11-047.00 City of Spokane PretreatmentSpokane Valley Pretreatment Program Agreement
between the Cities of Spokane Valley and Spokane
1. RECITALS
A. The purpose of this Agreement is to establish a local pretreatment regulatory
program within the City of Spokane Valley, WA, as required by federal and state
law, including but not limited to 40 CFR 403.8 and provisions referenced in 1C
below for areas served by the City of Spokane in the City of Spokane Valley (see
1 B). The program under this Agreement may hereafter be referenced as the "SV
Pretreatment Program ".
B. The City of Spokane Valley does not provide public sewer utility /wastewater
collection service. Such service is provided by Spokane County, except for a
small area on the northwest edge of Spokane Valley (Yardley), and a smaller
area on the southwest edge of Spokane Valley. Those areas are within the City
of Spokane sewer utility service area. The SV Pretreatment Program and this
Agreement applies only to the City of Spokane sewer utility service area in
Spokane Valley, as now or hereafter configured. For convenience, such areas
are also referenced herein as the "Yardley area ". Areas within the Spokane
County sewer utility service area are handled by separate arrangement with
Spokane County. The specific boundaries of the City of Spokane service area
are set forth in Exhibit A, Map of "City of Spokane Wastewater Service Area
Within the City of Spokane Valley ".
C. Under additional regulatory requirements, generators of biosolids from the POTW
are required to comply with 40 CFR, Part 503 — Biosolids Rule, governing the use
and disposal of municipal sewage sludge, and relevant State statutes. "POTW"
stands for "Publicly Owned Treatment Works" and refers to any publicly owned
sewer utility facility or treatment plant.
2. PARTIES: IMPLEMENTATION OF SV PRETREATMENT PROGRAM
A. Spokane Valley hereby adopts and /or agrees to adopt or do any actions needed
to support the SV Pretreatment Program, and as necessary or convenient for the
City of Spokane to perform any functions under this Agreement. Such actions
include but are not limited to adoption of applicable provisions of Spokane
County's pretreatment ordinance, SCC chapter 8.03A, and all applicable and
related regulatory requirements. An exception to the adoption for the Yardley
area is that all references to the County Prosecutor 's office shall be modified to
be the Spokane City Attorney's Office, consistent with section 4 below.
B. The City of Spokane agrees to enforce and implement the SV Pretreatment
Program.
3. SV PRETREATMENT PROGRAM ENFORCEMENT EXPENSES
A. Except where otherwise specified and to the extent permitted by law, the parties
intend that the City of Spokane shall fund any SV Pretreatment Program
expenses through permit fees, fines, penalties, and /or other fees or expenses as
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SPOKANE VALLEY PRETREATMENT PROGRAM AGREEMENT
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may be adopted by the City of Spokane. Upon request, the City of Spokane shall
provide any reports or information reasonably requested by the City of Spokane
Valley with respect to such fees or charges. If it appears there are any unfunded
program enforcement costs, the City of Spokane reserves the right to present the
same to the City of Spokane Valley and the parties agree to review this issue for
a mutually fair resolution.
B. Nothing in this Agreement affects any sewer utility operational authority or
ratemaking authority of the City of Spokane for its utility operations or customer
relationships. The City of Spokane retains full power and authority to operate and
manage its sewer utility within its service area in the City of Spokane Valley.
4. COURT ACTIONS
A. As needed to enforce the SV Pretreatment Program, the City of Spokane Valley
appoints the Spokane City Attorney's office as special deputy for the City of
Spokane Valley to sign pleadings on Spokane Valley's behalf to prosecute and
enforce any legal or law enforcement actions, including obtaining search
warrants or other court action. The parties mutually waive any conflict of interest
in connection with these arrangements, PROVIDED, at any time, upon request of
either the City Attorney of Spokane or the City Attorney of Spokane Valley, the
Spokane City Attorney's office will withdraw from representation of the City of
Spokane Valley and the City Attorney of Spokane Valley shall then assume all
functions within the scope of the withdrawal regarding the SV Pretreatment
Program. Further, to that extent, each party shall be solely and separately
responsible for its individual actions.
B. The parties agree to execute any further agreements necessary to preserve and
protect the attorney client, attorney investigation or work product, and /or
confidentiality protections relating to their respective needs and functions under
the Agreement, to the extent permitted by the Washington State Public Records
Act or other applicable laws.
C. The City of Spokane Valley agrees to pay for or provide program enforcement
costs, including court, court clerk, jail, hearings examiner, or other civil or criminal
law enforcement to support the SV Pretreatment Program. The City of Spokane
Valley reserves the right to review and approve any billings from the City of
Spokane. In the event of a dispute, Spokane Valley reserves the right to take
control and responsibility for a case as provided in 4A for future costs, and the
parties agree to submit the question of accrued costs to arbitration under RCW
7.04A.
