HomeMy WebLinkAboutContract--Plant to Plant Final VCH Plant to Plant Agreement
Between
City of Ithaca, Town of Ithaca, Town of Dryden
And
Village of Cayuga Heights
This Agreement is made as of the 15th day of August, 2021, between the CITY OF
ITHACA, Tompkins County,New York, TOWN OF ITHACA, Tompkins County,New
York, and TOWN OF DRYDEN, Tompkins County,New York(hereafter collectively
referred to as "IAWWTF Owners"), and VILLAGE OF CAYUGA HEIGHTS, Tompkins
County,New York.
WITNESSETH:
WHEREAS, the Ithaca Area Wastewater Treatment Facility (IAWWTF), which is owned
and operated by the IAWWTF Owners,treats municipal wastewater originating from the
City and Town of Ithaca, as well as portions of the Town of Dryden,pursuant to a Joint
Sewer Agreement dated December 31, 2003, as it may be amended; and
WHEREAS, the Village of Cayuga Heights Wastewater Treatment Plant(VCHWWTP),
which is owned and operated by the Village of Cayuga Heights, treats municipal
wastewater from the Village of Cayuga Heights as well as portions of the Towns of
Ithaca, Dryden, Lansing, and the Village of Lansing under the terms of individual
agreements with the Village of Cayuga Heights and their respective sewer use laws and
ordinances; and
WHEREAS, the parties believe that it is in their best interests to make full use of existing
community assets before building new or expanding existing facilities,provided any
proposed agreement makes allowance for future demands within those municipalities
during the agreement period, and that the costs are distributed in accordance with the
benefits received, including avoided costs; and
WHEREAS, because their mission is to serve the aforementioned municipalities, there is
a history of cooperation between the owners of the two wastewater treatment plants
focused on protecting the environment by cooperating in the treatment of sewage; and
WHEREAS, the parties' Intermunicipal Wastewater Agreement dated December 31,
2003, endorses the concept of the Village of Cayuga Heights' utilization of excess
IAWWTF capacity to leverage the efficient treatment of waste without causing an
environmental emergency and/or to comply with DEC point discharge regulations; and
WHEREAS, the overarching history of past agreements and purpose of this agreement is
to foster a cooperative framework among the owners of their respective wastewater
treatment plants and those who are served.
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NOW, THEREFORE, in consideration of the promises and the mutual covenants and
agreements herein contained, the parties agree as follows:
Section 1 —Historical Overview,Agreement Basis, and Assumptions
1.1 Exhibit A contains an Historical Overview, Basis for Diversions, and
Engineering Assumptions, all of which provide historical background information and
assumptions for VCHWWTP's flow diversions to the IAWWTF prior to August 15, 2021
and provide some information about the basis for VCHWWTP's flow diversions made on
and after August 15, 2021. Updated background information and assumptions on which
this Agreement is based are in the Exhibit B memo titled"Flow Diversion Pricing
Methodology" dated August 2, 2021, and updated January 11, 2023. Should these
assumptions prove to be wrong, the parties shall amend this Agreement so the IAWWTF
Owners are fairly compensated for their actual costs.
Section 2—Implementation of and Payment for Flow Transfers
2.1 The parties agree that on and after August 15, 2021,the Village of Cayuga
Heights is permitted to make short-term flow diversions to the IAWWTF on both
emergency and nonemergency bases through the Kline Road bypass (shown in Exhibit C)
from the properties within the portion of the Village of Cayuga Heights shown on Exhibit
D. The Village of Cayuga Heights shall operate the bypass to (a) divert to the IAWWTF
flows from the Village of Cayuga Heights' Kline Road interceptor that exceed the
capacity of the Sunset Road sewer pipe to take flows to the VCHWWTP, as well as b)
temporarily fully divert to the IAWWTF flows from the Village of Cayuga Heights'
Kline Road interceptor. When possible, the Village of Cayuga Heights shall provide
twenty-four(24)hour advance telephone and email notification to the IAWWTF's Chief
Operator prior to any flow diversions. The Village of Cayuga Heights shall follow up
with written notice as provided in Section 6.1 of this Agreement. The bypass may not
divert flows from any properties not shown on Exhibit D without an amendment to this
agreement or a new agreement with the IAWWTF Owners that includes as parties all
municipalities contributing to the diverted flows (the Village of Cayuga Heights and, as
relevant, the Village of Lansing and/or the Town of Lansing). Notwithstanding the
foregoing, if the IAWWTF notifies the Village of Cayuga Heights that diverted flows
would result in the IAWWTF violating its SPDES permit, then during the period of time
stated in the notice, the Village of Cayuga Heights will not divert flows above the volume
or flow rate stated in the notice. The IAWWTF may close the bypass if the Village of
Cayuga Heights fails to comply with the notice. The Village of Cayuga Heights hereby
grants the IAWWTF and its representatives a non-exclusive license to enter the inlet
valve vault on Kline Road for this purpose.
