City of Clearwater will either approve the permit or request the City of Safety Harbor to make additions, deletions, or changes. H. The City of Safety Harbor will submit a monthly report to City of Clearwater on the compliance status of each significant industrial user and any enforcement response taken or anticipated. Such report will include the time frames for initial enforcement actions, as well as any subsequent enforcement actions. I. The City of Safety Harbor will enforce the provisions of its sewer use ordinance and permits. In the event the City of Safety Harbor fails to take adequate enforcement action against noncompliant users in the City of Safety Harbor within 10 working days, or as determined by the pretreatment coordinator, the City of Clearwater may take such action on behalf of and as agent for the City of Safety Harbor. The City of Safety Harbor agrees to reimburse the City of Clearwater for all expenses associated with such enforcement. 3. City of Clearwater may take emergency action, whenever it deems necessary, to stop or prevent any discharge which presents, or may present, an imminent danger to the health of welfare of humans, which reasonably appears to threaten the environment, or which threatens to cause interference, pass through, or sludge contamination. City of Clearwater will provide informal advance notice to the industrial user and the City of Safety Harbor of its intent to take emergency action prior to taking action. The City of Clearwater pretreatment coordinator may take such steps as deemed necessary, including immediate severance of the sewer connection at the suspected source, and/or water to prevent or minimize damage to the Publicly Owner Treatment Works, its receiving stream, or endangerment to any individuals 4. Before an industrial user located outside the jurisdictional boundaries of the City of Safety Harbor discharges into City of Safety Harbor's sewer system, the :::.,,~ " / ' ~., . I I :'-.I! City of Safety Harbor and City of Clearwater will enter into an agreement with the jurisdiction in which such industrial user is located. Such agreement shall be substantially equivalent to this Agreement and must be fully secured prior to a discharge from any industrial user in the outside jurisdiction. 5. The obligation of the City of Safety Harbor to indemnify the City of Clearwater under this Agreement is limited to the same extent the City of Safety Harbor would otherwise be obligated directly to third persons under existing law or to the extent provided under 768.28, Florida Statutes, whichever is less. This section shall not be construed as waiving any defense or limitation which the City of Safety Harbor may have against any claim or cause of action by any person no a party to this Agreement. 6A If any term of this Agreement is held to be invalid in any judicial action, the remaining terms of this Agreement will be unaffected. 6A If any term of this Agreement is held to be invalid in any judicial action, the remaining terms pf this Agreement will be unaffected. B. The Parties will review and revise this Agreement to ensure compliance with the Federal Clean Water Act (42 U.S.C. 91251 et sea.) and the rules and regulations (40 CFR Part 403) and compliance with Code 62-625 issued thereunder, as necessary, but at least every three (3) years on a date to be determined by the Parties. Countersigned: CITY F CLEARWATER, FLORIDA Lf~~ Brian J. AuA'"gst Mayor-Commissioner By: Michael J. Roberto City Manager Approved as to form: ~ 0 ohn Carassas Assistant City Attorney Attest: --'" ~.... CITY OF SAFETY HARBOR, FLORIDA City Clerk Boni Haynes s:/agreementlsafety harbor waste water agreement Don. Fletcher steve Wylie , I I Oily oj cSajely J{arbor !Jlorida \et~ Harbor, p 'S'i\. /0 '1>' ~~~;. ..:\ ... ~ u:.....~.>!;:,\ -c. ~. . .-.- ~,,, ,~ ~ ~""""'''''',\",';.. o 27~"r: '<f(\.-~......~ r,. ~J' /11 -"lV",.., " [l.\:. r: 0/ /-lir '-.-/\'{i V\Cll. HOME OF ESPIRITU SANTO MINERAL SPRINGS 750 Main Street + Safety Harbor, Florida 34695 :j: (727) 724-1555 FAX 724-1566 rt(" r= ~;=~ U " l=L=JI November 3, 1999 NOV 0 5 1999 ce,. '1\.. 'E- u, I ~ ~"",' ~ u. ':'l ,- ~ John Carassas City of Clearwater P.O. Box 4748 Clearwater, FL 33758-4748 Dear Mr. Carassas: Enclosed please find one originallnterlocal Agreement between the City of Clearwater and the City of Safety Harbor regarding the wastewater pretreatment program. One original has been retained for the City's files. If you have any questions, give me a call. Sincerely, ~ Bonnie Haynes, CMC/AAE City Clerk Ibh Enc.