HomeMy WebLinkAbout2006 11 13 Consent 402 Shelley's Environmental Systems
COMMISSION AGENDA
ITEM 402
CONSENT
November 13, 2006
Meeting
MGR DEPT
Authorization
REQUEST: Utility Department Requesting Authorization to Continue to Use the Services of
Shelley's Environmental Systems for Domestic Wastewater Residuals hauling.
PURPOSE: The purpose of this Board item is to request approval to Piggyback off of the Toho
Water Authority Bid with Shelley's Environmental Systems to haul the City of Winter
Springs Liquid Wastewater Residuals at $0.039 per gallon and, in addition, authorize
Cake Wastewater Residuals at $442 per truck load to their disposal sites as required
in the City's FDEP wastewater operating permit.
CONSIDERATIONS:
This agenda item is needed to continue to dispose of domestic wastewater residuals
as required by the City of Winter Springs East and West Wastewater Operating permits
issued by the Florida Department of Environmental Protection (FDEP). The East and West
Wastewater Treatment Plants each are required to have Agricultural Use Plans for Domestic
Wastewater Residuals (sludge).
The plants generate sludge that is predominantly hauled off in liquid form (1% to 4%
solids), however, we do utilize the vacuum beds and/or sand beds to dewater the sludge
which is then in a cake form (12% to 15% solids). Both solid and liquid residuals are
disposed at specific sites (typically sod farms) managed by Shelley's Environmental Systems
in Osceola, V olusia, Sumter, and Seminole counties. The wastewater residuals requirements
section of the West operating permit is attached as an example. Approximately 500 tons (dry
weight) of wastewater sludge is generated each year.
The City has been contracting with Shelley's Environmental Systems (previously
known as Mid-Florida Environmental) of Zellwood for over 10 years. They provide
comprehensive annual reports for the disposal sites and are in full regulatory compliance.
November 13, 2006
Consent Agenda Item 402
Page 2
The proposed prices for FY 2007 for treated liquid sludge are $0.039 per gallon which is
increased from $0.03 in FY 2006. The $0.039 per gallon is the same price that was bid in the
Toho Water Authority contract for liquid sludge hauling. The proposed price for cake sludge
is $442 per 22 yard truckload. The Toho Water Authority bid did not include cake sludge.
Of the $175,000 budgeted for sludge disposal, approximately $20,000 is for cake sludge and
the remainder is for liquid sludge hauling. With the completion of the installation of the drum
thickener at the West plant this year, cake sludge hauling will be minimal.
FUNDING:
The Utility Department budgets $175,000 annually for sludge disposal in line code
3600-54320.
RECOMMENDATION:
It is recommended that authorization be granted to piggyback off of Toho
Water Authority's contract with Shelley's Environmental Systems to haul the City of
Winter Springs Liquid Domestic Wastewater Residuals at $0.039 per gallon and also
authorize the hauling of cake sludge at $442 per load.
IMPLEMENTATION SCHEDULE:
The changes will be implemented upon approval.
