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Home My WebLink About991365.tiff RESOLUTION RE: ACTION OF BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO, CONCERNING SITE APPLICATION FOR MODIFICATION/EXPANSION OF THE HILL-N-PARK WASTEWATER TREATMENT FACILITY AND AUTHORIZE CHAIR TO SIGN - CITY OF EVANS WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has received a site application from the City of Evans, 1100 37th Street, Evans, Colorado 80620, concerning the modification and expansion of the Hill-n-Park Wastewater Treatment Facility, located on the following described parcel of land, to-wit: NW% NW% of Section 36, Township 5 North, Range 66 West of the 6th P.M., Weld County, Colorado WHEREAS, the regulations for site applications for capital improvements (modification and expansion) require review of the site application by the Board of County Commissioners, and further, that various local and state agencies be given the opportunity to review and comment on said site application, and WHEREAS, the site application from the City of Evans was submitted to the Board of County Commissioners of Weld County for review and comment, a copy of said application being attached hereto and incorporated herein by reference, and WHEREAS, after study and review, the Board finds that said site application is not in conflict with the Weld County Comprehensive Plan, and that it is in the best interest of Weld County to recommend approval of said application. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the site application submitted by the City of Evans be, and hereby is, recommended favorably to the Colorado Department of Public Health and Environment, thereby indicating the Board finds no conflict with the Weld County Comprehensive Plan. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said site application. 991365 or . P L PL0079 SITE APPLICATION - CITY OF EVANS PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 7th day of June, A.D., 1999. BOARD OF COUNTY COMMISSIONERS COUNTY, COL A ATTEST: /LW Dale K. Hall, Chair Weld County Clerk to the jar. t iw 0: �� XCUSED �arb.ra J. Kirkmeygr Deputy Clerk to the Bo On cci ]N$i George E. ,a ter APPROV O FORM: A/7 M. J. eile C y Attorney . N /Ccd� Glenn Vaad — • 991365 PL0079 4 MEMORANDUMLD ( ', TO: Board of Weld County DATE: June 4, 199Fp 9 C, Commissioners 7 i FROM: Trevor Jiricek, Department of Public Health and Enviromnen COLORADO SUBJECT: Site Application for the Modification/Expansion of the Hill-n-Park Wastewater Treatment Facility In accordance with the Regulations for the Site Application Process (5 CCR 1002-22) and County policy, dated May 27, 1999, this Site Application is being presented for your review, comment, and signature. The Site Application was submitted by the City of Evans for the Modification/Expansion of the Hill-n-Park Wastewater Treatment Facility. The City of Evans will be operating and maintaining the facility. The Regulations require Board of County Commissioner (the Board) review because, in this case, the Board is designated the "Management Agency" by the "208 Water Quality Management Plan". The treatment facility has been unable to consistently meet its discharge permit requirements. The modification and expansion of the facility will improve the quality of the wastewater effluent being discharged. I have attached a brief summary of the project as presented by the facility's consultant. Our staff and the Planning Department staff have reviewed this application and have no concerns as it is presented. We have also discussed it with the Colorado Department of Public Health and Environments District Engineer, Victor Sainz. Therefore, we recommend the Board sign the document. Note: The "208 Water Quality Management Plan" consists of wastewater and water quality plans produced in accordance with sections 208 and 303(e) of the Federal Clean Water Act. A water quality management plan must identify a system of treatment plants necessary to meet the anticipated municipal and industrial waste treatment needs of the designated area over a 20-year period. 991365 t 'Jacobson Helga& CONSULT , ! ( S II fps! April 28, 1999 Mr. Trevor Jiricek Weld County Health Department 1555 North 17th Avenue Greeley, Colorado 80631 Re: Site Application for the Modification/Expansion of the Hill-n-Park Wastewater Treatment Facility JHC Project No. 396-01 Dear Mr.Jiricek: Enclosed is the Site Application and appropriate attachments for the proposed modification/expansion of the Hill-n-Park Wastewater Treatment Facility. The application is being submitted by the City of Evans (City), as the City has entered into an Intergovernmental Agreement with the Hill-n-Park Sanitation District for the operation, maintenance, improvement and enlargement of the plant. The current facility is permitted to operate at a hydraulic capacity of 0.336 million gallons per day (mgd) and an organic capacity of 753 pounds of BOD5 per day (].bs BOD5/d),but has been unable to consistently meet its discharge permit requirements. After assuming operation of the facility in July of 1998, the City identified a need to improve the quality of the wastewater effluent being discharged from the plant. A review of the facility indicates the current aeration and disinfection facilities are of inadequate size to meet the currently permitted loading conditions. However, rather than only performing the improvements necessary to achieve a better effluent quality, the City wishes to perform additional improvements that will increase the plant. hydraulic capacity to 0.5 mgd and the organic capacity to 1,000 lbs BOD5/d. This approach to achieving an improved water quality has been determined to be the most economical for the City. 165 South our Boulevard.5wtc 550.Lakewo i l Colorado 8021.9,-2212 903-986-0733 FAX 303-986-0956 http.