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HomeMy WebLinkAbout94-33ORDINANCE N0. 94-33 ADOPTING THE TOWN OF PULASKI PRETREATMENT PROGRAM RULES & REGULATIONS PFRWWTA AND USER AGREEMENT DATED June 6, 1994 Adopted: Nov. 1, 1994 Effective: Nov, 1, 1994 L 287 .„ ! • ORDINANCE 94-33 ADOPTING THE TOWN OF PULASKI PRETREATMENT PROGRAM RULES AND REGULATIONS PEPPER'S FERRY REGIONAL WASTEWATER TREATMENT AUTHORITY AND USER AGREEMENT DATED JUNE 6, 1994 BE IT ORDAINED by the Town Council of the Town of Pulaski, Virginia, sitting in regular session on November 1, 1994, that the Town of Pulaski Pretreatment Program, consisting of the Rules and Regulations to be attached hereto be and hereby is adopted. Further that the Mayor be and hereby is authorized to sign the Pepper's Ferry Regional Wastewater Treatment Authority User Agreement dated June 6/6/94 to be attached hereto. THIS ORDINANCE is effective upon adoption, and is adopted this 1st day of November by the recorded vote of the Town Council of the Town of Pulaski, Virginia, as follows: John A. Johnston - AYe Roy H. D'Ardenne, Jr. - Aye John W. Stone - Aye W. Edgar Hale - Aye Bettye H. Steger - Aye Alma H. Holston - Aye W. H. Schrader, J r. - AYe E. G. Black, Jr. - Aye TOWN OF PULASKI, VIRGINIA By: Andrew L. Graham, Jr., ayor Attest: ~- _ C1 rk of Council r .Z.. ~ 8~ ~~ RULES AND REGULATIONS Adopted by Town Council 11/1/94 PEPPER'S FERRY REGIONAL WASTEWATER TREATMENT AUTHORITY • JULY 10, 1986 REVISED JULY 25, 1986 REVISED DECEMBER 17, 1992 REVISED JULY 30, 1993 REVISED NOVEMBER 2, 1993 MOST RECENT PRINTING JUNE 30, 1994 • E~_~-= ~y ~CEtV F~~~ j ~1p,G~Ft,S p~FIC~ TO . ~• , ; ~~- PEPPER'S FERRY REGIONAL WASTEWATER TREATMENT AUTHORITY USER AGREEMENT • March 4, 1981 Amended June 26, 1986 Amended December 17, 1992 Revised July 30, 1993 Most recent printing 6/6/94 ~i~~~ _ - • USER AGREEMENT Section Title and summary Page Article I 1.1 Definitions ............... .....................3 1.2 Abbreviations ....................................5 1.3 Representations and warranties ...................5 -.jurisdictions warrant authority to enter into Agreement Article Ii 2.1 -- collection Facilities Generally ..................6 -defines regional system 2.2 Excessive Infiltration/Inflow ....................6 -determination of initial I/I design 2.3 Operation of Collection Facilities ...............6 -participants agreement to control waste characteristics Article III 3.1 Initial Allocation of Capacity ...................9 -assignment of initial capacity to participants 3.2 Reallocation of Capacity .........................9 -participants right to reassign 3.3 Observance of Allocated Capacity .................9 -service rights limited 95$ of allocated capacity i C 3.4 Enlargement of Regional Facility .................10 -participants right for additional capacity Article IV 4.1 Delivery, Accebtance and Treatment of Wastewater .......................................11 -participants responsibility to deliver -Peppers Ferry•s responsibility to treat 4.2 operation of Regional Facility ...................ll -Peppers Ferry•s responsibility to operate regional facility 4.3 Rules and Regulations ............................11 -authorization to develop Rules and Regulations Article V 5.1 Charges in General ...............................12 • -authorization to set rates to cover cost 5.2 user charge ......................................12 -rate formula Table V-1: Member__Flow Allocations ..............13A 5.3 Billing and Payment of Monthly User Charges......15 -method of billing, payments 5.4 Payment of Charges ...............................15 -participant to have a fee system 5.5 Meters ...........................................15 -Peppers Ferry maintains meters for billing Article vI 6.1 Matters Subiect to Arbitration ...................17 -matters less than $100,000 shall go to arbitration ii • 6.2 Initiation of Arbitration ........................17 -means of filing 6.3 Selection of Arbitration .........................17 -determination of panel 6.4 Arbitration Procedure and Award ..................17 -panel rules Article vII 7.1 Initial Term .....................................18 -termination date 2011 with provisions 7.2 Continuation of Agreement ........................18 -procedure for termination Article VIII • 8.1 Amendments .......................................19 -limits of amendments 8.2 Books and Records ................................19 -accounting/audit requirements 8.3 Successors and Assigns ...........................19 8.4 Severability .....................................19 8.5 Counterparts .....................................19 iii • USER AGREEMENT THIS AGREEMENT, made and entered into on December 17, 1992 supersedes portions of the agreement of March 4, 1981 and its amendments of June 26, 1986. This agreement is by and between the CITY OF RADFORD, VIRGINIA, the TOWN OF PULASKI, VIRGINIA, and the TOWN OF DUBLIN, VIRGINIA, municipal corporations of the Commonwealth of Virginia; the BOARD of SUPERVISORS OF PULASKI COUNTY, VIRGINIA, and the BOARD OF SUPERVISORS OF MONTGOMERY COUNTY, VIRGINIA, acting for and on behalf of said counties; and PULASRI COUNTY