ATTACHMENTS:
1. Operating Permit Wastewater Residuals Requirements
2. Contract with Shelley's Environmental Systems
COMMISSION ACTION:
ATTACHMENT NO. 1
FACILITY:
PERMITTEE:
Winter Springs of West WWTF
City of Winter Springs
EXPIRATION DATE:
May 11, 2009
10. During the period of operation authorized by this permit, reclaimed water or effluent shall be monitored annually for the
primary and secondary drinking water standards contained in Chapter 62-550, F.A.C., (except for turbidity, total
coliforms, color, and corrosivity). Twenty-four hour composite samples shall be used to analyze reclaimed water or
effluent for the primary and secondary drinking water standards. These monitoring results shall be reported to the
Department annually on the Reclaimed Water or Effluent Analysis Report, Form 62-620.910(15), or in another format if
requested by the permittee and if approved by the Department as being compatible with data entry into the Department's
computer system. During years when a permit is not renewed, a certification stating that no new non-domestic
wastewater dischargers have been added to the collection system since the last reclaimed water or effluent analysis was
conducted may be submitted in lieu of the report. The armual reclaimed water or effluent analysis report or the
certification shall be completed and submitted in a timely marmer so as to be received by the Department by February I
of each year. [62-601.300(4)][62-601.500(3)J
11. The permittee shall submit an Annual Reuse Report using DEP Form 62-61O.300(4)(a)2. on or before January 1 of each
year. [62-610.870(3)]
12. The permittee shall maintain an inventory of storage systems. The inventory shall be submitted to the Department at
least 30 days before reclaimed water will be introduced into any new storage system. The inventory of storage systems
shall be attached to the annual submittal of the Annual Reuse Report. [62-61O.464(5)J
13. Unless specified otherwise in this permit, all reports and other information required by this permit, including 24-hour
notifications, shall be submitted to or reported to, as appropriate, the Department's Central District Office at the address
specified below:
Central District Office
3319 Maguire Boulevard Suite 232
Orlando, Florida 32803-3767
Phone Number - (407) 894-7555
FAX Number - (407) 897-2966
All FAX copies shall be followed by original copies. All reports and other information shall be signed in accordance
with the requirements of Rule 62-620.305, F.A.C. [62-620.305J
ll. RESIDUALS MANAGEMENT REQUIREMENTS
1. The method of residuals use or disposal by this facility is land application and/or transport to Shelley's Enviromnental
Systems or disposal in a Class I or II solid waste landfill.
2. The permittee shall be responsible for proper treatment, management, use, and land application or disposal of its
residuals. [62-640.300(5)]
3. The permittee will not be held responsible for violations resulting from land application of residuals if the permittee can
demonstrate that it has delivered residuals that meet the parameter concentrations and appropriate treatment
requirements of this rule and the applier (e.g. hauler, contractor, site manager, or site owner) has legally agreed in
writing to accept responsibility for proper land application of the residuals. Such an agreement shall state that the
applier agrees, upon delivery of residuals that have been treated as required by Chapter 62-640, F.A.C., that he will
accept responsibility for proper land application of the residuals as required by Chapter 62-640, F.A.C., and that the
applier agrees that he is aware of and will comply with requirements for proper land application as described in the
facility's permit.
[62-640.300(5)J
4. The permittee shall not be held responsible for treatment, management, use, or land application violations that occur
after its residuals have been accepted by a permitted residuals management facility with which the source facility has an
agreement in accordance with Rule 62-640.880(I)(c), F.A.C., for further treatment, management, use or land
application. [62-640.300(5)J
5. Disposal of residuals, septage, and other solids in a solid waste landfill, or disposal by placement on land for purposes
other than soil conditioning or fertilization, such as at a monofill, surface impoundment, waste pile, or dedicated site,
shall be in accordance with Chapter 62-701, F.A.C. [62-640. 100(6) (k) 3 & 4J
11
FACILITY:
PERMITTEE:
Winter Springs West WWTF
City of Winter Springs
PERMIT NUMBER:
EXPIRATION DATE:
FLAOlI067
May 11, 2009
6. Land application of residuals shall be in accordance with the conditions of this pennit, the approved Agricultural Use
Plan(s), and the requirements of Chapter 62-640, F.A.C. [62-640J
7. The domestic wastewater residuals for this facility are classified as Class B.
8. The pennittee shall achieve Class B pathogen reduction by meeting the pathogen reduction requirements in section
503.32(bX3) (Use ofPSRP) of TitIe 40 CFR Part 503, revised as of October 25,1995. [62-640.6oo(1)(b)J
9. The permittee shall achieve vector attraction reduction by meeting the vector attraction reduction requirements in section
503.33(bXI) (Reduce the mass of volatile solids by a minimum of38%) of TitIe 40 CFR Part 503, revised as of October
25, 1995. [62-640.6oo(2)(a))
10. Treatment of liquid residuals or septage for the purpose of meeting the pathogen reduction or vector attraction reduction
requirements set forth in Rule 62-640.600, F .A.C., shall not be conducted in the tank of a hauling vehicle. Treatment of
residuals or septage for the purpose of meeting pathogen reduction or vector attraction reduction requirements shall take
place at the permitted facility. [62-640.400(8))
11. The permittee shall sample and analyze the Class A or Class B residuals to monitor for pathogen and vector attraction
reduction requirements of Rule 62-640.600, F.A.C., and the parameters listed in the table below at least once every
twelve (12) months.
