HomeMy WebLinkAboutCAG1977-004 - Original - City of Seattle - Transport of Leachate through the City of Kent - 03/24/1977 .
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CITY OF SEATTLE - CITY OF KENT
AGREEMENT FOR TRANSPORT OF LEACHATE
THROUGH THE CITY OF KENT TO METRO'S WEST VALLEY INTERCEPTOR SANITARY SEWER SYSTEM
THIS AGREEMENT dated this 24th day of March , 1977, between the
CITY OF KENT, a municipal corporation of the State of Washington, hereinafter
called "Kent," and the CITY OF SEATTLE, a municipal corporation of the State of
Washington, hereinafter called "Seattle."
WITNESSETH:
WHEREAS, Seattle's Solid Waste Utility has been operating a sanitary land-
fill in Kent on the hillside west of the Green River, between Frager Road and
Military Road, northeasterly of the Kent-Des Moines Road (SR 516) , and
WHEREAS, the operation of said landfill has resulted in the generation of
contaminated runoff waters from the landfill site hereinafter called "leachate,"
and
WHEREAS, said waters presently drain or are deposited into the Green River,
a vital part of the eco-system of Kent and the area known as the Green River
Valley, and
WHEREAS, Seattle has been directed by the State of Washington Department of
Ecology (DOE) to eliminate discharge of leachate into the Green River in a timely
manner, and
WHEREAS, Seattle has agreed with the DOE that the most effective way of
accomplishing the elimination of the discharge of leachate to the Green River
is to construct a facility to collect said leachate at the site of the land-
fill and transport said leachate directly to the Municipality of Metropolitan
Seattle's (METRO) West Valley Interceptor, and
WHEREAS, METRO, under the terms of an existing local agreement with Seattle,
will bill all charges for sewer services and high strength waste discharge dir-
ectly to Seattle, and will hold Seattle responsible for any further pre-treat-
ment necessary to meet Federal and State requirements, and
WHEREAS, it will be necessary for Seattle to construct a leachate sewer
line from the landfill site to the METRO West Valley Interceptor, said construc-
tion to occur within Kent's corporate limits and street rights-of-way, and
WHEREAS, Seattle's Solid Waste Utility or its successor shall be responsible
for continued maintenance of said leachate collection and transport facilities
for so long as the leachate sewer line remains in operation, and
WHEREAS, the planning for said leachate facilities requires continued
cooperation between Seattle and Kent in terms of compiling engineering data,
feasibility studies, environmental impact assessments, public hearings, shore-
line management permits, river crossing permits, and construction permits for the
construction, operation and maintenance of the leachate sewer facilities, and
WHEREAS, under the terms of an existing agreement between METRO and Kent,
direct discharge to the METRO System must meet Kent's approval and be so
documented;
NOW THEREFORE, in consideration of the mutual benefits to be derived from
development of the project, and in consideration of the terms, conditions,
covenants and performances contained herein, Seattle and Kent agree as follows:
Section 1 . General Provisions
a) Kent hereby approves Seattle's proposal to collect leachate flowing
from the sanitary landfill and to transport the leachate through a
leachate sewer line from the landfill site to the Municipality of
Metropolitan Seattle (METRO) West Valley Interceptor located at
South 228th Street and the West Valley Road.
b) Kent hereby authorizes Seattle to construct, operate, maintain, re-
pair and replace said leachate sewer line and required appurtenant
facilities within the rights of way of Frager Road, Russell Road,
Taylor Road and South 228th Street, all within the corporate limits
of Kent, subject to the terms and conditions set forth herein.
c) Seattle will prepare all plans, specifications and estimates; acquire
all necessary rights of way; obtain all permits required by law; pre-
pare funding applications to the State of Washington Department of
Ecology (DOE), and the United States Environmental Protection Agency
(EPA) , in accordance with EPA/DOE Grant requirements; and obtain all
necessary approvals from METRO.
Section 2. Construction of Leachate Sewer Line. Seattle agrees that it
will design the facilities and will administer and inspect the construction of
the leachate facilities generally described in Exhibit A attached hereto.