SEWERAGE AUTHORITY, PULASKI COUNTY PUBLIC SERVICE AUTHORITY, MONTGOMERY COUNTY PUBLIC SERVICE AUTHORITY, and PEPPER S FERRY REGIONAL WASTEWATER TREATMENT AUTHORITY (Peppers Ferry RWTA), public bodies politic and corporate duly created pursuant to the Virginia water and sewer Authorities Act. Any provisions of the User Agreement of March 4, 1981 and the amendments therefore dated June 26, 1986 not modified or amended by this agreement, to the extent the same might be applicable, shall remain in full force and effect. W I T N E S S E T H T H A T: - - - - - - - - - - - - - - S WHEREAS, the parties hereto agree that the health and safety of the residents within the Planning Areas, hereinafter defined, requires that the river and streams of the Planning areas be clean and free from obnoxious and toxic domestic, commercial and industrial wastes and the citizens thereof be provided with safe and reliable wastewater treatment; and WHEREAS, the parties hereto are in agreement that the above mentioned needs are best met by a regional wastewater treatment facility to serve the service Areas, hereinafter defined; and WHEREAS, the parties hereto agree that the User Agreement of March 4, 1981 and its amendments of June 27, 1986 contains numerous sections no longer applicable to Peppers Ferry Regional Wastewater Treatment Authority~s administration and could best be updated by totally replacing the previous agreements while acknowledging that any sections not replaced shall remain in place as may be applicable to current administrative actions; and WHEREAS, Pepper's Ferry RWTA has provided a regional wastewater treatment facility with a capacity of 9.0 million gallons per day, such capacity having been determined to be adequate to treat wastewater expected from the service Area for in excess of a 20 year period; and • Page 2, 6/6/94 WHEREAS, the other parties hereto desire that Peppers Ferry RWTA receive their normal domestic and acceptable commercial and industrial wastewater originating in their individual service areas within the service Area and treat such wastewater at the regional facility; and WHEREAS, it is the intention of the parties hereto that the capacity of the regional facility be allocated among the participants, hereinafter defined, for their respective areas within the service Area in a fair and equitable manner consistent with a present and anticipated future needs, and that the widest degree of flexibility in future allocations among the service area be available to the end that such regional facility shall be truly regional in scope and operations and to the mutual benefit of all the parties hereto; and WHEREAS, the parties hereto desire to enter into this Agreement for the purpose of establishing an equitable basis for sharing the cost of construction, operation and maintenance and other programs associated with regional facility and recognize that this Agreement will be used by Pepper s Ferry -itWTA to facilitate current and potential future financing for the regional facility; NOW THEREFORE, for and in consideration of the premises and the mutual • covenants and agreements herein contained, the parties hereto covenant and agree as follows: • Page 3, 6/6/94 ARTICLE I Definitions and Warranties section 1.1. Definitions. The following terms as used in this Agreement shall have the following meanings: "Act" shall mean the Virginia Water and Sewer Authorities Act (Chapter 28, Title 15.1, Code of Virginia of 1950, as amended). "Sonde" or "Revenue Bonds" wherever used, shall mean notes, bonds, refunding bonds, bond anticipation notes or other obligations of Pepper's Ferry RWTA issued pursuant to the powers conferred by the Act. "Capacity" shall mean the measurement of wastewater, usually in million gallons per day (MGD) that determines a limitation in the regional facility usage. See initial capacity, expansion capacity, and infiltration and inflow capacity, and pollutant capacity. "Collection Facilities" shall mean any facilities of any participant used or to be used in connection with collecting and the delivering wastewater to Pepper's Ferry RWTA at Points of Delivery, including but not limited to collector and interceptor lines, pump stations and force mains, but shall not include any part of the Regional Facility. "Conventional Pollutants" shall mean pollutants of design for removal by treatment works and that are compatible with the treatment process; e.g., BOD, solids, pH, etc." "cost", when used with respect to the Regional Facility, shall have the meaning specified in section 15.1-1240(m) and (n) of the Act. "EPA" shall mean the United States Environmental Protection Agency or any agency of the United States of America which may succeed to its duties. "Expansion Capacity" shall mean the capacity of the plant at its current design capability, which has a flow capacity of 9 million gallons per day including flow reserve for infiltration and inflow quantities. "Improvements" shall mean such repairs, replacements, additions, extensions, expansions and betterments of and to the Regional Facility as are deemed necessary or appropriate to Pepper's Ferry RWTA to place or extend or maintain the