2.2 Pursuant to the terms of the IAWWTF Owners' Joint Sewer Agreement, flows to
the IAWWTF originating from the Village of Cayuga Heights, which lies wholly within
the Town of Ithaca, are deemed to be Town of Ithaca flows. The Town of Ithaca's own
flows to the IAWWTF, plus the diverted flows via the Kline Road bypass, may not
exceed the Town of Ithaca's owned capacity in the IAWWTF.
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2.3 The Village of Cayuga Heights will pay the IAWWTF for three sets of charges:
for IAWWTF treatment of diverted flows, for IAWWTF carrying (capacity) costs, and
for conveyance of the diverted flows to the IAWWTF. In addition, the Village of Cayuga
Heights shall pay fees to the IAWWTF when the Kline Road flow monitoring station is
inoperable or provides inaccurate readings over a continuous period of more than three
(3)hours. The methodologies to calculate these charges and fees, along with frequency of
billing and payment due dates, are set forth in Section 4 and Exhibit B.
2.4 The parties are concurrently entering into a new multijurisdictional pretreatment
agreement. If in the future it is contemplated that flows in the Village of Cayuga Heights
sewer system from(a) the Village of Lansing, (b) the Town of Lansing, and/or(c)
properties in the Village of Cayuga Heights not shown on Exhibit D be diverted to the
IAWWTF, the Village of Lansing and Town of Lansing must enter into
multijurisdictional pretreatment agreements with the IAWWTF Owners and the Village
of Cayuga Heights before flows from their respective jurisdictions can be diverted to the
IAWWTF, and the Village of Cayuga Heights and the IAWWTF Owners must amend
their multijurisdictional pretreatment agreement to apply to all Village of Cayuga Heights
flows that can be diverted to the IAWWTF.
Section 3 —Treatment
3.1 The IAWWTF will properly treat and dispose of all transferred flows. The
transferred flows must comply with the requirements of the sewer use laws and
ordinances of the municipalities in which they originate and, if more stringent, the
pretreatment laws adopted by the IAWWTF Owners. This is to ensure that the flows do
not cause pass through violations, interference with plant operations, sludge
contamination, a threat to IAWWTF worker safety or nuisance odors. Verification
testing required by permits or as needed by plant operations will be a cost of this
Agreement. If such testing is performed by the IAWWTF on flows diverted from the
Kline Road bypass, the costs will be billed to the Village of Cayuga Heights at cost and
paid within forty-five (45) days of receipt of the bill or paid on such other terms as may
be mutually agreed upon
3.2 The IAWWTF Owners' uniform pretreatment laws are attached as Exhibit E. A
copy of the IAWWTF operating permit issued by NYSDEC is available upon request to
the IAWWTF Chief Operator.
Section 4—Monitoring Station and Measurement of Flows
4.1 Transferred flows shall be routed through the existing sewage flow monitoring
station that the Village of Cayuga Heights paid for and installed at the Kline Road
bypass. The Village of Cayuga Heights shall pay for and perform, or cause to be
performed, installation of a battery backup system, monitoring station readings,
inspections, maintenance, repairs, and replacements of equivalent or better equipment for
the Kline Road bypass monitoring station. The Village of Cayuga Heights shall provide
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to the IAWWTF on a monthly basis data from its consultant(LECTRE) specifying the
quantities of diverted flows broken down by date at 5-minute intervals on a midnight-to-
midnight basis. Such information may be transmitted by email or other means agreed on
by the parties. In addition, the IAWWTF shall have live and continuous access to the
LECTRE dashboard data from the Kline Road monitoring station and from the sewage
flow monitoring stations immediately upstream and downstream of the Kline Road
monitoring station. The Village of Cayuga Heights shall permit LECTRE to provide the
IAWWTF with such dashboard data access.
4.2 The Village of Cayuga Heights shall inspect the Kline Road flow monitoring
station after every rain event to determine if it is functioning properly. This will be
accomplished remotely via the LECTRE dashboard unless it is unavailable or unless
there is indication that an in-person inspection is warranted.
