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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 (`,oi1 -oN7 SPOKANE VALLEY PRETREATMENT PROGRAM AGREEMENT Page 2 of 5 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 2of5 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 3 of 5 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. 4of5 SPOKANE VALLEY PRETREATMENT PROGRAM AGREEMENT Page 5 of 5 EFFECTIVE DATE: / Ilarc ZZ, ZDII CITY OF SPOKANE VALLEY ,-,7 P. Office o e City rney CITY OF SPOKANE :t Authorized Repre �omas Danek, JG By: City Administrator Print name and fire f Spokane ATTEST: City Clerk Ap •A�tt�orn � Al 5of5 Approved as to form: Effli HEN Vim,: flM Cit o' oe Sewer ten- e rea E HMG �r it City Of Spokan alley 1i , -i REM; ail 1� it � _ - ITiTTTT7l r /_ r 1 C:I 1 -4 • � �� Trent - m �E4IJ� ' c \ PR _�. r Broadway � t S rave Ali _ 11.31TI1_I_LT , AD A TE rzr- „( �) NE ,j1�f - - -- V )II.I[Il�[ - .—�1l)ilTf71) r 1 �. V J!iJ 1LCJ� + HIM, t , �il�t�kJl. REF Ril _ ® I 8t r r > ,. l LI LII LI lIJ [�� Z k T ® CT ; amp- In L - 1 ' 14th {! Legend F V� - r /IV _Fr Service u icen ewer j 16th UGA Boundary ®fillip _Uj i I UGA City of Spokane r Y 1 - - -� -- — City of Spokane Valley , � 1 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