Regional Facility in proper condition and scope for the safe, efficient and economic operation thereof or meet requirements for service or treatment in areas which may be served by Pepper's Ferry RWTA. . Page 4, 6/6/94 "Infiltration/Inflow (I/I) Capacity" shall mean that quantity of flow, based on an average daily quantity, that is reserved for extreme flow associated with the systems collection of groundwater and surface water during wet weather periods. Allocation of this capacity is used as a factor in assigning initial debt payment schedules. "Initial Capacity" shall mean the original plant design capacity which was 6 million gallons per day of wastewater flow including flow reserves for 111 quantities. "Nonconventional Pollutants" shall mean pollutants not designed for removal by the treatment works that may exhibit toxicity or other forms of interference to the treatment works, plants processes, effluent, receiving stream, or sludges. "Participants" shall mean the local public bodies expected to deliver wastewater to the Regional Facility, which are the City of Radford, the Town of Pulaski, the Town of Dublin, Pulaski county Sewerage Authority, Pulaski County -Public Service Authority and Montgomery county Public service Authority. "Pepper's Ferry RWTA" shall mean the Peppers Ferry Regional Wastewater Treatment Authority as created pursuant to the Act. "Points of Delivery" shall mean those points for the delivery of wastewater to Peppers Ferry RWTA as may be agreed upon from time to time by Peppers Ferry RWTA and the one or more participants delivering or proposing to deliver wastewater at any such point. •'Pollutant Capacity^ shall mean the measurement of a pollutant(s) quantity allowed~to be discharged to the regional system. The quantity is usually based on the quantity of wastewater flow and is expressed as an allowable concentration, expressed as milligrams (mg) or micrograms (m) per liter (1) of wastewater. "Regional Facility" shall mean the Pepper's Ferry Regional Wastewater Treatment Facility and all associated facilities and improvements to be constructed by or for Peppers Ferry or owned by it. such facilities shall include but shall not be limited to the Radford pump station, the force main connecting the Radford pump station to the New River pump station, the New River pump station and force main connecting the New River Pump station to the wastewater treatment plant, the wastewater treatment plant, the outfall line from the wastewater treatment plant to the New River and PFRWTA owned and all associated metering, telemetering equipment and sludge disposal equipment. • • Page 7, 6/6/94 Industrial user limits for nonconventional pollutants shall be determined by Peppers Ferry RWTA in accordance with prescribed procedures established in the Rules and Regulations. Section 2.3.3 Pretreatment Program: Peppers Ferry RWTA has implementation and enforcement responsibility of the State and Federal pretreatment program and the participants agree to conduct the local elements of the program through local ordinances that will meet the requirements of PFRWTA Rules and Regulations and Virginia State Water control Board and USEPA. Participants will provide PFRWTA with copies of all documentation pertaining to its pretreatment program and recognizes that PFRWTA has concurrant responsibilities for all action taken under the participants program. Participants and PFRWTA responsibilities for major elements of the program are: ELEMENTS PARTICIPANT PFRWTA A. Maintenance of Program Requirement Ordinance Program Manual & Documentation Rules and Regs. B. Establish Participants Limits Develop • C. Develop local conventional pollutant Develop concur limits D. Develop Industrial users Develop Concur nonconventional pollutant limits and allocations E. Conduct Industrial use survey F. Establish need for permit G. Develop and issues permit H. Monitor permit DMR I. Maintain Permit and keep current J. Identify violations R. Conduct nonemergency enforcement program L. Conduct emergency enforcement program M. Maintain "Right-To-Entry" requirements Conduct concur Establish Concur Develog & Concur Issue Monitor Review Maintain Concur Identify Review Conduct Concur Conduct Conduct Maintain Concur • • Page 5, 6/6/94 "Sanitary Sewer" shall mean publicly owned sewer that conveys wastewater or industrial wastes or a combination of both, and into which stormwater, surface water, groundwater, or other unpolluted wastes are not intentionally gassed. "Service Area" shall mean the area outlined on Exhibit 1, which includes all of the City of Radford, the County of Pulaski, including that area described as the Community of Fairlawn, that is served by the Pulaski County Sewerage Authority, the Town of Dublin, and Town of Pulaski, including their respective extensions of service beyond the Town limits into the County, those portions of the County of Montgomery described as Plum creek and Route 177 and other areas as may be approved by Pepper's Ferry RWTA. "user charge" shall mean the charge payable by the participants as determined in accordance with sections 5.1 through 5.3. "Water Control Board" shall mean the Virginia Water control