4.3 Whenever the Village of Cayuga Heights determines or learns from the IAWWTF
that the Kline Road monitoring station is inoperable or providing inaccurate readings, the
Village of Cayuga Heights shall, as soon as practicable, (a)provide telephone and email
notice to the IAWWTF, and(b) repair or replace the monitoring station so that it
functions properly. The IAWWTF will notify the VCHWWTP as soon as practicable
whenever the IAWWTF determines or suspects that the monitoring station is inoperable
or providing inaccurate readings. In an emergency situation when the IAWWTF cannot
contact VCHWWTP personnel, the Village of Cayuga Heights hereby grants the
IAWWTF and its representatives a non-exclusive license to enter the monitoring station
vault on Kline Road for purposes of flow monitoring station access and inspections.
4.4 The IAWWTF will use LECTRE dashboard data to determine diverted flow
volumes for the purpose of calculating charges to the Village of Cayuga Heights, except
as follows.
(a) When the Kline Road flow monitoring station is inoperable or provides
inaccurate readings over a continuous period of three (3)hours or less (the "Outage
Period"), the substitute reading for each missing reading shall be the average of the last
reading prior to the Outage Period and the first reading after the Outage Period.
(b) When the Kline Road flow monitoring station is inoperable or provides
inaccurate readings over a continuous period of more than three (3) hours (a "Gap"), as
reported to the parties by their consultant LECTRE, Inc. on a quarterly basis, or as shown
by LECTRE dashboard data, the quarterly invoice from IAWWTF to the Village of
Cayuga Heights will contain a charge for such Gaps that is derived from an analysis of
the weather data obtained from the Game Farm Road readings at
hqp://www.nrcc.comell.edu/wxstation/ithaca/ithaca.html (or similar website) during the
times of the Gaps. If the weather data shows that during the 24 hour period before a Gap
starts, or at any time during a Gap, there is a) any precipitation, or b) regardless of
precipitation the temperature measures at 33 degrees Fahrenheit or above if the Gap
occurs during the months of January, February, March,November or December, then a
flow through the Kline Road bypass will be assumed that equals the average gallons per
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minute that have flowed through the Kline Road bypass during the quarterly period for
which the invoice is prepared. That average gallons per minute shall be multiplied by the
number of minutes in the Gap, and then multiplied by the Treatment Rate used for that
quarterly invoice to compute the extra charge on such invoice for the Gaps identified as
described above.
Section 5—Agreement Modification
5.1 This Agreement constitutes the entire Agreement of the parties. It may be
amended only by the written consent of all of the parties, with each party executing and
acknowledging the document containing the amendment through its duly authorized
representative.
Section 6—Notification
6.1 Where notification is required by the terms of this Agreement, it shall be
delivered by hand, overnight courier, or mail, during business hours, to the following
addresses. Notices are deemed effective upon receipt.
For notice to the IAWWTF Owners:
Chair, Special Joint Committee
Ithaca Area Wastewater Treatment Plant
535 Third St.
Ithaca,NY 14850
With copies to:
Assistant Superintendent of Public Works
City of Ithaca Water& Sewer Division
510 First St.
Ithaca,NY 14850
Town Engineer
Town of Ithaca
215 N. Tioga St.
Ithaca,NY 14850
Town Engineer
Town of Dryden
65 E. Main St.
Dryden,NY 13053
For notice to the Village of Cayuga Heights:
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Village Engineer
Village of Cayuga Heights
836 Hanshaw Rd.
Ithaca,NY 14850
Section 7—Length of Agreement
7.1 Unless terminated earlier pursuant to this Agreement, this Agreement shall
continue in force until December 31, 2025. This Agreement shall automatically terminate
if one or both of the following agreements terminate and are not substituted by new
agreement(s): the Intermunicipal Wastewater Agreement dated December 31, 2003, or the
2023 Multijurisdictional Pretreatment Agreement between the Village of Cayuga Heights
and the IAWWTF Owners. Upon the expiration of the original term, this Agreement may
be renewed for additional terms of at least five (5) years each upon the written consent of
all the parties. The parties shall review the Exhibit B memo titled"Flow Diversion
Pricing Methodology" every five (5)years that this Agreement is in effect to verify the
assumptions and projections on which this Agreement is based. The parties agree to use
their best efforts to renegotiate the terms of this Agreement if actual experience varies
significantly from the assumptions and projections in the Basis for Agreement.
Section 8—Termination and Bypass Closure
8.1 The IAWWTF Owners or the Village of Cayuga Heights may terminate this
Agreement with adequate prior notice. Notice from the IAWWTF Owners to the Village
of Cayuga Heights must be provided four(4)years in advance to provide the Village of
Cayuga Heights time to respond, design, and build alternate facilities. Notice from the
Village of Cayuga Heights to the IAWWTF Owners must be provided one (1)year in
advance. These periods are based on the assumption that no capital investments are
needed at the IAWWTF to meet the terms of this Agreement. Other periods of notice
will be acceptable if agreed to by all parties or as may be agreed to should a capital
improvement be necessary or desirable.