Total Nitrogen (Report only) % dry weight Not applicable
Total Phosphorus (Report only) % dry weight Not applicable
Total Potassium (Report only) % dry weight Not applicable
Arsenic 75 mg/kg dry weight 36.6 pounds/acre
Cadmium 85 mg/kg dry weight 34.8 pounds/acre
Copper 4300 mg/kg dry weight 1340 pounds/acre
Lead 840 mglkg dry weight 268 pounds/acre
Mercury 57 mglkg dry weight 15.2 pounds/acre
Molybdenum 75 mglkg dry weight Not applicable
Nickel 420 mglkg dry weight 375 pounds/acre
Selenium 100 mglkg dry weight 89.3 pounds/acre
Zinc 7500 mglkg dry weight 2500 pounds/acre
pH (Report only) standard units Not applicable
Total Solids (Report only) % Not applicable
[62-640.650(1), 62-640.700(1), 62-640. 700(3) (b), and 62-640.850(3))
Residuals samples shall be taken at the monitoring site locations described below:
12
FACILITY:
PERMITTEE:
Winter Springs West WWTF
City of Winter Springs
PERMIT NUMBER:
EXPIRATION DATE:
FLA011067
May 11,2009
12. Sampling and analysis shall be conducted in accordance with Title 40 CFR Part 503, section 503.8 and the U.S.
Environmental Protection Agency publication - POTW Sludge Sampling and Analysis Guidance Document. 1989. In
cases where disagreements exist between Title 40 CFR Part 503, section 503.8 and the POTW Sludge Sampling and
Analysis Guidance Documenb the requirements in Title 40 CFR Part 503, section 503.8 will apply. [62-640.650(1), 62-
640.700(1), 62-640. 700(3) (b), and 62-640. 850(3)J
13. Grab samples shall be used for pathogens and determinations of percent volatile solids. Composite samples shall be
used for metals. [62-640.650(1)(e))
14. Residuals shall not be land applied if a single sample result for any parameter exceeds the ceiling concentrations given in
this permit. Residuals shall not be distributed and marketed if the monthly average of sample results for any parameter
exceeds the Class AA parameter concentrations given in this permit. Monthly averages of parameter concentrations
shall be determined by taking the arithmetic mean of all sample results for the month. [62-640. 650(1)(/)J
15. The permittee shall submit the results of all residuals monitoring with the permittee's Discharge Monitoring Report
under Chapter 62-601, F.A.C. The analytical results from each sampling event shall be submitted with the report for the
month in which the sampling event occurs. [62-640.650(3)(a)&(e)]
16. Class B residuals shall not be used on unrestricted public access areas. Use of Class B residuals is limited to restricted
public access areas such as agricultural sites, forests, and roadway shoulders and medians. [62-640.600(3)(b))
17. Plant nursery use of Class B residuals is limited to plants which will not be sold to the public for 12 months after the last
application of residuals. [62-640. 600(3) (b) 1.]
18. Use of Class B residuals on roadway shoulders and medians is limited to restricted public access roads. [62-
640. 600(3) (b)2.]
19. Food crops, feed crops, and fiber crops shall not be harvested for 30 days following the last application of Class B
residuals. [62-640. 600(3) (b) 6.]
20. Food crops with harvested parts that touch the residuals/soil mixture and are totally above the land surface shall not be
harvested for 14 months after the last application of Class B residuals. [62-640. 600(3)(b )3.]
