HomeMy WebLinkAboutResolution #5346 - leachate treatment agreement with the city and Illinois Power Resources Generating RESOLUTION NO. 5346
A RESOLUTION APPROVING A LEACHATE TREATMENT AGREEMENT
BETWEEN THE CITY OF CANTON AND
ILLINOIS POWER RESOURCES GENERATING, LLC
WHEREAS, the City Council of the City of Canton has determined that it is necessary
and in the best interest to enter into a Leachate Treatment Agreement for the purposes of treatment
of disposal of Leachate from Duck Creek Power Plant, as set forth in "Exhibit A," which is
attached hereto and incorporated herein.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF CANTON, ILLINOIS,AS FOLLOWS:
1. That the agreement attached hereto and incorporated herein by reference as Exhibit A is
hereby approved by the Canton City Council.
2. That the Mayor and the City Clerk of the City of Canton,Illinois are hereby authorized and
directed to execute said Agreement on behalf of the City of Canton.
3. That this Resolution shall be in full force and effect immediately upon its passage by the
City Council of the City of Canton, Illinois.and approval by the Mayor thereof.
PASSED by the City Council of the City of Canton, Illinois at a regular meeting this 6th
day of December, 2021 upon a roll call vote as follows:
AYES: _Alderperson Andra Chamberlin, Justin Nelson, John Lovell, Craig West, Angela
Hale, Jeff Fritz, Angela Lingenfelter, Greg Gossett
NAYS: None
ABSENT: None
APPROV D:
I
ATTnt Mc owe 1, or
ES Key
Dian v ey- ock, City Clerk
LEACHATE TREATMENT AGREEMENT
THIS AGREEMENT ("Agreement") is made on the_17th_day of December, 2021
(the "Effective Date") by and between the City of Canton, Illinois, an Illinois municipal
corporation (the "City"), located at 2 N. Main Street, Canton Illinois, 61520, and Illinois Power
Resources Generating, LLC, a Delaware limited liability company ("IPRG"), located at 17751 N.
Cilco Road, Canton Illinois 61520.
WHEREAS, the City is a municipal corporation organized under the laws of Illinois that
owns and maintains publicly owned wastewater treatment plants and systems (collectively
"POTW"), located in Fulton County, Illinois; and
WHEREAS,IPRG owns and operates the solid waste disposal facility located at the retired
power plant, commonly referred to as "Duck Creek Generating Station" or "Duck Creek Power
Plant" (hereinafter"Duck Creek"), located at 17751 N. Cilco Road, Canton Illinois 61520; and
WHEREAS, IPRG has requested that its pumped groundwater and leachate from the Duck
Creek Power Plant(collectively"Leachate")be treated and ultimately disposed of by the City; and
WHEREAS, the City agrees to accept and treat the Leachate from the Duck Creek Power
Plant for safe and lawful discharge by the City,according to the terms and conditions set forth below.
NOW, THEREFORE, in consideration of the mutual convents herein and intending to be
legally bound hereby, the parties agree as follows:
1. Purpose. The purpose of this Agreement is to establish criteria regarding Leachate
handling, transportation, treatment, and disposal, as well as the associated costs for same. This
Agreement also will provide restrictions for and upon the quantity and quality of Leachate to be
treated by the City. The handling, transportation, treatment, and disposal of the Leachate from Duck
Creek shall be referred to herein after as the"Project."Nothing contained in this Agreement shall be
deemed or construed as creating a relationship of principal and agent, or of partnership or of joint
venture between the parties.
2. Permittin /g Compliance with Law. IPRG agrees that it shall comply with all
applicable laws, ordinances, regulations, applicable zoning requirements, and all orders of federal,
state, county, and local authorities pertaining thereto, including, without limitation, environmental
laws/regulations and the acquiring and maintenance of all required licenses and permits to accomplish
the Project. IPRG shall be solely responsible for acquiring and maintaining all necessary permits
and/or licenses from the Illinois Environmental Protection Agency ("IEPA"), United States
Environmental Protection Agency ("U.S. EPA"), or any other governmental bodies or agencies as
owner of the landfill and generator of the Leachate.The City shall be solely responsible for acquiring
and maintaining all necessary permits and/or licenses from the IEPA, U.S. EPA, or any other
governmental bodies or agencies necessary to accomplish the Project. IPRG shall provide the City
with copies of all necessary permits, licenses and testing results related to the Project upon receipt of
same, and upon any further demand by the City.
3. Handling. IPRG shall provide lawful, usable, and safe access to an agreed upon
loading station for the purpose of loading the Leachate from Duck Creek into vehicles owned by the
City. IPRG shall be responsible for providing a dedicated connection point and hoses (and other
necessary connectors)which will remain on-site at Duck Creek at the loading station. The City shall
be responsible for providing a tanker truck, along with necessary staffing, in order to lawfully
transport the Leachate from Duck Creek to the POTW.