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The engineering plans and specifications for such facilities shall be approved
by Kent in writing prior to their submittal to DOE. The contract for construc-
tion of such facilities shall be let by Seattle and the inspection of construc-
tion shall be performed by Seattle. Seattle will pay all construction, right of
way and engineering costs.
Kent will review said plans and specifications in a timely manner so as to
enable construction of the leachate sewer line in accordance with Order Docket
No. DE 76-199 from the DOE, attached hereto as Exhibit C.
Prior to commencing any construction work Seattle shall obtain all necessary
permits from Kent and other agencies having jurisdiction and shall comply with
the terms and conditions of those permits, Kent shall have the right to inspect
and regulate the construction and shall keep a record of the permit and the
work done thereunder, Seattle shall pay to Kent such amounts as are reasonably
necessary to investigate and process any application for construction work, to
inspect such work, and to plat such locations on the permanent records of Kent.
Upon completion of construction, Seattle shall supply Kent with complete "As-
Built" drawings of the leachate sewer line.
Section 3. Connection to METRO Sewerage System. Upon completion of con-
struction of the leachate sewer line shown on Exhibit B, Seattle shall connect
same to the METRO Interceptor at the connection point designated on Exhibit B.
Such connection shall be accomplished at the expense of Seattle and in accordance
with the rules and regulations of METRO.
Kent and Seattle agree that the facilities described on Exhibit A and Exhibit
B shall be completed, connected and ready for operation by January 31 , 1978, pro-
vided that such date may be extended by any time consumed in excess of two months
in obtaining necessary approvals by the Environmental Protection Agency, the
Department of Ecology, the City of Kent, or other governmental agencies, or by
any time consumed hereafter by acts of God, strikes, material shortages beyond
the control of Seattle, its contractors, or in litigation or in legal procedure
required as the result of litigation, which actually delays the authorization
or construction of said facilities, or in litigation required to acquire the
right of way therefor.
Section 4. Operation, Maintenance, Use of Leachate Facilities. Immediately
upon connection to the METRO Interceptor, Seattle shall have the sole duty and
obligation to operate, maintain, repair and replace the leachate sewer facilities
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and shall have the exclusive right to use said leachate sewer line for the trans-
portation of leachate collected from Seattle's landfill site. Maintenance shall
be understood to include inspection, cleaning and repair. Seattle shall exercise
reasonable care, diligence and judgment in performing the work and shall in
particular undertake preventative maintenance precautions wherever practicable.
Seattle shall give Kent 24-hour prior notice of intent to perform any mainte-
nance, repair, improvement or replacement work on the leachate sewer line or
required appurtenant facilities located in Kent street rights of way, except that
in emergency conditions Seattle shall take immediate appropriate action, and
notice of action taken shall be given to Kent as soon as practicable consider-
ing the seriousness of the emergency.
The terms and conditions of the use and occupancy of the rights of way of
Frager Road, Russell Road, Taylor Road and South 228th Street in the City of
Kent by Seattle under authority of this agreement shall be as follows:
1 . Seattle shall have the right to enter upon and occupy said street
rights of way for the purposes of constructing, maintaining, im-
proving, repairing and reconstructing the leachate sewer line or
appurtenant facilities and for placing any temporary leachate
detour sewer line that may be required during maintenance, repair
or reconstruction work, provided that:
a) Seattle shall give Kent prior notification of the intent to
use said streets, except in emergency conditions as provided
for elsewhere in this agreement;
b) Seattle shall first obtain all permits as may be required for
any construction or reconstruction work; except in emergency
conditions when Seattle shall take immediate appropriate
action and obtain the necessary permits therefor as soon as
practicable considering the seriousness of the emergency;
c) Seattle shall , to the extent possible, keep said streets open
to vehicular and pedestrian travel , access, ingress and egress;
d) Seattle shall provide all necessary detours, flagmen, temporary
traffic controls and other devices for pedestrian and vehicular
safety in accordance with the U. S. Department of Transportation
Manual on Uniform Traffic Control Devices for Streets and
Highways, pursuant to Title 23, United States Code, and
e) Seattle shall restore said street rights of way to at least
their condition at the time of any of the construction or other
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activities contemplated in this section.