21. Food crops with harvested parts below the surface of the land shall not be harvested for 20 months after application of
Class B residuals when the residuals remain on the land surface for four months or longer before incorporation into the
soil. [62-640.600(3)(b)4.]
22. Food crops with harvested parts below the surface of the land shall not be harvested for 38 months after application of
Class B residuals when the residuals remain on the land surface for less than four months before incorporation into the
soil. [62-640.600(3)(b)5.]
23. Animals shall not be grazed on the land for 30 days after the last application of Class B residuals. [62-640. 600(3) (b) 7.]
24. Sod which will be distributed or sold to the public or used on unrestricted public access areas shall not be harvested for
12 months after the last application of Class B residuals. [62-640. 600(3)(b )8.]
25. The public shall be restricted from application zones for 12 months after the last application of Class B residuals. [62-
640. 600(3) (b)J
26. Residuals that do not meet the requirements of Chapter 62-640, F.A.C., for Class AA designation shall not be used for
the cultivation of tobacco or leafy vegetables. [62-640.400(7)]
13
FACILITY:
PERMITTEE:
Winter Springs West WWTF
City of Winter Springs
PERMIT NUMBER:
EXPIRATION DATE:
FLA011067
May 11,2009
27. Current Agricultural Use Plan(s) identify residuals landspreading on the following sites:
High Acres
Cresent 0 Ranch
Beasley Ranch
He I Ranch
The wastewater treatment facility permittee shall apply for a minor permit revision on DEP Form 62-620.910(9) for
new, modified, or expanded residuals land application sites. The facility's permit shall be revised to include the new or
revised Agricultural Use Planes) prior to application of residuals to the new, modified, or expanded sites, unless all of
the following conditions are met:
a) The permittee notifies the Department within 24 hours that the site is being used;
b) The site meets the site use restrictions of Rule 62-640.600(3), F.A.C, and the criteria for land application of
residuals in Rule 62-640.700, F.A.C.;
c) The permittee submits a new or revised Agricultural Use Plan for the site with a permit application in
accordance with Rule 62-640.300(2), F.A.C., within 30 days of beginning use of the site;
d) The permittee does not have another approved land application site, another approved disposal method (e.g.
landftlling or incineration), or approved storage facilities available for use; and,
e) The permittee demonstrates during permit application that application of additional residuals to an existing
approved application site would have resulted in violation of Department rules, or was not possible due to
circumstances beyond the permittee's control.
[62-640.300(2)&(3))
28. Residuals application rates are limited to agronomic rates based on the site vegetation as identified in the Agricultural
Use Plan. [62-640.750(2))
29. Residuals shall be applied with appropriate techniques and equipment to assure uniform application over the application
zone. [62-640.700(2)(c))
30. The spraying of liquid domestic wastewater residuals shall be conducted so that the formation of aerosols is minimized.
[62-640.700(2)(d))
31. Residuals storage facilities at land application sites shall be subj ect to applicable setback requirements for residuals
application sites. Residuals stored at land application sites shall be stored in a manner that will not cause runoff or
seepage from the residuals, objectionable odors, or vector attraction. Storage areas must be fenced or otherwise
provided with appropriate features to discourage the entry of animals and unauthorized persons. At the time of
application, the stored residuals must meet the parameter concentrations, pathogen and vector attraction reduction
requirements, and cumulative application limits of this permit. Residuals storage facilities at land application sites may
be used only for temporary storage of stabilized residuals for no more than 30 days during periods of inclement weather
or to accommodate agricultural operations, or up to the period (not to exceed two years) specified in the Agricultural
Use Plan. [62-640.700(2)(e)J
32. Residuals application sites shall be posted with appropriate advisory signs identifying the nature of the project area.