//nwjhcin orn Mr. Trevor Jiricek April 28, 1999 Page Two In accordance with the Colorado Department of Public Health and Environment's Regulations for the Site Application Process, the City respectfully requests your timely review and comment of the enclosed information as the "Local Health Authority". Following your review, please sign and date where appropriate in Part C. and return only the signature page in the enclosed envelope. Should you have any comments or questions during your review, please contact me at 303-986-0733. Sincerely, JACOBSO HELGOTH CO SULTANTS, INC. Bradley A. Si s Project Engineer BAS/sd Enclosures cc: Earl Smith, City of Evans Public Works Director Joe Schumacher, City of Evans Civil Engineer IF COLORADO DEPARTMENT OF IPUBLIC HEALTH AND ENVIRONMENT Water Quality Control Division 4300 Cherry Creek Drive South Denver, Colorado 80246-1530 APPLICATION FOR SITE APPROVAL FOR MODIFICATION/EXPANSION OF: AN EXISTING DOMESTIC WASTEWATER TREATMENT PLANT APPLICANT: City of Evans / Hill-n-Park Sanitation District PHONE: (970) 339-5344 X113 ADDRESS: 1100 37th Street s CITY,STATE,ZIP: Evans, Colorado 80620 Consulting Engineer: Jacobson Helgoth Consultants, Inc. Phone: (303) 986-0733 Address: 165 South Union Boulevard, Suite 550 City,State,Zip: Lakewood, Colorado 80228 A. Summary of information' regarding existing wastewater treatment plant: 1. Existing Location (Legal Description): NW 1/4, NW 1/4, Section 36 Township: 5N _ Range: 66w County: via 2. Type arid capacity of treatment facility proposed: Processes Used Three-cell lagoon system (two aerated, one settling) with chlorine disinfection. Hydraulic: 500,000 gal/day Organic: 1,000 lbs. BOD/day Present PE: 2,756 _ Design PE: 5,000 % Domestic: 100 % Industrial: 0 3. Location of Facility: Attach a map of the area which includes the following: (a) 5-mile radius: all sewage treatment plants, lift stations, and domestic water supply intakes. (b) 1-mile radius: habitable buildings, location of public and private potable water wells, and an approximate indication of the topography. 4. Effluent disposal: Surface discharge to watercourse Unnamed ditch tributary to Ashcroft Drqw _ flowing to South Platte River Subsurface disposal N/A Land Application N/A Evaporation N/A _ Other(list): - State water quality classification of receiving watercourse(s) Recreation, 'taass..2; Aquatic Life, Class 2 (Warm) ; and Agriculture Proposed Effluent Limitations developed in conjunction with the Water Quality Control Division: BOD, 30/45 mg/I SS 75/110 mg/I Fecal Coliforr,t0000/4006100 ml Total Residual Chlorineo0.5 (max) mg/I Ammonia N/A mg/ Other - 5. Will a State or Federal grant/loan be sought to finance any portion of this project? Yes 6. Present zoning of site area? Agricultural Zoning within a 1-mile radius of site? Weld Co. - Ag & R-1 ,1 Evans - PUD, R-1, B-1 & B-4 _ 7. What is the distance downstream from the discharge to the nearest domestic water supply intake? Name of Supply: None within 10 miles in _regard to South Platter Address of Supply: - WQCO-3b(Revised 2/99) 1 of 4 APPLICATION FOR SITE APPROVAL.FOR MODIFICATION/EXPANSION OF EXISTING TREATMENT PLANT What is the distance downstream from the discharge to the neatest other point of diversion? Name ofUser: Latham Canal (approx. 2 miles) - irrigation Address of User: FRICO -• 80 South 27th Avenue, Brighton, Colorado 80601 8. Who has the responsibility for operating the proposed facility?_ City of Evans, under an IGA dated June 12, 1997. 9. Who owns the land upon which the facility will be conslucted?_8111-n-Park Sanitation District__ (IGA attached, less Exhibits) (Please attach copies Df the document creating authority hi the applicant to construct the proposed facility at this site.) 10. Estimated project cost: $629,000 Who is financially responsible for the construction and operation of the facility? City of Evans 11. Names and addresses of all municipalities and water and/or sanitation districts within 5 miles downstream of proposed wastewater treEitment facility site. Town of La Salle - 119 Main Street, La Salle, Colorado 80645 City of Evans - 1100 37th Street, Evans, Colorado 80620 _ City of Greeley - 1000 10th Street., Greeley, Colorado 80631 (Attach a separate sheet of paper if necessary) 12. Is the facility in a 100 year flood plain or other natural hazard area? Yes If so,what precautions are being taken? Top of berms and structures are and will remain above flood elevations detailed in Panel Nos. 080266 0619C and 080266 0638C. Has the flood plain been designated by the Colorado Water Conservation Board, Department of Natural Resources or other agency? Federal Emergency Management Agency (Agency Name) If so,what is that designation? Zone A 13. Please identify any additional factors that might help the Water Quality Control Division make an informed decision on your application for site approval. Improvements are intended to upgrade the insufficient aeratiQn and disinfection capacities of the currently approved hydraulic capacity of 0. 