4. Disposal and Prohibited Discharges by IPRG. The parties acknowledge that the
purpose of this Agreement is solely for the Project as it relates to Leachate, which shall be subject
to certain conditions as required by the City or other applicable laws or regulations. IPRG shall not
generate nor provide to the City (e.g. via loading, which may be by the City), as part of the Project
nor for any other purpose, any of the following:
(a) Substances or Pollutants which would cause disruption to the operation of the POTW;
(b) Substances or Pollutants which create a fire or explosion hazard;
(c) Substances or Pollutants which will cause corrosive structural damage to the POTW
or harm to the public;
(d) Solids or viscous pollutants in an amount which will cause obstruction to the flow
resulting in interference with the operation of the POTW;
(e) Substances or Pollutants which result in the presence of toxic gases, vapors or fumes
within the POTW;
(f) Petroleum oil, non-biodegradable cutting oil, or any other products of mineral oil
origin in an amount that may cause any disruption, interference or pass through to
the POTW or harm to the public; or
(g) Leachate that exceeds any of the following limits:
1) 250 mg/1 -BOD
2) 2 5 0 mg/1 -TSS
3) 30 mg/1 -Ammonia Nitrogen
4) 0.25 mg/1 -Arsenic
5) 2.0 mg/ 1-Barium
6) Not required-Boron
7) 0.15 mg/1 -Cadmium
8) 1.0 mg/l -Chromium(total)
9) 0.5 mg/1-Copper
10) 0.1 mg/l -Cyanide
11) 50 mg/l - Oils
12) 2.00 mg/l -Iron(total)
13) 0.2 mg/l -Lead
14) 1.0 mg/l -Manganese
15) 0.005 mg/l -Mercury
16) 1.0 mg/l -Nickel
17) 0.3 mg/1 Phenols
18) 1.0 mg/l -Selenium
19) 0.1 mg/l - Silver
20) 1.0 mg/1 -Zinc
5. Discharge into POTW. Upon transportation of the Leachate to the POTW, the
criteria for disposal/discharge into the POTW shall be in accordance with the any permit(s) issued
to City under the National Pollutant Discharge Elimination System(NPDES)permitting system or
any other applicable laws, regulations, and/or permits/licenses. The daily and accumulative level
of disposal/discharge quantities and flow rates will be set by the City's Public Utilities Director,
and based on sampling results, flow conditions, plant capacity, other daily operational factors, or
any other factors as determined relevant by the City.
6. Sampling. IPRG agrees that City may take a sample of the Leachate prior to
accepting delivery into the POTW, whether upon loading at Duck Creek or at any other time the
City elects. Any samples taken by the City may be tested at the City's on-site laboratory or any
other laboratory of its choice for the purposes of this Agreement, including without limitation,
loading, discharge approval, costs/expenses, safety, etc. City may provide IPRG with quality
control results and sample splitting comparisons with a lab mutually agreed upon by the parties.
Sampling for billing purposes will be on a composite sample of all trucks received for the day.
Any and all analytical testing at Duck Creek or of the Leachate, as required by IPRG,
shall be supplied to the City at least quarterly.
7. Pricing and Costs. It is agreed that the charges and expenses related to the Project,
such as for transportation,testing/sampling and treatment are included in"Schedule A,"which may
be amended by the City by providing sixty (60) days prior written notice of such amendment.
All charges for transportation, treatment, testing/sampling, any special handling
surcharges or otherwise related to the Project, shall be paid to the City within thirty (30) days of
the date of invoice (the "Payment"). In the absence of Payment within thirty (30)days, further
deliveries shall be precluded, in addition to the assessment of penalties, late fees, interest and other
charges for delinquencies in accordance with the Schedule, applicable City ordinances, rules and
regulations. The City may also elect to terminate this Agreement upon failure to make a timely
payment pursuant to this Paragraph.
8. Term. The term of this Agreement shall be from the Effective Date through April
14, 2025 (the"Term"). In the event either party elects to terminate this Agreement sooner, it must
provide at least sixty (60) days written notice to the other party. However, in the event of(i) any
violation of applicable environmental law by IPRG in relation to the Leachate; (ii) any failure to
make a Payment within thirty (30) days of an invoice; or (iii) the safety or infrastructure of the
POTW or of the City is threatened in any fashion, the City may terminate this Agreement
immediately.