[62-640.7oo(2)(/)J
33. The pH of the residuals soil mixture shall be 5.0 or greater at the time residuals are applied. At a minimum, soil pH
testing shall be done annually. [62-640.700(5)(d)]
34. The permittee shall maintain records of application zones and application rates and shall make these records available
for inspection within seven days of request by the Department, or delegated Local Program. The permittee shall
maintain record items a. through e. below in perpetuity, and maintain record items f. through k. for five years:
a. Date of application of the residuals;
b. Location of the residuals application site as specified in the Agricultural Use Plan;
14
FACILITY:
PERMITTEE:
Winter Springs of West WWTF
City of Winter Springs
PERMIT NUMBER:
EXPIRATION DATE:
FLA011067
May 11,2009
c. Identification of each application zone used by the permittee at the application site and the acreage of each zone;
d. Amount of residuals applied or delivered to each application zone;
e. Cumulative loading of each application zone;
f. The names of all other wastewater facilities using each of the application zones identified in item c.;
g. Method of incorporation (if any);
h. Measured pH of the residuals soil mixture at the time the residuals are applied (tested at least annually);
1. Unsaturated depth of soil above the water table level at the time of application;
J. Concentration of parameters in the residuals as required by this permit, and the date of last analysis; and
k. The results of any soil testing that is done under Rule 62-640.500(4)(a), F.A.C.
[62-640.650(2)]
35. The permittee shall submit an annual summary of residuals application activity to the Central District Office on
Department Form 62-640.21O(2)(b) for all residuals applied during the period of January 1 through December 31. The
summary for each year shall be submitted by February 19 of the following year. If more than one facility applies
residuals to the same application zones, the Summary must include a subtotal of each facility's contribution of residuals
to the application zones. [62-640.650(3)(b)J
36. If residuals that are subject to the cumulative loading limitations of Rule 62-640.700(3), F.A.C., have been applied to an
application zone, and the cumulative loading amount of one or more of the pollutants is not known, no further
applications of residuals may be made to that application zone. [62-640.700(3){f)J
37. A minimum unsaturated soil depth of two feet above the water table level is required at the time the residuals are applied
to the soil. [62-640.700(6)(a)J
38. Residuals shall not be applied during rains that cause flllloff from the site or when surface soils are saturated. [62-
640.700(7)(a)]
39. Land application of "other solids" as defmed in Chapter 62-640, F.A.C., is only allowed if specifically addressed in the
Agricultural Use Plan(s) approved for this facility. Land application of "other solids" is subject to Chapter 62-640,
F.A.C., and the permit conditions that apply to land applied residuals. [62-640.860J
40. If the permittee intends to accept residuals from other facilities, a permit revision is required pursuant to Rule 62-
640.880(2)(d), F.A.C. [62-640.880(2)(d)]
41. The permittee shall keep hauling records to track the transport of residuals between facilities. The hauling records shall
contain the following information:
Source Facility
1. Date and Time Shipped
2. Amount of Residuals Shipped
3. Degree of Treatment (if applicable)
4. Name and ID Number of Residuals
Management Facility or Treatment Facility
5. Signature of Responsible Party at Source Facility
6. Signature of Hauler and Name of Hauling Firm
Residuals Management Facility or Treatment Facility
1. Date and Time Received
2. Amount of Residuals Received
3. Name and ID Number of Source Facility
4. Signature of Hauler
5. Signature of Responsible Party at Residuals Management Facility or Treatment Facility
These records shall be kept for five years and shall be made available for inspection upon request by the Department. A
copy of the hauling records information maintained by the source facility shall be provided upon delivery of the
residuals to the residuals management facility or treatment facility. The permittee shall report to the Department within
24 hours of discovery any discrepancy in the quantity of residuals leaving the source facility and arriving at the residuals
management facility or treatment facility. [62-640.880(4)]
42. Storage of residuals or other solids at the permitted facility shall require prior written notification to the Department if
the storage lasts longer than 30 days. [62-640.300(4)J
15
ATTACHMENT NO. 2
Shelley's Environmental Systems
P. O. Box 249, Zellwood, Florida 32798-0249
Orange County (407) 889-8042
Lake County (352) 383-5775
Seminole County (407) 330-4982
Sumter County (352)793-8484
Fax (407) 889-4408
CONTRACT
HAULING, TREATMENT AND LAND APPLICATION OF
DOMESTIC WASTEWATER RESIDUALS
This "CONTRACT" for Hauling, Treatment and Land Application of Domestic
Wastewater Residuals" ("CONTRACT") and as an addendum to the existing
contract that piggy-backs TOHO WATER AUTHORITY dated JULY 1, 2006 is
made and entered into this 15th day of NOVEMBER 2006, by and between
Shelley's Septic Tanks, Inc. d/b/a! Shelley's Environmental Systems, P.O. Box
249, Zellwood, Florida 32798-0249, hereinafter referred to as "SES" and CITY
OF WINTER SPRINGS-WEST, FACILITY 10: FLA011067 thereinafter referred
to as the "GENERATOR".