336 mgd, while providing additional treatment. capacity improvements to accommodate the requested hydraulic capacity of 0.500 mud. (Attach a separate sheet of paper if necessary) B. If the facility will be located on or adjacent to a site that is owned or managed by a federal or state agency, send the agency a copy of this application for the agency's review and recommendation. WQCD-3b(Revised 2/99) 2 of. 4 APPLICATION FOR SITE APPROVAL FOR MODIFICATION!EXPANSION OF EXISTING TREATMENT PLANT C. Recommendation of governmental authorities: Please address the following issues in your recommendation decision. Are the proposed facilities consistent with the comprehensive plan and any other plans, policies, and/or regulations for the area, including the 201 Facility Plan or 208 Water Quality Management Plan,as they affect water quality? If you have any further comments or questions, please call (303)692-3500. Recommend Recommend Signature of Date Approval Disapproval Comment Representative) 1. (0 7ana (Wel County 2. /� 9 Cep[. (If site is inside boundary) 7C3: ( i /14-X r (N/A) 3. (COCA yeti PLC Lec-oi tech) ✓ County(II site Is outside municipal boundary) G �) (Weld County) 4. (7(!q l / S _�a��__� Local Health Authority (Weld County Health) 5. Water Quality Planning Agency (NFRWQPA) I certify that I am familiar with the requirements of the "Regulations for Site Applications For Domestic Wastewater Treatment Works". An engineering report, as described by the regulations, has been prepared and is enclosed. DATE �7 Earl H. Smith_, P.E. Signature of Applicant Typed Name public Works. Director 5-MILE RADIUS MAP ATTACHMENT TO APPLICATION FOR SITE APPROVAL FOR MODIFICATION/EXPANSION OF AN EXISTING DOMESTIC WASTEWATER TREATMENT PLANT • CITY OF GREELEY JC i ,iqs LIFT STATION(TYP) = �'os z vain . Film — p . -G7 All >I • , _ • •, aileill ii --r1 .. _Ar....i9j. f� r r rdt ti_ 31�i�- G—� 7 ^ 1 . e...sa' r )ar a.. of el CITY OF r- 1 -- .d.„,_ au -b im.t1 c r 4',,, ,,i LAM�°�► I a ICI I4IP EVAN'. ---- ;41- NMI*4.-) '''' aarc,-7--mc---tee, Ar'eg? g --- �• �l v it °El 1� 1 +� rr':�'`' TOWN OF' 1 _ '\`s JSØt!!L Id`r W W'CP •`ate ,�o M a ,yak rl% Aw-'� _ �� _ •:��` a TOWN OF 0 //- �. „Li, :� LA SALLE I'll r � ��, LIFT �� / l �I .� /tit r ` STATION (TYP.)N C rr� / BILL-N-PARKWr7 ii�ra;j -- WASTEWATER FIT" r TREATMENT �. ��` �'' i j ,.-44 IL ,PLANT 1./ 5`,.,„ , min 1 0 1 2 3 4 5 1 hV 4•0 \ ..I ( 1 I.` a `o' 1 N. © a m • 7 v l \ qs \ o U aa lt x 0 es- 'N \ IL . it . It iiii bb Zp4 0 1._ V ' gt CD E--c I_L 7,Tir F. , o yLa ygiL AdOO ¢ ..142 ? . -Si a ,34.. W W �'. ( .,�� i . )il t.� 13 '. 7� F i 1 • �� . p n bit II i • - h t U NI T t r "mail L-' P^ z '' U ) I r r 3III \g 1 w <' 1I` '1 mt ¢ Q y' re' k 1O >a 0 f�' — H O r • N ,'i I v �� a H Mfriss r �l lei�1i I INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF EVANS, COLORADO, AND THE HILL N'PARK SANITATION DISTRICT a-h THIS AGREEMENT is made this.I2 day of 1997, by and between THE CITY OF EVANS, COLORADO, a home rule municipality ("Evans"), and THE HILL N' PARK SANITATION DISTRICT('District"), a political subdivision of the State of Colorado, acting by and through its duly authorized Board of Directors, for the operation, maintenance, improvement, and enlargement of the Hill N Park sewage treatment plant and the sanitary sewer system constructed and currently operated by the District. WHEREAS, pursuant to C.R.S. §29-I-203, governments(including any political subdivision of the State) may cooperate or contract with one another to provide any function, service, or facility lawfully authorized to each of the cooperating or contracting units of government; and WHEREAS, pursuant to C.RS. §31-15-710, a municipality has the power to construct, reconstruct, improve, better, and extend sewerage facilities and sewage treatment works wholly without the municipality; and WHEREAS, pursuant to C.RS. §31-35-402, a municipality has the power to operate and maintain sewerage facilities for its own and the use of public and private consumers without the territorial boundaries of the municipality and to enter into joint operating agreements, contracts, or arrangement with consumers concerning sewerage facilities and to enter into and perform contracts, not exceeding fifty years, with any consumer for the provision and operation by the municipality of sewerage facilities; and WHEREAS. Evans presently furnishes treated water to consumers within the District and to other consumers outside the District who are furnished sewerage and sewage treatment by the District; and WHEREAS., growth in the future service area of Evans has created a demand for improved and expanded sewerage and sewage treatment by the Hill N Park sewage treatment plant; and WHEREAS,Evans and the District have a common interest in providing sewerage facilities and sewage treatment works to meet present and future needs of customers within the future service area of Evans; and Page 1 of 9 WHEREAS, Evans has the staff and expertise to operate, maintain, improve, and expand the Hill N Park sewage treatment plant and sewerage facilities, as more fully set forth herein; and WHEREAS, Evans and the District are agreeable to entering into a long-term contract for the operation, maintenance, improvement, and expansion of the Hill N' Park sewage treatment plant and sewerage facilities by Evans through an intergovernmental agreement; and WHEREAS, the parties are desirous of reducing the understandings, terms and conditions of said agreement to writing; NOW, THEREFORE, IN CONSIDERATION of the mutual covenants, undertakings, terms, and conditions contained herein, the parties agree as follows: 1. Definitions. The terms used herein are defined as follows: a. "Evans" shall refer to the City of Evans and any authorized representative thereof. b. "District" shall refer to the Fill N'Park Sanitation District and any authorized representative thereof. c. "Hill N Park sewage treatment plant" shall refer to the sewage treatment plant constructed and currently operated by the District. 