9. Closure of POTW. The parties acknowledge and agree that the City reserves the
right to close the POTW or to otherwise cease or suspend the Project(collectively,the"Closure of
POTW") for any reason as deemed necessary by the City, provided that the City agrees to provide
notice to IPRG of such Closure of POTW and the expected duration of such closure or suspension
as soon as reasonably practicable following the determination of the necessity of such Closure of
POTW. Except to the extent caused by the gross negligence or willful misconduct by the City,
IPRG hereby holds the City harmless from any and all damages, losses, fines, fees, charges,
violations, and/or other expenses or liabilities related to the Closure of the POTW.
10. Minimum Requirements. There are no minimum requirements imposed by this
Agreement upon the City in regards to the Project; provided, however, the City shall use
commercially reasonable efforts to treat and dispose of all Leachate. The City has full discretion
regarding to the amount of Leachate to be ultimately treated and discharged in relation to the
Project. Except as the result of the gross negligence or willful misconduct of the City's employees
or agents,the City accepts no responsibility for the Leachate or any other substances removed from
Duck Creek on behalf of IPRG prior to delivery to the Leachate or other substances being delivered
to POTW, and IPRG holds the City harmless from any and restrictions or requirements in relation
to the Leachate or any other substances removed from Duck Creek prior to delivery of the Leachate
or other substances to the POTW.
11. Exclusivity. The City shall be the exclusive recipient of IPRG's Leachate at Duck
Creek, except if an emergency situation arises or during any Closure of POTW. IPRG shall notify
the City if any situation occurs that is deemed an emergency requiring transporting and treatment
of Leachate to another treatment facility (other than the POTW) or if there is any violation or
infraction requiring the Leachate to be transported to another treatment facility, other than the
POTW.
12. Indemnification. In consideration of the City performing the Project, and the
promises and covenants set forth in this Agreement, to the fullest extent permitted by law, IPRG,
individually and on behalf of its successors, present and former parents, subsidiaries, affiliates,
investors, officers, directors, trustees, shareholders, employees, former employees, independent
contractors, agents, representatives, assigns, heirs, devisees, estates, executors, administrators,
agents,representatives,beneficiaries,and attorneys,and each of them,voluntarily, irrevocably,and
unconditionally releases, indemnifies, holds harmless, acquits, and forever discharges the City, as
well as any of its predecessors, successors, and assigns, present and former parents, subsidiaries,
elected officials, appointed officials, mayors, city clerks, treasurers, members of City Council,
department heads, sextons, affiliates, investors, officers, directors, trustees, shareholders,
employees, former employees, independent contractors, agents, representatives, heirs, estates,
executors, administrators,attorneys,and/or insurers,all collectively referred to as"Releasees,"and
each of them, from any and all charges, complaints, claims, promises, agreements, controversies,
suits, demands, costs, losses, debts, actions, causes of action, damages, judgments, obligations,
liabilities, and expenses of whatever kind and character, known or unknown, suspected or
unsuspected, including any claims for attorneys' fees and costs, all collectively referred to as
"Claims,"which the undersigned parties, now have, own, hold, or claim to have, own, or hold, or
may have had, owned, or held, or may in the future claim to have, own, or hold against the
Releasees, or any of them, arising from, in connection with or related to: (i) IPRG's breach of this
Agreement or (ii) the Leachate or any other substances from Duck Creek or IPRG; provided that
the indemnification obligations of IPRG shall not apply to the extent such Claims arise solely as a
result of the gross negligence or willful misconduct of a Releasee.Except to the extent Claims arise
solely as a result of the gross negligence or willful misconduct of a Releasee, it is intended that this
provision shall absolve and protect the City from any and all loss, claim, fines, penalties imposed
or expenses incurred by reason of delivery, transportation, treatment, and discharge of the
Leachate. The indemnification obligations of IPRG shall survive indefinitely.
13. Applicable Law: The terms and conditions of this Agreement shall be governed,
construed, interpreted and enforced in accordance with the laws of the State of Illinois, without
giving effect to any choice of law or conflict of law provision or rule (whether of the State of
Illinois or any other jurisdiction) that would cause the application of the laws of any jurisdiction
other than the State of Illinois. To the extent permissible by law, in the event of a dispute over the
terms and conditions of this Agreement,the parties agree that the Circuit Court of the Ninth Judicial
Circuit, Fulton County, Illinois shall have sole and exclusive jurisdiction over any said disputes,
and said Circuit Court of the Ninth Judicial Circuit, Fulton County, Illinois shall be the sole and
exclusive jurisdiction and venue for the resolution of any disputes hereunder.
14. Attorney's Fees: In the event either party is required to enforce the terms and
conditions of this Agreement or in the event there is a breach of this Agreement, the performing
party agrees it shall be responsible for any and all attorney's fees and court costs incurred by the
other party in the enforcement and/or defense of this Agreement.