8.2 However, nothing in this Agreement is intended to result in the IAWWTF
violating the terms of its operating permit with NYSDEC. The IAWWTF Owners may
withdraw, in whole or in part, from the terms of this Agreement if withdrawal is
necessary to comply with the IAWWTF's SPDES permit.
8.3 The IAWWTF Owners may send a notice to the Village of Cayuga Heights if the
Village is not in compliance with any provision of this Agreement or the
Multijurisdictional Pretreatment Agreement among the parties of even date. If the
Village of Cayuga Heights fails to come into compliance within forty-five (45) days of
the notice, the IAWWTF Owners may enter and close the Kline Road bypass or terminate
this Agreement upon an additional forty-five (45) days' notice.
Section 9 -- Dispute Resolution
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9.1 Disputes should initially be referred to the individuals responsible for the plant
operations, which will be the Chief Operators of both plants and their immediate
supervisors. If resolution cannot be reached by these four individuals, the matter shall be
referred in writing to the two boards responsible for plant operations, currently the
Village Trustees for VCHWWTP and the Special Joint Committee for the IAWWTF.
Ultimately, the parties may seek whatever recourse is available under the law, but no
sooner than ninety(90) days after the matter has been referred to the respective boards in
writing.
Section 10—General Items
10.1 Liability Requirements. For purposes of this paragraph, the IAWWTF Owners
shall constitute one party, and the Village of Cayuga Heights shall constitute the other
party. To the extent permitted by law, each party agrees to fully defend, indemnify and
hold harmless the other party and its elected officials,public officers, employees, and
agents (the "Indemnitees") from and against all claims, actions, suits, demands, damages,
liabilities, obligations, losses, settlements,judgments, costs and expenses (including
without limitation reasonable attorney's fees and costs), whether or not involving a third
party claim, which any or all of them may incur, resulting from bodily injuries (or death)
to any person, damage (including loss of use)to any property, other damages, or
contamination of or adverse effects on the environment, caused by, resulting from or
arising out of the acts or omissions of the indemnifying party, or of the indemnifying
part's elected officials, public officers, employees, and agents, in connection with this
Agreement. This responsibility shall not be limited by reason of any insurance coverage
the indemnifying party may provide. To the extent the Indemnitees are negligent, a
parry's duty to indemnify the Indemnitees shall not extend to the proportion of loss
attributable to the Indemnitees' negligence. Negligence shall include, in addition to
negligence founded upon tort, negligence based upon the parry's failure to meet
applicable professional standards. Nothing in this section or in this Agreement shall
create or give to third parties any claim or right of action against the parties beyond such
as may legally exist irrespective of this section or this Agreement.
10.2 Governing Law: This Agreement shall be governed under the laws of the State of
New York, without regard to, or the application of,New York State's choice of law
provisions. The parties further agree that the Supreme Court of the State of New York
held in and for the County of Tompkins shall be the forum to resolve disputes arising out
of either this Agreement or work performed according thereto. The parties waive all
other venue or forum selections. The parties may agree between themselves on
alternative forums.
10.3 Non-assignment Clause: No party may assign or transfer its rights and interests
in this Agreement to another entity without the prior written consent of all of the other
parties. Notwithstanding the foregoing, if one or more parties dissolve into, merge with,
or wholly annex another party or parties, the party remaining after the dissolution, merger
or annexation, or the new merged municipality, as the case may be, shall retain all of the
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rights and interests in this Agreement that were held by the involved parties immediately
prior to the dissolution, merger or annexation.
10.4 Each party represents and warrants that (a) this Agreement has been presented to
its governing body; (b) its governing body has approved this Agreement by a majority
vote of the full possible voting strength of that governing body; and(c) if required, all
steps by way of public hearings and/or referendum or otherwise have been taken by the
time of execution of this Agreement. Resolutions of each governing body approving this
Agreement are attached to this Agreement as Exhibit F.
In Witness hereto, the parties have caused this Agreement to be executed by their duly
authorized officers, effective on the day and year aforementioned.
[SIGNATURE PAGES FOLLOW]
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CITY OF ITHACA
Dated: By:
Laura Lewis, Mayor
City of Ithaca
STATE OF NEW YORK )
ss.