2. Evans hereby agrees, under the conditions hereinafter sets forth, to: a. operate, maintain, improve, and expand the District's sanitary sewer system; b. issue all permits for connection to the District's sanitary sewer system or to the Hill N Park sewage treatment plant; c. operate, maintain, improve, and expand the Hill N Park sewage treatment plant; d. treat sewage originating from the District's sanitary sewer system within the area presently served by the District, as indicated in the descriptions attached hereto marked Exhibit A e. treat sewage originating from consumers for whom the District has agreed to process sewage; f. treat sewage originating from new consumers located outside the District pursuant to contracts approved by Evans; and g• bill and collect directly from consumers for all applicable rates, fees, tolls, and charges associated with the operation, maintenance, improvement, and enlargement of the District's Page 2 of 9 sanitary sewer system and the Hill N Park sewage treatment plant, including necessary operating expenses for the District. The District specifically agrees that during the term of this agreement and any renewal thereof, no connections to the District's sanitary sewer system or to the Hill N Park sewage treatment plant shall be permitted except as provided in this agreement. 3. The District hereby agrees, under the conditions hereinafter set forth, to: a. leice to Evans for one dollar for the term of this agreement, and any renewal thereof,the Hill N Park sewage treatment plant, the land on which the Hill N Park sewage treatment plant is located, and all inlets, drainage or disposal lines, intercepting sewers, storm and sanitary sewers, outfall sewers, all pumping, power, and other appurtenances, including any extensions, improvements, remodeling, additions, and alterations thereof, and any and all rights or interests of the District in such sewage facilities owned by the District; and b. lease to Evans at nominal cost any land owned by the District which is needed for the improvement or expansion of the Frill N Park sewage treatment plant. 4. Evans shall prepare a plan to improve and expand the District' sanitary sewer system and the Frill N Park sewage treatment plant which shall be presented to the Board of Directors of the District for approval. When approved by the Board of Directors, the plan shall become a part of this agreement. 5. Ownership of the improvements to the Hill N Park sewage treatment plant shall be in Evans. If this agreement is terminated, improvements shall be conveyed to the District if such improvements have been fully paid for by users of the Hill N Park sewage treatment plant. 6. Upon approval of the plan, the District shall transfer to Evans all cash and tap fees which it has reserved for improvement of the Hill N Park sewage treatment plant, and Evans shall proceed to improve and expand the District's sanitary sewer system and the Hill N Park sewage treatment plant in accordance with the plan, subject to the availability of funds transferred by the District and collected from users of the Hill N Park sewage treatment plant. 7. Users of the Hill N Park sewage treatment plant shall pay the total cost to improve and expand the District's sanitary sewer system and the Hill N Park sewage treatment plant, less such funds transferred to Evans in accordance with the preceding paragraph. Page 3 of 9 8. The award of all construction contracts to improve and expand the District's sanitary sewer system and the Hill N Park sewage treatment plant shall be made by Evans. Such contracts shall be administered, during the course of construction, by the Evans Director of Public Works. 9. The Board of Directors of the District shall take all actions within its powers deemed necessary by Evans to establish standards for the operation of the District's sanitary sewer system in accordance with this agreement, to control influent to the frill N Park sewage treatment plant, and to do all other things necessary to enforce effluent standards that shall comply with existing state and federal standards and carry out the purposes of this agreement. 10. The:District covenants and agrees that it will levy any taxes necessary to enable it to generate funds to make payments required under the terms of this agreement and any renewal thereof. 11. The District agrees that all applicable Code provisions and rules and regulations of Evans, including amendments thereto, during the term of this agreement, and any renewal thereof, shall be the standards for the operation of the District's sanitary sewer system. 12. Evans shall issue all permits for connection to the District's sanitary sewer system or to the Hill N'Park sewage treatment plant. Evans' permitting requirements for sanitary sewers shall be followed in issuing such permits and taps. All plans, specifications, and methods of work within the District shall be submitted to Evans and approved by Evans prior to any construction or tap in the District's approved area. 13. The District has obtained a permit for the discharge of pollutants from the]Till N Park sewage treatment plant under the provisions of the Clean Water Act, 33 U.S.C. §1251, Jet see and State law, and the District represents that the frill N' Park sewage treatment plant is currently in compliance with its discharge permit. The District agrees to furnish or provide any records necessary to comply with its discharge permit. The District further understands that Evans will be subject to continuing Federal and State statutory and regulatory control in the operation of the ]Bill N Park sewage treatment plant which may, subsequent to the date of this agreement, be changed, amended, or added to, and which may result in additional costs for the operation, maintenance, improvement, and expansion of the District's sanitary sewer system or the fl"lll N Park sewage treatment plant. 