15. Notice. All notices, requests, consents and other communications required or
permitted under this Agreement shall be in writing(including email) and shall be(as elected by the
person giving such notice) hand delivered by messenger or courier service, emailed, or mailed by
registered or certified mail (postage prepaid), return receipt requested, addressed to:
If to City: City of Canton
Attn: Mayor
2 N. Main Street
Canton, Illinois 61520
E-mail: kmcdowell@,Cantoncityhall.org
with a copy to: Davis & Campbell L.L.C.
Attention: Christopher J. Jump
401 Main Street, Suite 1600
Peoria, Illinois 61602
Email: cjjump@dcamplaw.com
If to IPRG: Illinois Power Resources Generating, LLC
Attention: Dianna Tickner, Director
Address: 1500 Eastport Plaza Dr.
City, State Zip: Collinsville, IL 62234
Email: Dianna.Tickner@vistracorp.com
with a copy to: Duck Creek Power Plant
Attention: Brandon Potter, Closure Manager
Address: 17751 N. Cilco Road
City, State Zip: Canton Illinois 61520
E-mail: brandon.potter@vistracorp.com
or to such other address as any party may designate by notice complying with the terms of this
Paragraph. Each such notice shall be deemed delivered (a) on the date delivered if by personal delivery; (b)
on the date of transmission with a sent confirmation if by email; and (c) on the date upon which the return
receipt is signed or delivery is refused or the notice is designated by the postal authorities as not deliverable,
as the case may be, if mailed.
16. Successors and Assigns: This Agreement shall be binding upon and inure to the
benefit of the parties and their respective successors, heirs, and permitted assigns. IPRG may not
assign or delegate this Agreement without the prior written consent of the City.
17. Modification: This Agreement cannot be amended, supplemented, altered or
otherwise modified (except Schedule A, as set forth above), unless done so in writing and signed
by a duly authorized representative of the party against whom such modification is sought to be
enforced.
18. Severability: The parties believe that every provision of this Agreement is effective
and valid under applicable law, and whenever possible, each provision of this Agreement shall be
interpreted in such a manner as to be effective and valid. If any portion of this Agreement is found
to be invalid or unenforceable for any reason, any court adjudicating the rights and duties of the
parties under this Agreement shall alter,modify, or strike portions of the Agreement so that it shall
be enforceable to the fullest extent permissible by law.
19. Entire Agreement: This Agreement constitutes the entire Agreement between the
parties with respect to the subject matter of this Agreement and shall supersede all cotemporaneous
oral agreements, communications and understandings and all prior oral and written
communications, agreements, and understandings between the parties.
20. Counterparts: This Agreement may be executed in any number of counterparts and
by different parties hereto in separate counterparts, each of which when so executed shall be
deemed to be an original and all of which taken together shall constitute one and the same
agreement.
Dated this_17th day of December, 2021.
ILLINOIIS POWER RESOURCES GENERATING, LLC
By: c/�e'zA&.
Name
Its: Sr. Director, Supply Chain
CITY OF CANTON Attest:
e k"e.f'1�r.7r 4011, Q!/iamb PO.Ve&-Rack
k7eff-Nlc�owell, Mayor Diana Pavley-Rock, City Clerk
Fee Schedule(as of December , 2021)
Schedule,4
Lab and Testing(Sampling)Fees
TEST j PRICE j !
i
INh3 $20.00 --- --I-- - ----------- ------
DO - $15.00
L—--I-- -- 00
-- = -- - --'---------- —- - ----- ---- - --- --
�
- - -
_
ITSS ---$15.00 j I -i
TDS 10.00
I- - - - --- -'- -----
I BODS �--------�- $25.00-I--------i -- - -- - ---- - ---i- -- ;
--— ------i— --- -I- - - - -_----- -- ----- ----- - - -------
ICBOD ' $25.00 ' -- - --- ------ I
---- ----- - - -- - - - - - - - ----- ---- ----
Transportation - -
------ -------------- -------
I I I
-_ _ ation Prices_and Delivery
ort
'PRICE/TRIP '
H_a_uling/transporation prices reflect a Monday thru Friday 7:00 am to 3:00 pm time frame. i - -
;Additional weekend or overtime/holiday rates may apply. - - $275.00
I _
I
I I I
i
-- ---- - ----- - - - --'- - - -- -- - -- - ---- ------
Leachate
---Leachate Treatment and Disposal/Discharge
---
!Price/Gallon -_- Price/Lb --
Based off Quantity of Leachate or Wastewater Treated/Disposed/Discharged-- - $0.0500 ---
I
I 4 ,
I
I