2. Kent shall notify Seattle of any construction work to be performed
or authorized by kent in said street rights of way.
3. Any new street or utility improvement performed or authorized by
Kent in said street rights of way shall be designed, located and
constructed so as to minimize, to the greatest extent possible, any
need to relocate or otherwise disrupt the operation of any part of
the leachate sewer facility. If at any time during the term of this
agreement it becomes necessary to relocate the leachate sewer line,
Seattle or its agent shall perform all relocation work. If the
relocation work is required to accommodate a street, sanitary sewer,
water, or storm drainage improvement, all costs directly associated
with said relocation shall be borne by Seattle. If relocation of
the leachate sewer facility is required to accommodate construction
of any other utility facility or improvement all costs directly
associated with the leachate sewer relocation work shall be borne by
the utility, agency, company or party creating the need for relocation.
Section 5. Fees, Service Charges and Costs. Seattle shall be responsible
for the delivery to the Metropolitan Sewerage System of leachate collected from
the landfill site, for the construction, maintenance and operation of the
leachate collection, required pretreatment and transport facilities, and for the
payment of all costs incidental to the collection of such leachate and its trans-
port to the Metropolitan Sewerage System, except as provided in Section 10,
herein.
All connection charges, user fees and/or service charges as required
by METRO shall be paid by Seattle directly to METRO and Kent shall not impose
any additional user fees or service charges of any kind on Seattle for the trans-
port of leachate to the METRO Interceptor line.
This liability and responsibility for the payment of all METRO charges by
Seattle shall continue until such time as the line is abandoned or transferred
pursuant to Section 9, herein, and shall remain an obligation of Seattle regard-
less of whether or not Seattle has ceased landfill operations on the site.
Section 6. Successors and Assigns. This agreement and each and all of
the terms, conditions, provisions and covenants hereof shall be binding upon
the parties hereto and upon their respective successors and assigns, except
that Seattle shall not have the right to assign this Agreement or any of its
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rights and obligations hereunder by voluntary agreement without the written
consent of Kent and neither party may terminate its obligations hereunder by
dissolution or otherwise without first securing the written consent of the other
party. This agreement shall be binding upon and inure to the benefit of the
respective successors and assigns of the parties hereto.
In the event that the responsibilities and obligations of Seattle's
Solid Waste Utility for operating the Kent-Highlands landfill and the leachate
collection and transport facilities are assumed by or transferred to another
entity pursuant to law, then all responsibilities, obligations, privileges,
liabilities and authorities as contained herein shall be assigned to that
entity without the approval of Kent,
Section 7. Use of Sewer Line for Conveyance of Leachate. This agreement
does not authorize use of said leachate sewer line for any purpose other than
conveying leachate from the landfill to the METRO trunk. Seattle shall not
use said leachate sewer line to accept and/or transport sewage or waste from
any person, firm, private corporation, water district or sewer district with-
out amendment to this agreement and the written consent of METRO.
Section 8. Street Vacation. If, during the term of this agreement, Kent
determines to vacate any portion of the rights of way of Frager Road, Russell
Road, Taylor Road and/or South 228th Street, which are covered by this agreement,
Kent shall , prior to the legal vacation of the right of way, provide Seattle
with easements conveying a 20-foot wide right of way for the purpose of
operating, maintaining, repairing and reconstructing the leachate sewer
facilities.
Section 9. Abandonment or Transfer. At such future time as the leachate
flow from the sanitary landfill becomes of such quality that it no longer
represents a pollution problem according to Federal and State water quality
standards, Seattle, upon approval from the appropriate water quality control
agency and METRO, may cease collection of the leachate flow, and subject to such
approvals, shall have the right to abandon, transfer or otherwise dispose of the
leachate sewer line and appurtenant facilities, except, that Seattle shall not
transfer ownership or convey any legal interest to said leachate line to any
person, firm, corporation or utility without written consent from Kent and METRO.