14. Should Evans determine that any discharge enters the sewer system contrary to governing laws, ordinances, statutes, rules, regulations, or permits, Evans may proceed at once to take whatever lawfiil means may be necessary to rectify any such problem or condition. The Board of Directors hereby authorizes Evans to act as its agent for the purposes of conducting any Page 4 of 9 enforcement activities to control influent to the Hill N' Park sewage treatment plant and to enforce effluent standards to comply with State and Federal standards. 15. Evans shall have the right to allocate service under this contract, and Evans may deny additional service for any utility-related reason, but in no event will Evans terminate any service without cause. Evans shall have the right to disconnect service to any area annexed by the District when such annexation takes place without prior written approval by Evans. 16. Evans shall prescribe, revise, impose, and collect, in advance or otherwise, from all consumers who are furnished sewage treatment by the Hill N' Park sewage treatment plant or from any owner or occupant of real property connected to the Hill N Park sewage treatment plant or to sanitary sewer facilities of the District, rates, fees, tolls, and charges, or any combination thereof for the services furnished by, or the direct or indirect connection with, or the use of, such sewerage facilities, including, without limiting the generality of the foregoing, minimum charges, charges for availability of service,tap fees, disconnection fees, reconnection fees, and reasonable penalties on any delinquencies, reasonable attorneys'fees and other costs of collection, in accordance with C.R.S. §31- 35-402(1)(f). Such rates, fees, tolls, and charges shall include necessary operating expenses for the District. 17. Evans shall bill consumers and owners or occupants of real property directly for all applicable rates, fees, tolls, and charges for services furnished by Evans under this agreement. 18. This agreement does not offer, and shall not be construed as offering, sewage treatment service to the public generally or to any area outside the limits of the District's service area herein described, except as expressly agreed to by Evans. 19. This agreement may not be assigned, sold, or transferred by the District without Evans' written consent. 20. Should any federal or state law,rule, permit, or regulation, or should a decree or order of a court render void or unenforceable any provisions of this agreement, in whole or in part, if possible, the remainder shall be of full force and effect. 21. The District shall comply with the provisions of the Special District Act, C.R_S. §32-1- 101, t seq„ during the term of this agreement and any renewal thereof, provided, that if Evans deems it to be in the best interests of Evans and the people served by the District that the District be dissolved, and Evans agrees to assume responsibility for sewage treatment and sanitary sewage services provided by the District, the Board of Directors of the District shall file a petition of Page 5 of 9 dissolution with the court, and shall also promptly and in good faith, take the necessary steps to dissolve the District in accordance with law. Evans may refuse to serve a consumer or potential consumer, disconnect the service of any consumer, or take other appropriate action in the event of: a. nonpayment by such consumer of any rates, fees, tolls, or charges made by Evans for services under this agreement; b. any violation or noncompliance by such consumer with the terms of this agreement; or c. violation or noncompliance by such consumer with the laws, rules, permits, or regulations of the City, the United States government, including the EPA, the State of Colorado, including the Department of Health, or other law, rule, permit, or regulation applicable; and d. continued breach of the agreement by the District and/or its consumers shall be considered cause for Evans to terminate this agreement. Should the District fail to promptly rectify a breach of those provisions identified herein, after notice thereof, Evans may take such steps and do such work as it deems necessary to enforce this agreement, including litigation and specifically a right to injunction or specific performance against the District or any of its consumers as is nernccary to protect Evans' operations. The prevailing party shall be entitled to expenses and costs of suit, including attorneys'fees. 22. The rates for sewage treatment charged to consumers served by the Bill N' Park sewage treatment plant shall be established by Evans based upon the cost-of-service plus ten percent. The cost-of-service rates shall include necessary operating expenses for the District. The Board of Directors shall determine in each year the amount of money necessary for the operating expenses for the District, which shall be submitted to Evans for review and approval. The cost-of-service rates shall be reviewed amn,ally and adjusted in accordance with section 2.24.081 of the Evans Municipal Code. Evans shall pay the necessary operating expenses for the District upon presentment by the District to the extent of moneys available from cost-of-service rates. If the monies produced by the cost-of-service rates are not sufficient to pay punctually the necessary operating expenses for the District, Evans shall make such adjustments to the cost-of-service rates as may be necessary to pay such expenses. 