TR-85-22 4 k---,7s
RESOLUTION NO. TR-85-22 r1� 0 tw UJSX
A Resolution Authorizing the Town Manager to Execute the Industrial
Pre-Treatment Agreement with the City of Springfield as Mandated by
' - Massachusetts General Laws, Chapter 392, Acts of 1985.
WHEREAS, Massachusetts General Laws, Chapter 392,
Acts of 1985 mandates that an Industrial Pre-TreatmentAgreement be
executed,
WHEREAS, it is in the bestinterests of the citizens of
the Town of Agawam for such an agreement to be e-ntered into,
THEREFORE, the Town Council hereby authorizes the
Town Manager to execute the Industrial Pre-Treatment Agreement with
' the City of Springfield which agreement is attachedhereto as Exhibit A.
' Dated this 21st day of _ Januar_y
�dr ew C. Galla
' Town Council President
APPROVED as to legal for
Antho y Bonavita, Esq.
Town So ltor
WASTEWATER PRETREATMENT AGREEMENT
AGREEMENT made and entered into this day of ,
' 198 , between the TOWN OF AGAWAM, a municipal corporation situated
in the County of Hampden, Commonwealth of Massachusetts (hereinafter
referred to as the "Town") , acting through its
, and the CITY OF SPRINGFIELD, a municipal
' corporation also situated in the County of Hampden, Commonwealth of
Massachusetts (hereinafter referred to as the "City") , acting
through the Director of the Department of Public Works with approval
of the Mayor.
WITNESSETH:
' WHEREAS, the City, as owner and operator of wastewater
treatment works that receives wastewater from the Town, is required
by federal and state law to implement an industrial pretreatment
program ;
WHEREAS, the City and Town are authorized by Special
' Legislation to make an agreement regarding implementation of an
industrial pretreatment program ;
' WHEREAS, the U.S. Environmental Protection Agency has
directed that the City enter into an agreement with all Towns
contributing wastewater to the Springfield Regional Wastewater
Facility in order to comply with its General Pretreatment
Regulations (40 CFR Part 403) ;
WHEREAS, it is mutually desirable for the City and the Town
to enter into an Agreement in order to obtain the U. S. Environmental
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' Protection Agency approval ;
WHEREAS, the City is required by federal and state law to
' have certain legal authorities in place in order to implement and
enforce an industrial pretreatment program ; and
WHEREAS, the City and Town intend to invoke such enabling
' laws and other applicable enabling laws to empower the City to
administer and enforce an industrial pretreatment program within the
' Town.
' NOW THEREFORE, in consideration of the promises set forth
herein, the parties agree as follows :
Section 1 . The City and Town shall comply with all present
and future state and federal laws regarding industrial
' pretreatment , including the pretreatment standards of the
Clean Water Act of 1977 and the General Pretreatment
Regulations (40 CFR Part 403) .
' Section 2. The Town hereby authorizes the City to
administer and enforce within the Town all federal , state ,
and Town laws and regulations on water pollution as
required by the pretreatment standards of the Clean Water
Act of 1977 and General Pretreatment Regulations (40 CFR
403) as amended and to administer and enforce the City' s
existing and future sewer use ordinance provisions
regarding industrial pretreatment. The City shall perform
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the reporting, monitoring, permitting , inspections , and
' other administrative functions relating to industrial users
within the Town that are necessary to implement an
industrial pretreatment program meeting federal . and state
regulations . To the extent permitted by law, the City
shall be empowered to halt actual or threatened discharge
1 which may cause imminent endangerment to the public health
and welfare , the environment, or the treatment works , and
' to seek civil , criminal , or injunctive relief necessary for
the enforcement of the pretreatment program.
Section 3. The Town expressly invokes the provisions of
the Special Legislation , Chapter 392 of the Acts of 1985,
and the Town empowers the City to perform with the Town, or
on behalf of the Town, all of the powers enumerated
therein, a copy of which is attached hereto as Exhibit A
and made a part hereof.
' Section 4. The Town shall adopt sewer use by-laws or
regulations at least as stringent as the City ' s sewer use
' ordinance . If the City amends its sewer use ordinance, the
Town shall amend its sewer use by-laws or regulations to
1 ensure that such by-laws or regulations are at least as
stringent as the City' s sewer use ordinance as amended.
Such amendments to the Town' s by-laws or regulations shall
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be adopted no later than sixty (60) calendar days after
adoption by the City of amendments to its sewer use
ordinance .
Section 5 . The Town, in the event that it fails to comply
iwith Section 4. of the Agreement in a timely manner, shall
indemnify and hold harmless the City for any damage to the
1 Wastewater facility, increased treatment costs, and any
fines and/or penalties imposed by any governmental agency,
as a result of the Town' s noncompliance.
Section 6. The Town expressly authorizes and empowers the
City Director of the Department of Public Works on behalf
' of the City to perform all acts necessary to enforce this
Agreement.
Section 7. Upon issuance , the City shall provide the Town
Department of Public Works with copies of all permits
1 granted within the Town and copies of all notices of
violation within the Town. Subject to the confidentiality,
ttrade secret , and other rights of industrial users secured
by federal , state or local law, the Town may, with
sufficient notice and at reasonable times , review the
' records of the City Department _ of " Public Works in
connection with its administration of the industrial
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pretreatment program authorized by this Agreement.
IN WITNESS WHEREOF the CITY OF SPRINGFIELD has re ared
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this Agreement and caused it to be executed by its DIRECTOR of the
DEPARTMENT OF PUBLIC WORKS and approved by its MAYOR, Richard E.
Neal , and the TOWN OF AGAWAM has caused this Agreement to be
1 executed by its , thereunto duly authorized.
FOR THE CITY OF SPRINGFIELD, MASSACHUSETTS
By .
Director of Public Works
Approved :
Richard E. Neal , Mayor
' Approved as to Form and
P Executed :
City Solicitor
FOR THE TOWN OF AGAWAM, MASSACHUSETTS
By :
Approved as to Form and
P y Executed :
Cou sel
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