Board or any ageircy of the Commonwealth of Virginia which may succeed its duties. Section 1.2 Abbreviations u I/I - Infiltration and Inflow mgd - million gallons per day PFRWTA - Peppers Ferry Regional Peppers Ferry RWTA Wastewater Treatment Authority or Section 1.3 Representations and warranties. Each of the parties represents and warrants that it has full power and authority to enter into and perform this Agreement. • • Page 6, 6/6/94 ARTICLE II Participants Collection Facilities Section 2.1. Collection Facilities Generally. The parties hereto recognize that the Regional Facility can be operated only in connection with Collection Facilities provided by the participants. Any planned extension of the collection system, having flow capacity equal to or greater than 40,000 gallons per day must be recorded with PFRWTA accompanied with the owner/participants certifying statements, and a plan if applicable, that sufficient or planned treatment capacity is available to meet the expansion needs. section 2.2 Excessive Infiltration/Inflow. Each participant shall maintain and or upgrade existing and future collection Facilities so that excessive infiltration/inflow, as determined by Peppers Ferry RWTA from • time to time, will not be delivered to the Regional Facility. Pepper s Ferry RWTA has determined at the time of the execution of this agreement that infiltration/inflow, expressed in million gallons per day, in excess of the following amounts will be considered excessive: Allocated Infiltration/Inflow mad City of Radford 0.44 Town of Pulaski 1.21 Town of Dublin 0.04 Pulaski County Sewerage Authority 0.23 Pulaski County Public Service Authority 0.07 Montgomery County Public Service Authority ---- TOTAL 1.99 Section 2.3.1 operation of Collection Facilities. Each participant shall operate its Collection Facilities in accordance with reasonable rules and regulations of Peppers Ferry RWTA, as the same may be amended from time to time by Peppers Ferry RWTA, so that only acceptable wastewater is delivered for treatment in the Regional Facility. Each participant shall adopt and enforce appropriate regulations for the use of collection Facilities within its service area so as to assure compliance with such rules and regulations of Peppers Ferry RWTA. Section 2.3.2 Local Limits: Each participant shall meet wastewater pollutant limits established in the Rules and Regulations. Each participant will establish conventional pollutant limits and allocations to • industrial users, if applicable, that are at least as stringent as PFRWTA on a mass/flow relationship basis to assure that the pollutant loading to the regional facility complies with the established influent limit requirements. • Page 9, 6!6!94 ARTICLE ITI Allocation of Capacity Section 3.1. Initial Allocation of Capacity. The original design flow capacity (initial flow capacity) of the regional facility was six (6) million gallons per day which has been increased (expansion flow capacity) to nine (9) million gallons per day. The current (1992) participant allocations for each of these flow capacities are: INITIAL FLOW ALLOCATION Expanded Plant Radford P.s. N.R. and Plant capacity Radford 2.1177 2.1177 2.1177 Pulaski 0.0000 2.6150 2.6150 Dublin 0.0000 0.2800 0.2800 PCSA 0.0000 0.4600 0.4600 PCPSA 0.1000 0.4550 3.2050 MCPSA 0.0723 0.0723 0.3223 TOTAL 2.2900 6.0000 9.0000 *allocations reflect any exchanges between participants through November 1992. Initial flow capacity allocations establish the participant's proportion of the original construction debt cost. The infiltration and inflow, flow capacity, is included in the initial flow capacity. Pepper's Ferry RWTA will establish and allocate pollutant treatment capacity from time to time as part of its Pretreatment Program. Pollutant allocation will be proportional to total flow allocated. The quantity of allocated. pollutants permitted for discharge (pollutation) will be based on actual flow. section 3.2. Reallocation of Capacity. Any participant may reallocate any portion of its available plant flow and/or pollutant treatment capacity from time to time to any other participant on such terms as may be mutually agreeable. once the reallocation agreement is completed, Pepper's Ferry RWTA shall be provided written notice from all parties involved in a reallocation along with a copy of all agreements and documents pertaining to same. section 3.3 Observance of Allocated Capacity. No participant shall exceed its allocated plant flow or pollutant treatment capacity. At such time as any participant is advised by Pepper's Ferry RWTA that the average flow of the participant for any three consecutive months has reached 95~ of its allocated flow capacity, such participant shall immediately suspend the issuance of permits that allow the start of construction, which would result in additional flow to the participant's collection system, until the capacity of such participant is increased by reallocation or by the • • Page 8, 6/6/94 ELEMENTS PARTICIPANT PFRWTA N. Conduct two techincal inspection monitoring sampling/user/year conduct concur o. Maintain local program records Maintain Maintain P. Maintain a documented local