COUNTY OF TOMPKINS )
On the day of , 2023, before me, the undersigned, a Notary
Public in and for said State,personally appeared Laura Lewis,personally known to me or
proved to me on the basis of satisfactory evidence to be the individual whose name is
subscribed to the within instrument and acknowledged to me that he/she executed the
same, and that by his/her signature on the instrument, the individual or the person(s)upon
behalf of which the individual acted, executed the instrument.
Notary Public
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TOWN OF ITHACA
Dated: By:
Rod Howe, Supervisor
Town of Ithaca
STATE OF NEW YORK )
ss.
COUNTY OF TOMPKINS )
On the day of , 2023,before me, the undersigned, a Notary
Public in and for said State,personally appeared Rod Howe,personally known to me or
proved to me on the basis of satisfactory evidence to be the individual whose name is
subscribed to the within instrument and acknowledged to me that he/she executed the
same, and that by his/her signature on the instrument, the individual or the person(s)upon
behalf of which the individual acted, executed the instrument.
Notary Public
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TOWN OF DRYDEN
Dated: By:
Jason Leifer, Supervisor
Town of Dryden
Dated: By:
Daniel Lamb, Councilperson
Town of Dryden
Dated: By:
Loren Sparling, Councilperson
Town of Dryden
Dated: By:
, Councilperson
Town of Dryden
Dated: By:
Leonardo Vargas-Mendez, Jr.,
Councilperson
Town of Dryden
STATE OF NEW YORK )
ss.
COUNTY OF TOMPKINS )
On the day of , 2023, before me, the undersigned, a Notary
Public in and for said State,personally appeared Jason Leifer,personally known to me or
proved to me on the basis of satisfactory evidence to be the individual whose name is
subscribed to the within instrument and acknowledged to me that he/she executed the
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same, and that by his/her signature on the instrument, the individual or the person(s)upon
behalf of which the individual acted, executed the instrument.
Notary Public
STATE OF NEW YORK )
ss.
COUNTY OF TOMPKINS )
On the day of , 2023, before me, the undersigned, a Notary
Public in and for said State,personally appeared Daniel Lamb, personally known to me
or proved to me on the basis of satisfactory evidence to be the individual whose name is
subscribed to the within instrument and acknowledged to me that he/she executed the
same, and that by his/her signature on the instrument, the individual or the person(s)upon
behalf of which the individual acted, executed the instrument.
Notary Public
STATE OF NEW YORK )
ss.
COUNTY OF TOMPKINS )
On the day of , 2023, before me, the undersigned, a Notary
Public in and for said State,personally appeared Loren Sparling,personally known to me
or proved to me on the basis of satisfactory evidence to be the individual whose name is
subscribed to the within instrument and acknowledged to me that he/she executed the
same, and that by his/her signature on the instrument, the individual or the person(s)upon
behalf of which the individual acted, executed the instrument.
Notary Public
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STATE OF NEW YORK )
. ss.
COUNTY OF TOMPKINS )
On the day of , 2023,before me, the undersigned, a Notary
Public in and for said State,personally appeared , personally known to me or
proved to me on the basis of satisfactory evidence to be the individual whose name is
subscribed to the within instrument and acknowledged to me that he/she executed the
same, and that by his/her signature on the instrument, the individual or the person(s)upon
behalf of which the individual acted, executed the instrument.
Notary Public
STATE OF NEW YORK )
ss.
COUNTY OF TOMPKINS )
On the day of , 2023,before me, the undersigned, a Notary
Public in and for said State,personally appeared Leonardo Vargas-Mendez, Jr.,personally
known to me or proved to me on the basis of satisfactory evidence to be the individual
whose name is subscribed to the within instrument and acknowledged to me that he/she
executed the same, and that by his/her signature on the instrument, the individual or the
person(s) upon behalf of which the individual acted, executed the instrument.
Notary Public
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VILLAGE OF CAYUGA HEIGHTS
Dated: By:
Linda Woodard, Mayor
Village of Cayuga Heights
STATE OF NEW YORK )
ss.
COUNTY OF TOMPKINS )
On the day of , 2023,before me, the undersigned, a Notary
Public in and for said State,personally appeared Linda Woodard,personally known to me
or proved to me on the basis of satisfactory evidence to be the individual whose name is
subscribed to the within instrument and acknowledged to me that he/she executed the
same, and that by his/her signature on the instrument, the individual or the person(s)upon
behalf of which the individual acted, executed the instrument.
