THIS AGREEMENT made this _________________ day of ___________ 19_____, by and between the Borough of Dauphin, (hereinafter called “Borough”) and _________________________, (hereinafter called “industrial/commercial user” or “I/C user”).
WITNESSETH:
WHEREAS, wastewater discharged from the Borough facility in Dauphin Borough, Dauphin County, Pennsylvania, will be treated at a treatment plant operated by the Borough; and
WHEREAS, an agreement between the Borough, I/C user, and others, provide, inter alia, that no industrial user shall be permitted to discharge into a sewer collection system any waste other than sanitary waste without the approval of Borough; and
WHEREAS, said agreement provides that the Borough may establish acceptability standards for industrial waste that the Borough deems appropriate in furtherance of its efforts to comply with regulations promulgated by the United States Environmental Protection Agency in 40 CFR 403, and regulations of other governmental bodies having jurisdiction.
NOW, THEREFORE, in consideration of the mutual promises herein contained, the parties hereto, intending to be legally bound hereby, agree as follows:
1. Borough shall issue an industrial/commercial waste discharge permit subject to conditions set forth therein. The other parties hereto, by executing this agreement, have approved issuance of said permit. I/C user agrees to comply with all provisions of said permit, a copy of which is attached hereto and made a part hereof by reference thereto. I/C user agrees that the Borough, by issuing such permit, shall not be deemed to have assumed any responsibility or liability, but that I/C user shall continue to be responsible for compliance with all applicable statutes, rules and regulations.
2. I/C user, at its expense, shall cause all wastewater discharged into the Borough to comply with all provisions of the rules and regulations governing connection to the sewer system and the acceptance of residential, commercial, and industrial wastes, as they may be amended from time to time, and appropriate municipal ordinances, as they may be amended from time to time, and with all provisions of said industrial/commercial waste discharge permit. In the event of any conflict between any of such provisions, the Township shall comply with the more stringent provisions.
3. I/C User agrees, at its expense, to comply with all rules and regulations presently and subsequently adopted by the Borough, including without limitation, those presently and subsequently adopted in an effort to comply with any present, future or anticipated rule, regulation, or order of any governmental body, agency, department, etc.
4. The right to discharge wastewater which will be treated at the treatment plant operated by the Borough is contingent upon such pretreatment, if required by the Borough, at the expense of I/C user as will cause the wastewater discharged from the I/C user at all times to be of a quality satisfactory to the Borough. If, (A) in the opinion of the Borough, the wastewater from the Township (1) may be injurious to any personal property operated by the Borough or (2) may interfere with any treatment process or (3) in any way may cause the Borough to violate its NPDES permit, or (B) if because of any statute, rule, regulation, order or provision the wastewater discharged from the Township becomes unsatisfactory to the Borough, or (C) if the I/C user falls to comply with any condition, rule, or regulation presently or hereinafter adopted by the Borough, then upon notice from the Borough the right to discharge wastewater shall cease and become null and void unless within the time specified by the Borough, the I/C user at its expense shall put into effect such remedial measures as will produce wastewater, which in the opinion of the Borough, will be satisfactory for discharge into a collection system for treatment at the treatment plant operated by the Borough, will be satisfactory for discharge into a collection system for treatment at the treatment plant operated by the Borough (or unless, in the case of failure to comply with any condition, rule or regulation, I/C user complies therewith with the time specified by the Borough within the time set forth in a written notice mailed to the I/C User, or delivered to any adult believed to be an employee at the I/C User, which notice shall state that the wastewater from the Township is not satisfactory to the Borough for a reason falling within clause (A) or (B) of the preceding sentence hereof, then in the event of such failure the Borough shall have the right without liability to cause the discontinuance of discharge of wastewater from the I/C user or seek other remedies that may be available under the law. Means of effecting such discontinuance shall be provided by I/C user at its expense and shall be satisfactory to the Borough.
5. I/C user at its expense shall provide an appropriate sampling location. I/C user at its expense shall do such monitoring and reporting as may be required by the Borough from time to time. The Borough and its employees and agents are hereby authorized to have access to I/C user’s premises at any and all times without prior notice for the purpose of monitoring and complying with this agreement and to exercise any remedies provided by this agreement. I/C user agrees to make arrangements satisfactory to the Borough to permit monitoring, inspection, and spot checks at any and all times. I/C user shall have its security personnel provide access for Borough’s employees and agents or shall make other arrangements satisfactory to the Borough for providing access upon short notice.
6. Failure to enforce any provision of this agreement shall not be deemed a waiver of the Borough’s right to enforce any or all provisions hereof. The Borough assumes no responsibility for enforcement of this agreement. No duty or responsibility of I/C user shall be deemed to have been shifted in whole or in part to the Borough by this agreement, but I/C user shall remain as fully responsible as it would have been if this agreement had never been executed. I/C user agrees to indemnify and hold harmless the Borough, its engineer and their agents, and employees from any against all claims, damages, losses, fines, penalties and expenses, including, without limitation, attorney fees, arising out of, or resulting from discharge of effluent from the I/C user. In addition, in the event of breach of any provision of this agreement, I/C user agrees to reimburse the Borough for all expenses incurred by the Borough as calculated by the Borough as a result of such breach.
7. I/C user shall promptly reimburse the Borough for the Borough’s expense in monitoring, inspecting, sampling, and testing, (including, without limitation, laboratory work) in an effort to determine whether the Township is complying with this agreement and with permits granted.
8. If a substance is believed by the Borough to be endangering the Borough’s plant or treatment process, and if in searching for the source of such substance the Borough samples at other industrial facilities, which the Borough would otherwise not have done, I/C user agrees that if its facility is determined by the Borough to have been the source of such substance, a I/C user shall reimburse the Borough for Borough’s costs of tracing such substance to I/C user, as such costs may be calculated by the Borough. Obviously, if the source of such substance is not found by the Borough, I/C user shall pay for sampling at its manhole and tests done on its effluent only.
9. I/C user agrees to pay to the Borough within 30 days of invoice all fees, surcharges, etc. that are levied in connection with the industrial pretreatment program. Interest on late payments shall be computed at the current prime rate.
10. This agreement may not be assigned by I/C user but shall be binding upon I/C user’s successors and assigns until such time as it is replaced by a new agreement. This agreement shall inure to the benefit of the Borough, its successors and assigns.
11. Should any one or more of the provisions of this agreement for any reason be held illegal or invalid, such illegality or invalidity shall not affect any other provision of this agreement; and this agreement shall, in such circumstances, be construed and enforced as if such illegal or invalid provision had not been contained herein.
12. This agreement shall be effective until terminated by mutual agreement of the parties or until modified by the Borough upon notice to I/C user, whichever shall first occur.
13. I/C user agrees to make no change which might cause its effluent to be in violation of this agreement without first obtaining Borough’s concurrence.
14. I/C user agrees immediately to notify the Borough in the event of any accident or other occurrence which results or may result in discharge into a sanitary sewage system of effluent which is not in accordance with each and every provision of this agreement. In the event I/C user’s facilities include a method of retaining effluent upon I/C user’s property, and in the event that there is an accident or other occurrence which causes the effluent from I/C user’s premises to be in violation of this agreement in any respect, I/C user’s agrees to attempt to retain such effluent upon its premises and consult with the Borough concerning the best means of bringing the effluent within the limitations permitted by this agreement before permitting the effluent to leave the I/C user’s premises.
IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have caused this agreement to be duly executed as of the day and year first above written.