23. The District specifically acknowledges and agrees that no rights to sewage treatment by Evans shall become vested as a result of such service. Further, the District shall not assert or claim any vested rights to continued service. Page 6 of 9 24. Evans shall not be liable for failure to operate or maintain the District's sanitary sewer system or the Hill N' Park sewage treatment plant when such failure is the result of any injunction, order,judgment of any court, State or Federal agency action, or when such failure is the result of a strike, eaa,alty, upset condition, mechanical or power failure, weather or flood conditions, or other cause beyond Evans reasonable control. 25. Both.Evans and the District are public entities, as that term is defined pursuant to the Colorado Governmental Immunity Act, CRS. §2410-101, et seq, The parties to this agreement have the benefits and responsibility enumerated in the Colorado Governmental Immunity Act. Each party shall defend any and all claims for injuries or damages pursuant to and in accordance with the requirements and limitations of the Colorado Governmental Immunity Act occurring as a result of negligent or intentional acts or omissions of the parties, their agents, employees, and assigns. In addition, Evans shall be responsible for any and all liability for injuries or damages caused by any negligent acts or omissions of Evans, its officers, employees, and agents performing functions or activities upon the property of the District. Until Evans has taken over complete operation and maintenance of the District's sanitary sewer system and the hill N' Park sewage treatment plant pursuant to this agreement, the District shall be responsible for any and all liability for injuries or damages caused by any negligent acts or omissions of the District, its officers, employees, and agents performing functions or activities in connection with the operation and maintenance of the District's sanitary sewer system and the Hill N' Park sewage treatment plant. The District shall provide adequate workmen's compensation insurance for all of its employees, agents, and assigns engaged in such activities and functions. Each party shall furnish the other party current certificates of insurance stating the coverages outlined above are in full force and effect. 26. The District, its directors, and employees agree to neither assert nor support any statement, policy, petition, rule-making, or legislation attempting to place the Hill N' Park sewage treatment plant under the rate-making authority or jurisdiction of the Colorado Public Utilities Commission by virtue of this intergovernmental agreement or otherwise. 27. In the interest of reliability and security, this agreement shall be for an initial term of twenty-five years from the date of its execution. After its initial term, this agreement shall be automatically renewed for successive ten-year terms, unless terminated as provided below. Page 7 of 9 28. In the event either party fails to meet the terms and conditions of this agreement, such failure shall constitute a default of this agreement and the non-defaulting party may immediately terminate this agreement, the effective day of termination being thirty days after the receipt of written notice of default by the defaulting party. Notice shall be either to the Evans City Manager or the Secretary of the District at 708 8th St., Greeley, CO 80631, or as the District may otherwise direct. Either party may cure any default during the aforesaid cure period. Upon cure of any default, this agreement shall remain in full force and effect. Nothing herein shall limit either party from collecting damages and amounts due from the other party upon termination of this agreement by default. 29. This agreement shall be interpreted pursuant to the laws of the State of Colorado. Venue to enforce this agreement shall be in Weld County. 30. This agreement shall be amended only in writing with the approval of the governing bodies of Evans and the District. This agreement shall be governed by, construed and enforced in accordance with Colorado law. 31. Should disagreements arise regarding the interpretation of any portion of this agreement,the parties agree to make efforts to resolve such disputes through negotiation; first, at the staff level; and second, with the Water and Sewer Board and/or the City Council of Evans and the Board of Directors cf the District. Procedures for such negotiations shall be established by mutual agreement at the time and may, with the concurrence of the parties, involve the use of qualified outside mediators. Any negotiations and resolution agreements reached therefrom must be within the legal authority granted to the parties by appropriate City Charter and/or State statutes, or shall be null and void. Notwithstanding anything to the contrary in this agreement, it is expressly agreed between the parties that this provision for dispute resolution does not apply to the powers granted the Evans water and sewer board pursuant to section 2.24.081 of the Evans Municipal Code, including but not limited to,the recommendation of minimum sewer rates to the Evans City Council. IN WITNESS WHEREOF, the parties have executed this agreement the day and year first above written. Al 1'EST: THE CITY OF S, O t y:� By City Clerk Mayor Page 8 of 9 Approved as to Substance: Approved as a Leg o'a : By: —�. By: lit l 724-4--7 Ity MaManiagaf City Attorney THE HILL N PARK SANITATION ATTEST: DIS By " �Z?