Notary Public
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EXHIBIT A
HISTORICAL OVERVIEW,BASIS FOR DIVERSIONS
& ENGINEERING ASSUMPTIONS
Overview and Method
The Village of Cayuga Heights was originally served by a downtown plant, so
much of the Village, as well as portions of the northeast quadrant of the Town of Ithaca,
can use gravity and topography to redirect wastewater flows to the current downtown
(IAWWTF)plant. Demand exists now for new sewer service in areas of the Village and
Town of Lansing, and the Town of Dryden, close to the Village of Cayuga Heights and
the Ithaca-Tompkins Regional Airport. When this issue was studied in the early 2000s,
additional demand also existed in northern portions of the Town of Lansing such as the
Lansing School District complex and homes in the Ladoga Park area,whose individually
owned facilities were considered for replacement with connections to municipal
treatment facilities. The water quality in Cayuga Lake can be improved by connecting
individual properties whose on-site treatment systems are built in areas of high water
table or shallow bed rock.
In 2005, the VCHWWTP diverted existing wastewater flows from the
VCHWWTP to the IAWWTF via the Kline Road bypass to free up capacity in the
VCHWWTP. Flows diverted from areas south of the Village's plant can reach the
downtown plant by gravity. The parties intended that this load sharing approach make
use of existing treatment capacity at the IAWWTF, relieve existing excess demand at the
VCHWWTP, and allow adequate flexibility to meet projected demands over the next
twenty(20)years while adjusting for real demands as they develop. While during this
time frame most, if not all, of the municipalities approved a written plant to plant
agreement for this permanent flow diversion, apparently it was never signed.
In 2021, the VCHWWTP determined that the VCHWWTP had the capacity to
treat wastewater flows within the Kline Road catchment area of up to 500,000 gallons per
day under normal operating conditions. The Village of Cayuga Heights proposed to stop
the continuous diversions of flows to the IAWWTF that had been in place since the Kline
Road bypass became operational. In order to operate within its treatment capacity, the
Village of Cayuga Heights requested to divert wastewater flow rates exceeding 500,000
gallons per day to the IAWWTF based on the terms and conditions agreed to by the
parties and to divert flows to the IAWWTF as necessary to remain within their treatment
capacity.
In 2022, the VCHWWTP determined it was preferable to fully open the Kline
Intercept to receive all flows to the VCHWWTP and allow flows that exceed the capacity
of the Sunset Road sewer pipe to be diverted to IAWWTF via the Kline Road Intercept.
Village of Cayuga Heights has requested the ability to temporarily fully divert all
wastewater flows from the Village of Cayuga Heights Kline Road Intercept based on the
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terms and conditions agreed to by the parties and to divert flows to the IAWWTF as
necessary to remain within their treatment capacity
Basis for Diversions
In the early 2000s, to explore the feasibility of continuous diversions of flows
from the Village of Cayuga Heights to the IAWWTF, a series of meetings were held
between engineers representing the six communities being served by the two plants. The
then-current operation of the two plants, then-current flow contributions by the six
communities, and estimates for changes in flows were reviewed. Since then-current and
anticipated future flows were still within the existing combined treatment capacity, a
more detailed review was made of sub-area flows and topography to consider the
feasibility of the proposed solution. The initial implementation appeared simple and the
benefits to the VCHWWTP would be immediate.
As described above, in 2021 the Village of Cayuga Heights determined that the
VCHWWTP had the capacity to treat all flows under normal operating conditions that
otherwise would have gone through the Kline Road bypass, except flows exceeding
500,000 gallons/day. The Village of Cayuga Heights modified the bypass infrastructure
to limit flows through the bypass in this way, effective August 15, 2021. The bypass
infrastructure may also be (and has been) operated to temporarily fully divert to the
IAWWTF flows from the Village of Cayuga Heights' Kline Road interceptor. Exhibit B
provides further details about flows through the bypass.
Engineering Assumptions
The municipalities looked at plant treatment capacity limitations and collection
system wastewater flows in terms of volume and time, i.e. gallons per minute (gpm) or
million gallons per day(MGD). The age of major portions of the collection system, the
makeup of local municipal wastewater(due to the largely residential, professional, and
high technology makeup of the communities), and the configuration of both plants made
this approach to capacity reasonable. Peaking factors (peak flow/average flow) appeared
to be comparable for the plants and the portions of the collection systems for which data
was available. Should other wastewater properties that limit a plant's permitted capacity
come into play, e.g. biological treatment, chemical treatment, or solids handling, the
parties agree to use their best efforts to amend this Agreement.
The preliminary review of plant operations at the IAWWTF did not uncover any
disproportionate impacts or costs that would be triggered by receiving the diverted flows.