WHEREAS, SES is the owner and operator of a Residuals Management
Facilities ("RMF"), and said RMF has been approved and is operating under
Florida Department of Environmental Protection ("FDEP") permits, and
Whereas, the GENERATOR owns and operates a Wastewater Treatment Facility
0f'NVTF), located at 1000 WEST STATE ROAD 434, WINTER SPRINGS
FLORIDA, 32708, SEMINOLE COUNTY and has a need to treat and/or land
apply residuals generated at the VV\NTF by the GENERATOR, and
Whereas, SES is responsible for maintenance and operations of an RMF in
compliance with 40 CFR Part 503, Chapter 62-640, F.A.C., FDEP Permit
#FLA016177, and to the full extent of all rules and regulations applicable by
federal, state and local governing bodies, all of which as may be amended from
time to time, and
Whereas, as a condition precedent to obtaining a valid operating permit for the
RMF, FDEP requires SES to file Agricultural Use Plans whereby SES certifies
that their residuals shall be applied only on sites for which an Agricultural Use
Plan has been approved by the FDEP.
Now therefore, and in consideration of the mutual terms, covenants and
conditions to be complied with on the part of the respective parties hereto, it is
agreed as follows:
1. The following SES FDEP permit (the "SES Permit"), as may be amended
from time to time, are incorporated herein and made a part hereof by
reference:
. FLA 016177 (Shelley's RMF)
2. By and through the SES Permit, SES has a total capacity of 1.572 million
Gallons per day (UMGD") available for residuals treatment.
3. Nothing in this CONTRACT shall supersede or take precedence over the
obligations and responsibilities of each party to operate and maintain their
facilities in compliance with all applicable rules and regulations.
4. The GENERATOR hereby covenants and agrees:
A. To provide a chemical analysis of the wastewater residuals
proposed to be land applied as treated residuals prior to the initial
hauling of the residuals, and to provide updated and additional
residuals analyses in compliance with the frequency and schedule
stated in the GENERATOR's \fINIITF permit, Chapter 62-640,
F.A.C., and other applicable rules of the State of Florida.
B. To pay a fee designated in this CONTRACT for transport, treatment
and/or land application (the "Residuals Fee").
C. That residuals will meet all chemical criteria as stated in 40 CFR
part 503, 62-640, F.A.C., and any other applicable rules and
regulations of federal, state or local governing bodies.
D. To make application (including payment of associated fees) to the
FDEP for any modifications to GENERATOR's permit. that may be
required with the initiation of this CONTRACT.
E. To save and hold harmless SES from any actions and/or penalties
associated with the conditions and requirements of the
GENERATOR's permit or other federal, state and local rules and
regulations, except to the extent that such responsibilities are
undertaken by SES as specifically stated under this CONTRACT.
F. Provide SES with a certified manifest of the residuals being
delivered.
Furthermore, the GENERATOR warrants that the residuals delivered to SES
shall not contain, hazardous, toxic, industrial or radioactive waste or prohibited
substances except as permitted by applicable rules and regulation of federal,
state or local governing bodies.