Seattle agrees to provide Kent with at least six months' advance notice of
any intention to abandon, transfer or otherwise dispose of the said leachate
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sewer line, with the City of Kent having right of first refusal for purchase of
said leachate sewer line.
Section 10. Indemnity. Kent shall indemnify and hold harmless Seattle
from and against all claims, costs, demands, expense and liability for any
injury or death or for any damage, loss or destruction of property, resulting
from any damage to, or disruption of the leachate sewer facilities caused by
the negligence of any employee or agent of Kent, and except as provided for in
Section 4 (3) of this Agreement.
Seattle shall indemnify and hold harmless Kent from and against all
claims, costs, demands, expense and liability which may result directly from
construction, repair, maintenance or operation of the leachate sewer facility.
Seattle shall indemnify and hold harmless Kent from any liability or
responsibility for non-compliance with Federal , State and METRO regulations
and standards for quality of the discharge from said leachate sewer line.
Seattle shall comply with all laws and lawful regulations of Federal
and State authorities regarding the collection, transport, discharge and treat-
ment of leachate from the sanitary landfill site, including applicable regula-
tions of METRO. Following construction of the leachate facilities, Seattle
shall indemnify and hold harmless Kent against and from all fines and penalties,
liability, loss, damage, claims, costs and expenses which may arise out of any
failure by Seattle to comply with said laws and lawful regulations.
Section 11 . Waiver. No waiver by either party of any term or condition
of this agreement shall be deemed or construed as a waiver of any other term or
condition, nor shall a waiver of any breach be deemed to constitute a waiver
of any subsequent breach whether of the same or a different provision of this
agreement.
Section 12. Entirety. This agreement merges and supersedes all prior
negotiations, representations and agreements between the parties hereto relating
to the subject matter hereof and constitutes the entire contract between the
parties. This agreement shall remain in full force and effect until Seattle
has abandoned, transferred, assigned or otherwise disposed of said leachate sewer
line as provided for herein.
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IN WITNESS WHEREOF, the parties hereto have executed this agreement as of
the day and year first above written.
CITY OF KENT
Mayor
ATTEST:
-= CITY OF SEATTLE
By
Mayor
ATTEST:
City Comptroller
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DEPARTMENf OF ECOLOGY
Ill THE I tAl TER OF CO.LPL IAHCE BY )
CITY OF SLAfTLE EPGIJECRING DEPT. )
(VU!T-HIG U,HDS LAdDFILL) } ORDER
with Chapter 90.48 ROU and the ) Docket No. DE 76-199
Rules and Regulations of the )
Department of Ecology )
To: City of Seattle Engineering Department
Seattle Municipal Building
Seattle, UaShington 90104
By Notice of Violation, dated May 7, 1976, this department notified
the City of Seattle Lngineering Department of their failure to comply with
Condition S3.2 of KPDLS ;Taste Discharge Permit No. WA-002976-9.
A response to the Notice of Violation was received on June 9, 1976,
and the content thereof was considered in the formulai.ion of this Order.
In view of the foregoing and in accordance with the provisions of RCU
90.48. 120.
IT IS OR00 0 THAT the City of Seattle shall , upon receipt of this Order,
take appropriate action in accordance with the following instructions:
Comply with Conditions S3.2 and S3.3 of NPDES Waste Discharge Pertant No.
WA-002976-9 as modified herein.
Condition S3.2 of the permit is amended to read as follows:
"Submit plans and specifications for Part 1 , suitable for bidding,
and amended application to proceed from Step II to Step III for
waste water construction grant program not later than March 26, 19771
Condition S3.3 of the permit is amended to read as follows.
"Complete construction of Part 2 within 160 working days from the
date of the Step III grant offer. "
This Order is issued under the provisions of RCU 90.42.120. Any per-
son feeling aggrieved by the same may obtain review thereof by appincavion,
within thirty (30) days of receipt of this Order, to the Uashinnton Pollu-
tion Control Hearings board under the provisions of Chapter 43.21D RCU, and
the rules and regulations adopted thereunder.
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DATED at Olympia, Washington, this �'ay of August, 1976.
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