Loading...
HomeMy WebLinkAboutResolution #5346 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