HomeMy WebLinkAboutResolution #3409
RESOLUTION NO. 3409
A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF
CANTON AND HIEL TRUCKING COMPANY FOR THE PURCHASE OF
BIOSOLIDS
WHEREAS, the City of Canton operates a sludge press at its wastewater
treatment facility; and,
WHEREAS, the terminal product of this operation is a biosolid; and,
WHEREAS, it is economically prudent to sell biosolid and to arrange for
spreading of some of the product on fields owned by the City; and,
WHEREAS, Hiel Trucking Company, Incorporated, has offered to purchase
biosolids at a price of $3.00 per ton and further agrees to spread biosolids on the farm
fields of the City and other provisions.
WHEREAS, the City Council of the City of Canton, Illinois has determined that it
is in the best interest of the City of Canton to approve said Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF CANTON, Fulton County, Illinois as follows:
1. That the corporate officers be and they are hereby authorized to enter into a
written contract, copy attached as Exhibit A, with Heil Trucking Company, Incorporated
for the sale and spreading of biosolids from the wastewater treatment plant.
2. That this Resolution shall be in full force and effect immediately upon its
passage by the City Council of the City of Canton, Fulton County, Illinois and approval by
the Mayor thereof.
PASSED by the City Council of the City of Canton, Fulton County, Illinois, at a
regular meeting this 3rd day of March, 1998, upon a roll call vote as follows:
AYES: Aldermen Shores, May, Nidiffer, Meade, Sarff, Phillips,
t~olleck, Hartford.
NAYS: None .
ABSENT: None.
A OVED:
Donald E. Edwards, Mayor
Attest:
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Nanc ~ Whit Cit C1:erk.
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AGREEMENT
The Parties: The City of Canton, an Illinois municipal corporation ("City") 210 East
Chestnut St. Canton, lllinois. Hiel Trucking, Inc., an Delaware
corporation, Prairie City, Illinois ("Niel").
Subject Matter: Biosolids, Class A per United States Environmental
Protection Agency (40 CFR Part 503 of the Clean Water Act).
Consideration: $3.00 per ton as measured, to be paid by Hiel to City by the l0a' of the
month following delivery. As additional consideration; Hiel will apply
the biosolid material to land owned by the City as directed.
Term: This agreement will be for a period of two years from the day and date
appearing herein. The parties in writing may agree to extend the same
from month to month thereafter. Notwithstanding, either party may
cancel this agreement with 30 days notice for any reason.
Other Provisions:
THE CITY WILL: 1. Provide loading of material at city's wastewater treatment
facility from 7:OOam to dusk, Monday thru Friday upon two
hours advance notice from Hiel.
2. Provide Class A biosolids as defined by United States EPA.
3. Provide directions regarding application of biosolids to
City's fields.
4. Reimburse Hiel for cost of weighing biosolids.
HIEL WII,L: 1. Purchase entire biosolids produced by Canton, (excluding
small amounts used for community promotion) estimated
to be 3,000 wet tons per year.
2. Weigh exact tonnage purchased and provide statement of
of amounts to City by 10~' of following month.
3. Obtain all necessary permits from regulatory agencies,
including the Illinois Environmental Protection Agency.
4. Be solely responsible for product after it leaves City's
plant.
5. Attempt to market and apply Canton's supply of sludge
stored at the water treatment facility farm of the city.
Loading of this sludge by Hiel. No charge by or to City.
Niel to notify City when this product becomes marketable.
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6. To the fullest extent permitted by law, Hiel shall indemnify
and hold harmless Canton, Canton's agents and employees
from and against all claims, damages, losses and expenses,
including but not limited to attorneys' fees azising out of or
resulting from biosolids and sludge delivered by Canton,
which has chemical or other hazazdous properties which
cannot be detected in the normal testing or sampling
conducted in Canton's Wastewater and Water Treatment
facilities and whose chemical or other hazardous properties
cannot be treated or neutralized in the normal course of
Canton's treatment, provided that such claim, damage, loss
or expense is solely and only attributable to the biosolids and
sludge received by Hiel and without any fault on the part of
Canton. This pazagraph shall specifically cover all claims,
damages, losses and expenses azising from such biosolids
and sludge delivered to Hiel. In addition, Hiel will not
"stockpile" the biosolids and sludge received. Although
Hiel has sole rights to biosolids and sludge it receives,
Canton reserves the right that this biosolids and sludge is
solely being sold to and provided to Hiel for land application
and pH adjustments. No other use of this biosolids and
sludge aze acceptable.
CITY AND HIEL WII,L: Provide all notices hereunder to addresses listed herein
unless otherwise directed.
In witness the parties have by their respective authorized office executed the agreement
on this day of Mazch, 1998.
City o anton, an Illinois municipal corporation
B ~~
Donald E. Edwards, Mayor
Attest:
Nancy Whites, Clerk
Hiel Trucking, Inc., an Delawaze corporation
By:
President
Attest:
Secretary
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