HomeMy WebLinkAboutCompostUSA of Sumter County, LLC - Second Addendum to Biosolids Treatment Agreement 2018 12 11 SECOND ADDENDUM TO BIOSOLIDS TREATMENT AGREEMENT
THIS SECOND ADDENDUM TO BIOSOLIDS TREATMENT AGREEMENT (the "Second
Addendum to Biosolids Treatment Agreement" or"Second Addendum")is made and entered into on
this A of December, 2018 by CompostUSA of Sumter County, LLC, a Florida limited liability
company, whose address is 17550 Cobblestone Lane, Clermont, Florida 34711 (herein "Treatment
Facility"),and the CITY OF WINTER SPRINGS,a Florida municipal corporation whose address is 1126
E. State Road 434,Winter Springs,Florida 32708(herein"Source Facility").
RECITALS
WHEREAS, Source Facility is a public entity that produces biosolids from wastewater treatment
activities and desires to enter into a Second Addendum with Treatment Facility further extending the to
of a previously entered Treatment Agreement for the treatment of said biosolids;and
WHEREAS, Treatment Facility is the operator of a Residuals Management Facility (RMF), and said
RMF has been approved and is operating under a Florida Department of Environmental Protection
(FDEP)permit(Facility ID: FLA841692);and
WHEREAS, Treatment Facility is responsible for the maintenance and operations of an RMF in
compliance with 40 CFR Part 503, Chapter 62-640, F.A.C., FDEP Permit #FLA841692, and all other
applicable local,state,and federal laws and regulations; and
WHERAS, a biosolids treatment management facility such as Treatment Facility shall be responsible for
proper treatment, management, use, land application, and disposal of biosolids it accepts from a Source
Facility according to the requirements of Chapter 62® ,F.A.C.;
WHEREAS, Source Facility shall not be held responsible for treatment, management, use, land
application or disposal violations that occur after its biosolids have been accepted by a permitted biosolids
Treatment Facility in accordance with Section 62-640.880(1)(c);and
WHEREAS, as a condition precedent to obtaining a valid operation permit for the RMF, FDEP requires
Treatment Facility to file a Facility Management Plan whereby Treatment Facility certifies that their
residuals shall be composted to meet Class AA standards; and
WHEREAS, Treatment Facility has entered into a separate agreement with P&H Senesac, Inc.
("Transportation Company"), to accept biosolids that have been generated by Source Facility and
dewatered and transported by Transportation Company; and
WHEREAS, the Source Facility and Treatment Facility previously entered into a Treatment Agreement
for the treatment and disposal by Treatment Facility of biosolids produced by Source Facility wastewater
treatment activities; and
WHEREAS, by written Addendum,the Source Facility and Treatment Facility extended the to of said
Treatment Agreement for a one (1) year renewal to as authorized by Section 6.0 of said Treatment
Agreement;and
WHEREAS,the to of said Addendum terminates at 11:59 PM on December 16,2018;and
Second Addendum to Biosolids Treatment Agreement
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WHEREAS,the Source Facility and Treatment Facility desire to again extend the term of said Treatment
Agreement for a one (1) year renewal term as authorized by Section 6.0 of said Treatment Agreement;
and
WHEREAS, Treatment Facility has a total capacity of 1750 tons per week available for residuals
treatment;and
NOW THEREFORE, in consideration of the mutual covenants herein contained and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties above
named hereby agree as follows:
1.0 Recitals. The foregoing recitals are incorporated herein by reference as though fully set forth below.
2.0 Extension of Term. The Source Facility and Treatment Facility desire to exercise their option to
extend the term of the Treatment Agreement for an additional one-year period as set forth in Section
6.0 of the Treatment Agreement. The one-year extension period shall commence at midnight on
December 17,2018 and terminate at 11:59 PM on December 16,2019.
3.0 Treatment Facili 's Signatory. The undersigned person executing this Second Addendum on
behalf of Treatment Facility hereby represents and warrants that he or she has the full authority to
sign said Second Addendum for Treatment Facility and to fully bind Treatment Facility to the terms
and conditions set forth in this Second Addendum.
4.0 Others Terms and Conditions. Any other term or condition of the Treatment Agreement not
expressly modified by this Second Addendum shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this document the day and year first above
written.
COMPOSTUSA of SUMTER COUNTY, City of Winter Springs(Source Facility)
LLC (Treatment Facility)
evin L. 'smith
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Date: 12/11/2018 Date: �� _�.....�� _ ...m.
Mailing Address:
1126 East wState Road 434,Winter Springs„ FL 32708
Phone No: 407-327-5989
Fax No: 407-327-6695
Second Addendum to Biosolids Treatment Agreement
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