No ratchet effect or sudden increase was anticipated in chemical, electrical, or staffing
demands at the plant. This was due to the relative size of the two plants (13.1 MGD and
2.0 MGD) and the actual size of the anticipated flow transfers. Should these items
develop at a later date, the parties agree to amend this Agreement.
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EXHIBIT B
FLOW DIVERSION PRICING METHODOLOGY
Date: 02 August 2021,updated 11 January 2023, with assumptions based on data
collected in NetDMRs and the 2021 and 2022 IAWWTF Budget.
The Parties agree to enable the Village of Cayuga Heights Wastewater Treatment Plant
(VCH plant) to temporarily divert flows to the Ithaca Area Wastewater Treatment
Facility(IAWWTF)by installing a weir at the Kline Road intercept whereby either a)
flow rates that exceed the capacity of the Sunset Road sewer pipe to take flows to the
VCHWWTF are directed to the IAWWTF for wastewater treatment(peak flow shaving),
or b) flows are fully diverted to IAWWTF for brief periods of time (full diversion). Prior
to the installation of the weir, all flows from the catchment area were treated by the
IAWWTF.
The IAWWTF will see a higher cost per customer from losing the customer base of the
portion of the Village of Cayuga Heights which had previously been included in Town of
Ithaca flows. The VCH plant will see a larger customer base and higher annual flow as a
result of reclaiming these customers and modifying the Kline Road intercept.
The flows from the portion of the Village of Cayuga Heights served by the Kline Road
bypass as shown on Exhibit D will be diverted to IAWWTF during periods of peak flow
shaving or full diversion as described above, and the IAWWTF will need to maintain
capacity to handle these Kline Road diverted flows. The additional annual cost will be
charged to the VCH plant to fund IAWWTF's maintenance of Kline Road diverted flow
capacity, in addition to premium treatment rates charged to VCHWWTP to treat flows
monitored and received during flow events, which will serve as an incentive to reduce
infiltration and inflow in the portion of the Village of Cayuga Heights served by the
Kline Road bypass.' The Parties recognize that pricing should incorporate allocating
costs in accordance with benefits received, as well as costs avoided by VCH by not
having to increase the capacity of its plant. The parties also recognize the mutual benefits
of cooperation among the only two (2)wastewater treatment facilities at the southern end
of Cayuga Lake which according to the U.S. EPA is currently a threatened body of water.
The Village of Cayuga Heights will pay three sets of charges: for IAWWTF treatment of
diverted flows, for IAWWTF carrying (capacity) costs, and for conveyance of the
diverted flows to the IAWWTF. The Village of Cayuga Heights will also pay fees, as
1 Item 8 of the 2003 Intermunicipal Wastewater Agreement states: "Each Treatment Facility will set its
own O&M rate for each of the Parties it serves. The O&M rates shall include an economic incentive to
reduce inflow and infiltration. The Treatment Facilities will adjust the O&M rates periodically to account
for collection system improvements made by one or more Parties that reduce infiltration and inflow."
Page - 17
provided in Section 4.4(b), when the Kline Road flow monitoring station is inoperable or
provides inaccurate readings over a continuous period of more than three (3) hours.
See Section 4 of the Agreement for diverted flow measurement provisions, including
Section 4.4 (methodologies to calculate diverted flow volumes when the flow monitoring
station is inoperable or providing inaccurate readings).
Charges for IAWWTF treatment of diverted flows
Treatment costs= diverted flow volume x Premium Treatment Rate
Treatment costs for 2021 and 2022 are due within forty five (45) days of the Village of
Cayuga Heights' receipt of an invoice for same after full execution of this Agreement.
The invoice shall outline all charges and associated gallons treated. All other treatment
costs will be billed on a quarterly basis and are due within forty five (45) days of invoice
receipt.
The Premium Treatment Rate for each calendar year is calculated by dividing the then-
current year IAWWTF budget by the rolling five (5)year average of gallons of
wastewater treated(based on actual data collected the previous five years from July to
June). The resulting quotient is then multiplied by 1,000 to determine the cost to treat
1,000 gallons of wastewater. The resulting product is then multiplied by three (3). That
product is the Premium Treatment Rate.
annual budget
x 1,000 x 3 = Premium Treatment Rate
5 year avg of wastewater treated (gal)
Charges for IAWWTF Carrying Costs
IAWWTF Carrying Costs for each calendar year are calculated by determining the
percentage of IAWWTF capacity that had to be reserved for diverted flows (divide the
highest flow diverted over a rolling 24 hour period by 13.1 MGD, which is the
IAWWTF's design capacity). Multiply that percentage by the then-current IAWWTF
calendar year budget. Multiply that product by 5% (the 5% is an assumed carrying
cost/year for the IAWWTF Owners).