5. SES hereby covenants and agrees:
A. To maintain, monitor and operate their residuals application sites in
accordance with 40 CFR Part 503, 62-640, F.A.C. and any other
applicable federal, state and local laws, permits or regulations.
B. To maintain and operate their RMF in accordance with 40 CFR Part
503, 62-640, F,AC. and any other applicable federal, state and
local laws, permits or regulations.
C. To accept all responsibility and save and hold harmless
GENERATOR from any actions and/or penalties for the proper
transportation, treatment and/or land application of the residuals as
required by 40 CFR Part 503, 62-640, F.A.C. and any other
applicable federal, state and local laws, permits or regulations, and
for other actions of SES pursuant to this contract.
D. To provide for the hauling of the residuals from the GENERATOR,
and for the transport to the residuals application site or to the RMF
for acceptance, treatment and application as may be required, all
pursuant to applicable federal, state and local laws, permits and/or
regulations. This includes the clean up of any spills or accidents as
a result of the transporting of the residuals. SES shall save and
hold harmless GENERATOR for all liability arising under these
activities.
E. To maintain a record of the total quantity of residuals land applied,
to file with the FDEP a summary as required by the licensing permit
issued to SES and to provide the necessary Agricultural Use Plan
as required by FDEP under Chapter 62-640, F.A.C.
6. The quality of residuals for land application under the SES Permits, are at
a minimum, Class B stabilized as defined in 40 CFR Part 503 and 62-640,
F.A.C.
7. SES currently and will during the term of the CONTRACT have the
availability of capacity to handle the agreed upon amount of residuals
transported as described herein.
8. The initial term of this CONTRACT shall be for one year (INITIAL TERM),
which shall expire one year from the date of execution. Upon the
expiration date, and each subsequent anniversary thereof, the
CONTRACT will automatically renew for an additional one year term
unless either party gives written notice of cancellation by Certified Mail no
less than thirty (30) days prior to the expiration date of the then current
term.
9. In the event it should become necessary for either party to retain the
services of an attorney to enforce any provision of this CONTRACT, both
parties agree that the cost of any legal proceedings and reasonable
attorney's fees, including any attorney fees and costs incurred as a result
of any proceedings shall be paid by the party that does not prevail, or if
comparative fault is found, then pursuant to the determination of the court.
10. SES will invoice the GENERA TOR daily for loads hauled. Payment
shall be made within THIRTY (30) days of the invoice date.
11. For purposes of this CONTRACT, fuel costs were calculated at $1.50 per
gallon (the "Threshold Price"). In the event fuel costs increase above the
Threshold Price by $0.02 per gallon, and thereafter in $0.01 increments, a
"Fuel Surcharge" will be added to the Residuals Fee. The Fuel Surcharge
will be calculated by using the following formula:
. Round Trip Miles (RTM) I SMiles Per Gallon (MPG) x $0.02, $0.03,
$0.04 etc. = Fuel Surcharge Per Truck load (FSTl)
Example:
. 100 RTM /5 MPG x $0.02 = $0.40 FSTl
Fuel Surcharge's will be eliminated when fuel prices fall back to the
Threshold Price.
12. The Residuals Fee for liquid treated at SES RMF will be charged at the
rate of $0.13 per gallon with a 6000..gaUon minimum, or $780.00 per
load. Treated liquid directly land applied to a FDEP approved AG site will
be at the rate of $0.039 per gallon with a 6000-gallon minimum, or
$234.00 per load. Should this facility generate dewatered sludge the rate
would be $442.00 per load for treated dewatered sludge directly land
applied to a FDEP approved AG site and $845.00 per load for treated
dewatered sludge at SES RMF. Prices are subject to change upon the
completion of the Initial Term of the CONTRACT and each renewal term
thereafter.
&4V) U
10-27-06
Shelley's Septic Sy t ms,lnc. Date
d/b/a/ Shelley's Envi onmental Systems
By: J. David Shelley, Jr.
Its: President
City of Winter Springs West
Date
By:
Its:
CC: FOEP - Central District