program Maintain Review and including Enforcement Response Plan, local concur limit model, sampling/testing program Q. Accompany State/Federal inspections Accompany R. Maintain records and program liasons to State Maintain S. update Industry and PFRWTA limits Implement Advise ~ Concur T. Publs'sh Annual Notice Publish Pretreatment program requirements will be provided to the participant through development in the PFRWTA Rules and Regulations, and administrative guidance documents. The participant has the primary responsibility for the conductance of the pretreatment program including its enforcement. Pepper s Ferry RWTA has the right to take legal action, as necessary, to enforce the terms and requirements of the pretreatment program including the imposition and enforcement of requirements and standards on a noncompliant Industrial user in the event that the participant is unable or unwilling to do so. it is the intent of PFRWTA and its member jurisdictions that the pretreatment program be conducted as a responsive and responsible program in a coops=ative manner. • ,' 1 • Page 10, 6/6/94 creation of additional capacity or such participant is advised by Pepper s Ferry RWTA that additional wastewater may be delivered to the Regional Facility based on an agreed to plan for future capacity. In the case of the Pulaski County Sewerage Authority, Pulaski county Public Service Authority and Montgomery county Public Service Authority which do not control the issuance of building permits, Peppers Ferry RWTA shall give notice to the Board of Supervisors of such county which shall thereupon suspend the issuance of such permits as provided above. Section 3.4. Enlargement of Regional Facility. In the event any one or more participant advises Peppers Ferry RWTA of a need for wastewater treatment capacity in excess of its allocated capacity pursuant to this Agreement, Pepper s Ferry RWTA shall take appropriate action to create additional capacity at the Regional Facility at the sole cost of the participant or participants requesting the same, or on such other basis as shall be agreed upon between the parties. L • Page 11, 6/6/94 ARTICLE IV Delivery of Wastewater and operation of Regional Facility Section 4.1. Delivery. Acceptance and Treatment of Wastewater. Each participant shall deliver or cause to be delivered to Pepper's Ferry RWTA at Points of Delivery all acceptable collected wastewater from within the service Area and shall not permit or provide for the treatment of acceptable wastewater in the service Area in any other manner. Pepper's Ferry RWTA shall accept and treat all wastewater so delivered by the participants up to their respective allocated plant capacities. Pepper's Ferry RWTA shall be under no obligation to treat wastewater delivered by any participant in excess of the participants allocated plant capacity, unless there is an agreed to capacity expansion program that includes interim and future treatment capabilities. Section 4.2. operation of Regional Facility. Pepper's Ferry RWTA shall operate and maintain the Regional Facility in an efficient and economical manner, making all necessary and proper repairs, replacements and renewals, consistent with good business and operating practices for comparabl® facilities and in accordance with applicable standards of regulatory bodies. Treatment of wastewater shall meet all applicable standards. section 4.3. Rules and Regulations. Pepper's Ferry RWTA shall adopt and enforce such reasonable rules and regulations, subject to approval by the governing bodies of a majority of the members of Pepper's Ferry RWTA, as may be necessary or desirable to ensure the efficient operation and maintenance of the Regional Facility and to enforce all applicable pretreatment requirements and standards as promulgated by EPA, and Virginia state Water control soard. Each participant shall observe all such rules and regulations. • • Page 12, 6!6194 ARTICLE V Charges to Participants Section 5.1. Charges in General. Peppers Ferry RWTA shall fix and determine the charges in connection with the Regional Facility. Such charges shall be established at such levels as may be necessary to provide funds, together with other funds that may be available, sufficient at all times to pay (a) the principal of and the premium, if any and interest on Bonds, as the same become due, and reserves therefore, and (b) the cost of operation and maintenance of the Regional Facility and its programs, and reserves therefore and for replacements and improvements. Section 5.2 Uaer Charge. The User Charge for each participant shall consist of the sum of (a) debt retirement costs, based on the ratio of the participants portion of the financed flow capacity to the total financed flow capacity, (b) operation and maintenance costs, based on the ratio which the actual flow at the one or more Points of Delivery for such participant bears to the total flow through all Points of Delivery, (c) surcharge, if any, for abnormal waste strength or characteristics, and (d) other program and/or service costs that may be agreed to hetween PFRWTA and the participant. Debt retirement costs shall mean principal of and • premium, if