� B Se yb cretary resident Page 9 of 9 ATTACHMENT TO SITE APPLICATION-ENGINEERING REPORT SUMMARY INTRODUCTION The Hill-n-Park Wastewater Treatment Plant (NPDES Permit No. CO-582012) is a two- cell lagoon facility that serves the Hill-n-Park Sanitation District (District). The primary features of the existing facility currently consist of influent flow measurement, one aerated pond, one settling pond and a chlorination facility. Since July of 1998, the City of Evans (City) has operated the Hill-n-Park Wastewater Treatment Plant for the Hi11-n- Park Sanitation District. The existing facility is insufficient in the areas of aeration and disinfection for the currently approved capacity of 0.336 million gallons per day. As such, and to bring the facility into compliance with the Colorado Department of Public Health and Environment's Design Criteria Considered in the Review of Wastewater Treatment Facilities (Policy 96-1), the City has submitted an Application for Site Approval for Modification/Expansion of an Existing Domestic Wastewater Treatment Plant on behalf of the District. This Site Application also requests an increase in the hydraulic and organic loading capacities for the facility in order to implement the improvements in the most economical manner and to accommodate the anticipated service area growth. SERVICE AREA PROJECTIONS The anticipated service area projections are provided below: Existing 2000 2005 2010 Po ulation 2,756 2,811 3,127 3,555 H draulic Loadin (m d) 0.200 0.210 0.250 0.302 Or anic Loadin (lbs BOD5/da ) 363 370 469 598 EFFLUENT LIMITATIONS It is anticipated that the effluent limitations for the facility will remain the same and the existing limitations. The effluent quality requirements, as presented in Permit No. CO- 582012, are provided below: Parameter 30-day Average 7-day Average Other Limits BOD5 (mg/1) 30 _ 45 N/A TSS (mg/1) 75 110 N/A Fecal Coliform Bacteria 2000 org/100 ml 4000 org/100m1 N/A Residual Chlorine (mg/1) N/A N/A 0.5 (max) pH (s.u.) N/A N/A 6.0 (min)/9.0 (max) Oil and Grease (mg/1) N/A _ N/A 10 (max) EXISTING FACILITY PERFORMANCE Although the aeration and disinfection capacities of the existing facility are below those typically necessary for a 0.336 mgd plant, the facility has occasionally been able to meet its effluent limitations. The current aeration capacity, as provided by the two, 15- horsepower high-speed floating surface units located in Cell No. 1, would be considered adequate to typically treat approximately 0.28 mgd. The existing chlorine contact basin,with an approximate volume of 7,450 gallons, is considered inadequate to treat the currently ,permitted average daily flow of 0.336 mgd. This determination is based upon the Policy 96-1 requirement that the basin provide a minimum contact time of 30 minutes at peak hourly flow, and uses an assumed peaking factor of 3.0. Based upon the current average daily flow of approximately 0.2 mgd, the existing basin provides approximately 18 minutes of contact time at current estimated peak hourly flows. The existing wastewater treatment facility fails to fulfill another Policy 96-1 requirement in regard to the number of cells and their operation. A pond system, in accordance with CDPHE design criteria, must consist of a minimum of three cells. In addition, the system piping and valves are to be installed to permit wastewater flows to be discharged directly to or from any cell, something the Hill-n-Park facility also lacks. ANALYSIS OF PROPOSED IMPROVEMENTS To fulfill CDPHE's Policy 96-1, regarding the three-cell system, and to improve the system piping and valving, the following improvements are being considered for the facility. 1) The accumulated biosolids from Cell No. 1 and Cell No. 2 will be removed and beneficially reused through land application. 2) The overall depth of Cell No. 2 will be increased from five feet to ten feet, creating an additional 372,000 cubic feet (2.8 million gallons) of treatment capacity, and increasing the total facility detention time to approximately 30 days at 0.5 mgd. 3) A third cell, serving as a settling basin ahead of the disinfection facility, will be constructed within the western portion of Cell No. 2 using a floating baffle/curtain. 4) The system piping and valving may be reconstructed to permit isolation of the cells and minimize short-circuiting of the flows within the cells. To fulfill the aeration capacity improvements required to accommodate a 0.5 mgd flow, two additional15-lorsepower high-speed floating surface aerators will be installed in Cell No. 2. Calculations (attached),based upon the high, low and average influent BOD5 loads, show that an average of 45 horsepower is required to provide sufficient aeration at the facility. Based upon these calculations, operating a minimum of three of the four, 15-horsepower aerators will provide sufficient aeration for the system, although all units 'will typically be operated. To address the limitations of the disinfection facility, the following improvements will be implemented. 1) The chlorine contact basin will be reconstructed to create a total capacity of approximately 31,250 gallons (calculations attached). This capacity will provide the 30 minutes of contact time required to meet the peak hourly flow for a wastewater facility rated for an average flow 0.5 mgd. 2) The method of disinfection will continue to be gaseous chlorine system, but the feed equipment will be replaced. 