5. EMERGENCY ACTION: CITY NPDES PERMIT HOLDER
A. The City of Spokane 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 or welfare of humans, which reasonably appears to threaten
the environment, or which threatens to cause interference, pass through, or
sludge contamination as these terms are understood in the pretreatment
program. The City of Spokane may provide notice to an Industrial User or other
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SPOKANE VALLEY PRETREATMENT PROGRAM AGREEMENT
Page 3of5
affected party prior to taking action, but reserves the right to act without notice or
opportunity to respond when deemed reasonably necessary by the City of
Spokane. The City of Spokane may advise all parties subject to regulation under
the Spokane Valley Pretreatment Program that it is a designated agent of the
City of Spokane Valley for purposes of enforcement. All records may be subject
to inspection at any time by the City of Spokane Valley, upon reasonable
arrangements and notice, subject also to the provisions of SCC 8.03A.0701
respecting requests for confidentiality.
B. Notwithstanding any other provision of this Agreement, the parties understand
that the City of Spokane is the holder of a federal wastewater discharge
(NPDES) permit which applies to all wastewater flowing directly or indirectly into
the City of Spokane sewer system and treatment plant. The City of Spokane
reserves the right to take whatever actions necessary to avoid and /or correct any
NPDES permit violations or other adverse federal or state regulatory agency
action, and the parties agree to work together in good faith to accomplish this
result.
6. ADDITIONAL.
A. If any term of this Agreement is held to be invalid in any judicial action, the
remaining terms of 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. §1251 et seq.) and the rules and regulations
(see 40 CFR Part 403) issued thereunder, as necessary, but at least every five
(5) years on a date to be determined by the parties.
7. INDEMNIFICATION
A. The City of Spokane Valley shall indemnify and hold harmless the City of Spokane
and its officers, agents, and employees, from any and all claims, actions, suits,
liability, loss, costs, expenses, and damages of any nature whatsoever, by any
reason of or arising out of any negligent act or omission of the City of Spokane
Valley, its officers, agents and employees, relating to or arising out of the
performance of this Agreement. In the event that any suit based upon such claim,
action, loss, or damages is brought against the City of Spokane, the City of
Spokane Valley shall defend the same at its sole cost and expense and if final
judgment in said suit be rendered against the City of Spokane, and its officers,
agents, and employees, or jointly against the City of Spokane and the City of
Spokane Valley and their respective officers, agents, and employees, the City of
Spokane Valley shall satisfy the same."
B. The City of Spokane shall indemnify and hold harmless the City of Spokane Valley
and its officers, agents, and employees, from any and all claims, actions, suits,
liability, loss, costs, expenses, and damages of any nature whatsoever, by any
reason of or arising out of any negligent act or omission of the City of Spokane, its
officers, agents and employees, relating to or arising out of the performance of this
Agreement. In the event that any suit based upon such claim, action, loss, or
damages is brought against the City of Spokane Valley, the City of Spokane shall
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SPOKANE VALLEY PRETREATMENT PROGRAM AGREEMENT
Page 4 of 5
defend the same at its sole cost and expense and if final judgment in said suit be
rendered against the City of Spokane Valley, and its officers, agents, and
employees, or jointly against the City of Spokane Valley and the City of Spokane
and their respective officers, agents, and employees, the City of Spokane shall
satisfy the same,"
C. If the comparative negligence of the parties and their officers and employees is a
cause of such damage or injury, the liability, loss, cost, or expense shall be
shared between the Parties in proportion to their relative degree of negligence
and the right of indemnity shall apply to such proportion.
D. Where an officer or employee of a party is acting under the direction and control
of the other party, the party directing and controlling the officer or employee in
the activity and /or omission giving rise to liability shall accept all liability for the
other party's officer or employee's negligence.
E. Each party's duty to indemnify shall survive the termination or expiration of the
Agreement.
F. The foregoing indemnity is specifically intended to constitute a waiver of each party's
immunity under Washington's Industrial Insurance Act, chapter 51 RCW, respecting
the other party only, and only to the extent necessary to provide the indemnified
party with a full and complete indemnity of claims made by the indemnitor's
employees. The parties acknowledge that these provisions were specifically
negotiated and agreed upon by them.
8. RCW 39.34.030 (3) and (4) ELEMENTS:
A. Duration This Agreement expires in five (5) years, but shall be deemed
automatically renewed for additional five (5) year terms thereafter, not to exceed
a total period of twenty five (25) years. In addition, either party may terminate
this Agreement in its sole discretion upon one hundred eighty (180) days written
notice. Renewal does not affect any right of termination for breach or as
otherwise agreed.
B. Precise Organization Each party functions under its existing structures. No
additional organizational structures are created.
C. Purpose rpose The purpose is stated in section 1 A.
D. Budget and f=inancing These are addressed above, principally in sections 3 and
4.
E. Termination Upon expiration or termination of this Agreement, each party
retains control of its property. No joint property or jointly held assets or funds are
contemplated.
F. Administration Each party administers its own functions under this Agreement.
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SPOKANE VALLEY PRETREATMENT PROGRAM AGREEMENT
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EFFECTIVE DATE: / Ilarc ZZ, ZDII
CITY OF SPOKANE VALLEY
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Authorized Repre �omas Danek, JG
By: City Administrator
Print name and fire f Spokane
ATTEST:
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Note: Prejert Boundaries Are Approximate And May Change Wth Further Engineering.
Map: Spokane County Utilities G.I.S. Proiect Prior I Ar t R_v i n. November, 2010