any, and interest on Bonds and reserves therefore. operation and maintenance costs shall mean the sum of the expenses for administration of Peppers Ferry RWTA, the ownership, operation and maintenance of the Regional Facility, reserves for operations, capital, repair and replacements improvements and the amount of any operation and maintenance cost overruns for the previous year, less any revenue derived from the sale of wastewater or products and/or services or other sources. surcharge shall mean any charge for abnormal waste strength or characteristics that may be determined by Peppers Ferry RWTA in accordance with its rules and regulations. In computing the Uaer charge there shall be determined separately the debt retirement costs and the operation and maintenance coats for (1) the Radford Pump Station and associated force main, and (2) the wastewater treatment facility and all associated facilities other than (a) the debt for the New River Pump station (NRPS) fourth pump. Initial construction debt retirement costs for the New River Pump station fourth pump shall be attributed, to the City of Radford, the Town of Pulaski, the Town of Dublin, Pulaski County sewerage Authority, and Pulaski County Public Service Authority, based on allocated infiltration/inflow capacity. Initial construction debt costs for the Radford Pump station and associated force main shall be attributed to the City of Radford, Pulaski County Public service Authority originally for AT&T Technologies, Inc., and Montgomery County Public Service Authority. The User Charge shall be computed according to the following formula: . Page 13, 6/6/94 User Charge: Treatment and pumping charges based on flow capacity used times the unit rate determined yearly plus one twelfth debt service charges based on proportional share of debt service for facilities used plus surcharge for excessive pollutants derived times a unit rate determined yearly. where: Monthly UC = T + PN + PR + 1 / 12 (CP + CN + CR + C2 ) + s + O UC = user charge to be calculated individually for each member jurisdiction T =treatment cost calculated on flow delivered to the plant times annually established o8M rate PN = pumping cost for New River Pump station based on flow pumped times annually established osM rate. This charge applied to all users flow with the exceptions of NRRA's transfer station and RAAP special delivery system. PR = pump station cost for Radford Pump Station determined in the same manner as "PN." Radford Pump Station cost and debt is shared by City of Radford (RAD), Pulaski County Public Service Authority (PCPSA), and • Montgomery County Public service Authority (MCPSA). CP treatment plant debt service paid for by all users proportionally to total annual debt cost as set forth in initial flow allocation (ref. Section 3.1 and Table V-1 of User Agreement and Table 3-1, below). cN = New River Pump Station debt service paid by all users based on initial flow allocation in same manner as "CP." CR = Radford Pump Station debt paid by RAD, PCPSA, and MCPSA proportional to their individual initial flow capacity (ref. section 3.1 of veer Agreement and Table 3-1, below) to the total of their initial flow capacity in the same manner as "CP." CI = New River Pump station's fourth pump debt paid by all users except MCPSA proportional to the allocated infiltration/inflow capacity set forth in section 2.2 and Table v-1 of the user Agreement in the same manner as "CP." s =surcharge - additional charge for treatment of pollutant(s) in excess of quantity limits set by the Authority. charge is normally based on pounds of excess pollutant(s) times a rate established for the pollutant(s). • • Page 14, 6/6/94 o =other - other charges as may be based on mutually agreed to charges for services provided; e.g. laboratory testing, pretreatment program management, contract services, etc. Example of Monthly Charge for Town of Pulaski Monthly Charge (Town of Pulaski (TOP)) = ToP monthly Flow TIMES flow rate per MB for treatment PLUS TOP monthly flow TIMES New River Pump Station flow rate per MG far pumping at New River Pump station PLUS ToP monthly flow to Radford Pump station (for ToP this is currently equal to zero) TIMES Flow rate for MG for pumping at Radford Pump station PLUS 1/12 (TOP debt service portion of annual debt financing for treatment plant based on capacity allocations PLUS TOP debt service portion of annual debt financing for the New River Pump station based on capacity allocation PLU5 TOP debt service portion of annual debt financing for Radford Pump Station based on capacity allocation (for TOP this is currently equal to zero) PLU5 ToP debt service portion of annual debt financing for the New River dump Stations fourth pump based on infiltration/inflow capacity allocation PLUS surcharges for exceedence of pollutant concentrations established as flow TIMES concentration exceedence TIMES established rate (surcharge) PLUS other coat that may have occurred which are the • responsibility of TOP; e.g. testa, pretreatment services, etc. CJ • Page 15, 6/6/94 Pepper's Ferry RWTA may establish rates for partial facility usage and/or specific usage as special rates. such