3) A dechlorination system may be necessary at the disinfection facility to combat the reactions that can occur between organic compounds and chlorine, and form toxic compounds. 4) The effluent flow metering equipment will be upgraded as part of the disinfection facility improvements. Following completion of the above described improvements, the influent and effluent flows will be monitored and compared to assess the amount of exfiltration/losses, if any, are occurring from the treatment system. Currently, the two flows closely correlate, suggesting little seepage is occurring from the piping or the cells. However, the possibility exists that the exfiltration could increase as a result of the biosolids removal from both cells and/or the excavation to increase the volume of Cell No. 2. If so, a reinforced polypropylene geomembrane liner will be installed on the floors and embankments of the lagoons. FINANCIAL SYSTEM CHANGES The City has indicated that the improvements can be funded using a number of options. These options include plant investment fee reserves, loans and/or grants. Depending upon the number of improvements constructed, and the specific costs associated with those improvements,The City has indicated an increase in sewer tap fees and/or sewer user rates may be necessary. IMPLEMENTATION PLAN AND SCHEDULE Based upon the completion date of the review process for the Application for Site Approval for Modification/Expansion of an Existing Domestic Wastewater Treatment Plant, the following implementation plan and schedule is anticipated. The overall project will be divided into to two primary projects, a biosolids removal and lagoon excavation project and a wastewater system improvements project. Weeks from Site Approval Wastewater System Improvements Project Design 9 Bidding 12 Contract Award and Processing 16 Project Completion 36 Biosolids Removal and Lagoon Excavation Project Design, including Permitting 13 Bidding 16 Contract Award and Processing 20 Project Completion 40 The biosolids removal and lagoon excavation project will include the removal, hauling and land application of the biosolids accumulated in each of the two cells, the excavation of the bottom of Cell No. 2 to provide additional treatment capacity and the installation of the floating baffle/curtain. It may also include the reconstruction of the system piping and valving. The wastewater system improvements project will include the installation of the high- speed floating surface aerators in Cell No. 2 and the construction associated with the disinfection system improvements. ® Project: City of Evans/Hill-n-Park Wastewater Treatment Facili j Sheet 1 of �/ JCObsonHe Dth Project No. 396-01 Computed by �� Date (1'Z°1�C 1 C O N S U l T A N T 5 Subject. Aeration Computations Checked by 3l-v+ Date oci/u/Qf 'Determine the aeration requirements. Flow 0.5 mgd Settling Basin Det. Time 3 d Inf.TSS 180 mg/I (not biologically degraded) Inf.BOD 260 mg/I Eff.BOO 20 mg/I Eff.TSS 50 mg/I (after settling) Kinetic coefs: V 0.65 Ks 100 mg/I k 6 /d kd 0.07 /d Total biologic solids produced are equal to computed volatile suspended solids divided by 0.8 1st-order BOD removal-rate constant k20: calculated 0.4 /d used 0.4 /d Summer air temp 80 F Winter air temp 50 F Wastewater temp 60 F Temp coef theta 1.06 Aeration constants: alpha 0.85 beta 0.95 Elevation 4680 ft (msl) Oxygen concentration to be maintained in liquid 1.5 mg/I Lagoon depth 10 ft (msl) Design mean cell-residence time theta c 30 d System volume 15 to Surface area 200521 cf Summer liquid temp 76.6 F Winter liquid temp 51.7 F Estimate soluble eff. BOD (summer) 2.7 mg/I Correct the removal-rate constant: Summer k 0.52 Winter k 0.25 Determine eff. BOD: Summer 16 mg/I Winter 30 mg/I Ratio of winter/summer 1.9 Estimate soluble eff. BOD (winter) 5.3 mg/I Estimate concentration of biological solids produced 54 mg/1 VSS i,,,,,,y,�,,,1��,p,,� Project: City of Evans/HIII-n-Park Wastewater Treatment Fac Sheet 2 of 2 0 1`a-` `n" `� Project No. 396-01 Computed by ��e Date w7r I CONSULTANTS Subject: Aeration Computations Checked by 7"a Date vvlu')yy Estimate the suspended solids in the effluent before settling 247 mg/I Estimate the oxygen requirement: Determine the amount of biosolids wasted per day 225 Ib/d (assumes conversion factor for BOD5 to BODL Determine oxygen requirements 1258 Ib/d is 0.68) Compute the ratio of oxygen required to BOD removed 1.17 Determine the surface aerator power requirements: Determine the correction factor for surface aerators for summer conditions: Oxygen saturation concentration at 21.2 degree C 8.87 mg/I Oxygen saturation concentration at 21.2 degree C corrected for altitude 7.54 mg/I Cs20 9.08 Correction factor 0.58 (assumes 2.0 lb Determine the field-transfer rate N 1.16 O2/hp-hr O2/hp-hr) Amount of O2 transferred per day per unit 27.9 lb O2/hp-d Power required to meet oxygen requirements 45.1 hp Project: City of Evans/Hill-n-Park Wastewater Treatment Facility Sheet 1 ff 11/ Jacobson Project No. 396-01 Computed by Date v(l "/ CONSULTANTS Subject: Chlorine Contact Basin Sizing Checked by -4-/VV\ Date u CfllYI 'Determine the volume of the CCB necessary to meet CDPHE Policy 96-1 design requirements. Avg. hydraulic loading rate: 500,000 gpd Assumed peaking factor: 3.0 for max. daily loading rate Max. daily loading rate: 1,500,000 gpd Min. CCB contact time: 30 minutes Min.CCB size: 31,250 gallons Therefore, the reconstructed CCB requires a volume of at least 31,250 gallons. Note: Volume of CCB can be reduced if dechlorination is not required and the volume of the discharge piping is included, but sampling will need to occur at pipe discharge. Hello