rate determination should assure that the usage charge includes at least funds adequate to recover operation, maintenance and debt service cost of the capacity used and that all participants benefit proportionally to their associated participation in the facility and its operation. Specific rate billings and collections procedures shall be the same as user's. Section 5.3. Billing and Payment of User Charges. Pepper's Ferry RWTA shall determine the User Charge by March 1 of each year which it anticipates will be charged far the twelve (12) months beginning with July 1 next following. such User Charge may be modified or changed (1) to correct an error in calculation or projection, (2) to prevent a default in the payment of the principal or the premium, if any, or interest on, any Bonds of Pepper's Ferry RWTA, or (3) to prevent a default under resolution, trust indenture, trust agreement or other agreement authorizing or securing Bonds of Pepper's Ferry RWTA. in addition, notwithstanding any contrary provision of this User Agreement, (a) Pepper's Ferry RWTA shall revise its charges as often as may be necessary so as to produce revenues sufficient at all time to pay the cost of operation and maintenance of the Regional Facility, and debt service on its Bonds, and (b) if a debt service reserve fund or operating reserve fund has or have been established to comply with any • resolution, trust indenture, trust agreement or other agreement executed by Pepper's Ferry RWTA to secure its Bonds, in the event a transfer has been made from either of such reserve funds pursuant to any such resolution, trust indenture, trust agreement, or other agreement as a result of nonpayment of user fees by any party to this User Agreement or for any other reason and the amount of such transfer has not been restored in full within sixty (60) days, Pepper's Ferry RWTA shall immediately revise its charges to provide revenues sufficient to pay all coats and debt service mentioned in (a) above, and restore all such transfers to the debt service reserve funds, within twelve (12) months of such transfer. Payment shall be due fifteen (15) days after the date of the bill. Amounts unpaid within thirty (30) days after the date of the bill shall accrue interest at the rate of one and a half (1.5$) percent per month, or at such other rate as Pepper's Ferry RWTA may determine and which is lawful, until paid. Section 5.4. Payment of Charges. Each participant shall pay promptly the User Charge billed to it, and each participant shall fix and collect from the users of its sewerage system charges sufficient to provide for payment of the User Charge billed to it. Section 5.5. Meters. Pepper's Ferry RWTA provided meters at each Point of Delivery of its initial facility. Meters shall be tested by Pepper's Ferry RWTA for accuracy not less than once every two years. Pepper's Ferry RWTA shall teat any meter for accuracy upon request of any participant; provided, however, that if such meter shall be found to be • Page 16, 6/6/94 accurate within a range of accuracy set forth within the manufacturer's specifications, the cost of the test shall be borne by the requesting participant. If any meter should fail to record correctly the flow of wastewater, Peppers Ferry RWTA shall estimate the amount of flow using past and current experience. New connections to the system shall provide a means for flow measurement at the expense of the participants in accordance with measures set forth by Pepper•a Ferry RwTA. Flow meters owned by participants shall be calibrated at least every two years and shall be tested when requested by any participant or Peppers Ferry RWTA under the same terms as cited above. • • ~° • Page 17, 6/6/94 ARTICLE VI Arbitration Section 6.1. Matters Subiect to Arbitration. All claims, counter claims, disputes, or other matters between the parties hereto relating to this Agreement which is alleged to involve a monetary claim not to exceed $250,000 (exclusive of interest and costa) shall be determined by an arbitration panel in the matter set forth in this Article. The arbitration panel shall not have the authority to consider (except determining its own authority to act hereunder) any matter alleged to involve a monetary claim of more than $250,000 (exclusive of interest and coats). Section 6.2. Initiation of Arbitration. Arbitration shall be initiated by the filing of a written demand by the requesting party with all other parties to this Agreement within fifteen (15) days after such • requesting party has determined that an arbitrable dispute exists and cannot be resolved by the requesting party. No such demand shall be made if the matter in questions has been barred by the applicable statute of limitations. Section 6.3. selection of Arbitrators. All matters subject to arbitration shall be determined by a panel consisting of an odd number of members. Each party to the dispute shall select one member, provided, however, that if any party shall fail to select its member within 15 days, the member selected by the other parties shall select a member for the party failing to make a selection, and if such members fail to agree on the selection within 10 days, they shall request the circuit Court of Pulaski county to select the member for such party. If there are an even number of parties to the dispute, the members selected by or for the parties shall select the odd member. If they are unable to agree on the election of the odd member within 10 days, they shall request the circuit court of Pulaski County to select the odd member. Section 6.4. Arbitration Procedure and Award. The arbitration panel shall meet within ten (10) days after the selection of all its members. The panel shall select one of its members as chairman who shall preside at all meetings. The panel shall determine its own rules of procedure. All parties to the dispute may be represented by counsel and may present evidence to the panel which shall render its decision promptly. A decision of a majority of the panel shall be binding upon all parties to the dispute and shall not be subject to appeal, and judgment thereon may be entered in • any court having jurisdiction over any party against which a decision has been made. No decision may be rendered against any person or entity which is not a party to this Agreement. r • Page 18, 6/6/94 ARTICLE VII Terms of Agreement Section 7.1. Initial Term. This Agreement shall be in full force and effect from the date of its execution until June 30, 2011, provided, however, that if on such date all Bonds have not been paid or provision has not been made for their payment the term of this Agreement shall continue until all Honds shall have been paid or provision has been made for their payment. Terms and conditions of previous user agreements beween Pepper's Ferry RWTA and its participants that are not included in or modified by this agreement remain in effect as may be applicable for Pepper's Ferry RWTA or its participants. Section 7.2. Continuation of Agreement. This Agreement shall continue in effect beyond June 30, 2011 (or such later date as provided in Section 8.1) until terminated by all of the parties hereto. After such date any participant may terminate this Agreement as to itself, but such termination shall not terminate this Agreement as to any other participant. No termination of this Agreement shall become effective until three years after notice which shall be in writing and shall be given to all parties hereto. • • • Page 19, 6/6/94 ARTICLE VIII Miscellaneous Section 8.1 Amendments. The parties hereto recognize that this Agreement will constitute an essential part of Pepper's Ferry RWTA financing plan and that this Agreement cannot be amended in any manner that will impair or adversely affect the security afforded hereby for the payment of the principal of and premium, if any, and interest on Bonds, but that this Agreement can be amended only with the consent of the parties hereto and the trustee under the resolution or indenture authorizing or securing Bonds given in accordance with such resolution or indenture. section 8.2. Books and Records. Pepper's Ferry RWTA shall keep proper books and records in accordance with generally accepted accounting principles which shall be available for inspection at all reasonable times by the other parties hereto through their duly authorized agents. Pepper's Ferry RWTA shall cause an annual audit of its books and records to be made by an ieciependent certified public accountant at the end of each fiscal year and certified copies thereof to be filed promptly with the other parties hereto. Pepper's Ferry RWTA's fiscal year begins July 1 and ends on the following June 30. • Section 8.3. Successors and Assigns. This Agreement shall be binding upon, inure to the benefit of and be enforceable by the parties hereto and their respective successors and assigns. Section 8.4. Severability. If any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not affect any other provisions hereof. Section 8.5. Counterparts. This Agreement shall be executed in several counterparts, any of which shall be regarded for all purposes as an original. • ~' • Page 20, 6/6/94 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and their seals to be affixed and attested by their duly authorized officers, all as of the date first above written. (Seal) Attest: CITY OF RADFORD, VIRGINIA BY: Mayor Clerk (seal) Attest: Clerk (seal) Attest: TOWN OF PULASRI, VIRGINIA BY: Mayor TOWN OF DUBLIN, VIRGINIA BY: Mayor Clerk (Seal) Attest: BOARD OF SUPERVISORS OF PULASRI COUNTY, VIRGINIA BY: Chairman Clerk • t ~ ~ • Page 21, 6/6/94 BOARD OF SUPERVISORS OF (Seal) MONTGOMERY COUNTY, VIRGINIA Attest: BY: Chairman Clerk (Seal) PULASKI COUNTY SEWERAGE AUTHORITY Attest: BY Chairman secretary (Seal) PULASKI COUNTY PUBLIC SERVICE AUTHORITY Attest: • BY: Chairman Secretary (Seal) Attest: Deputy Secretary- (Seal) Attest: • secretary MONTGOMERY COUNTY PUBLIC SERVICE AUTHORITY BY: Chairman PEPPER'S FERRY REGIONAL WASTEWATER TREATMENT AUTHORITY BY: Chairman • I, Ruth A. Harrell, Clerk of the Council of the Town of Pulaski, Virginia, do hereby certify that the fore~~ Ordinance is a true and correct copy of the ordinance set out and adopted by the recorded vote of the Town Council on November 1, 1994. ~..,c~t-~.~i . Ruth A. Harrell, Clerk of Council • •