((highest diverted flow(gal))x annual budget) x .05 = annual carrying cost
13,100,000
Carrying Costs for 2021 and 2022 are due within forty five (45) days of the Village of
Cayuga Heights' receipt of an invoice for same after full execution of this Agreement.
All other Carrying Costs will be billed on an annual basis and are due within forty five
(45) days of invoice receipt.
Annual Fee charge for conveyance (transmission) of diverted flows to the IAWWTF
Page - 18
The parties have agreed that the Annual Fee covering conveyance (aka transmission) of
Village of Cayuga Heights wastewater to the IAWWTF is fixed at Ten Thousand Five
Hundred Dollars and No Cents ($10,550.00)per calendar year. This amount will be billed
on an annual basis and is due within forty five (45) days of invoice receipt. The 2021 and
2022 Annual Fees are due within forty five (45) days of the Village of Cayuga Heights'
receipt of an invoice for same after full execution of this Agreement.
Fees for Inoperable/Inaccurately Recording Flow Meter
When the Kline Road flow monitoring station is inoperable or provides inaccurate
readings over a continuous period of three (3)hours or less, the diverted flow for that
period shall be calculated, recorded and charged as set forth in Section 4.4(a).
When the Kline Road flow monitoring station is inoperable or provides inaccurate
readings over a continuous period of more than three (3)hours and flow diversions occur
(or are reasonably expected to be occurring during periods when the Kline Road bypass is
open), the diverted flow for that period shall be calculated, recorded and charged as set
forth in Section 4.4(b).
Page - 19
Exhibit B
Calculation Worksheet for 2021 Treatment Rate
1. Wastewater Treated(Annual-Based on 5 yr ave)* 2,262,144,200 gallons = 6.198 MGD
2. 2021 Budget $ 3,225,999
3. Cost to treat 1,000 gallons $ 1.4261 =(budget/wastewater treated)times 1,000
4. Treatment Rate charged to VCH $ 4.2782 =cost to treat 1,000 gallons times 3
*amounts based on NetDMRs July-June
Kline Flows 8/15/2021-12/31/2021 2,805,984
Treatment charges $ 12,004.67
Calculation Worksheet for 2021 Carrying Costs
5. Reserve Capacity** 830,153.1700 gallons = 0.8302 MGD
6. %of plant capacity needed in reserve to serve VCH 6.3370% =reserve capacity/13.1 MGD plant capacity
7. 2021 Budget $ 3,225,999
8. 2021 Budget x%of reserve capacity needed $ 204,433.08 =budget x%of plant capacity needed in reserve
9. Plant Financing Costs 5.00%
10.Annual Carrying Costs $ 10,221.65 =cost to maintain reserve capacity to treat VCH flows
11 Carrying Cost per day $ 28.00
12 Pro-rated Carrying Costs for 139 days $ 3,892.63
**2021 reserve capacity based on 2021 peak flow event,occurring on Oct 26,2021 delivered over a 24-hour period beginning 6:25am.
Each year reserve capacity to be based on the peak flow event of that calendar year.
The initial partial year consisted of 139 days from August 15,to December 31,2021.The maximum peak flow diversion to IAWWTF during
this initial partial year was 830,153.17 gallons. This was 6.3370%of capacity that had to be reserved(830,153.17/13,100,000 =6.3370%).
In 2021,the IAWWTF Budget was$3,225,999.00,and 6.3370%of that was$204,433.08. Multiply this by the IAWWTF Owners'assumed
carrying cost of 5%per year,which results in$10,221.65 or$28.00/day. This yields a prorated Carrying Cost for 2021 of Three Thousand
Eight Hundred Ninety-Two Dollars and Sixty-Three Cents($3,892.63).
Annual Fee
13 Annual Fee*** $ 10,550.000 = $ 28.9041 per day
14 Pro-rated Annual Fee for 139 days $ 4,017.67
***Annual Fee agreed upon by the parties
For the initial partial year consisting of 139 days from August 15,2021 to December 31,2021,the 2021 Annual Fee for conveyance costs is
prorated to Four Thousand Seventeen Dollars and Sixty-Seven Cents($4,017.67).
total gallons of sewage received* 2,146,623,000 2015-2016
2,247,852,000 2016-2017
2,217,890,000 2017-2018
2,467,820,000 2018-2019
2,230,536,000 2019-2020
2021 5-year average of gallons of sewage received= 2,262,144,200
Page - 20
Exhibit B
Calculation Worksheet for 2022 Treatment Rate
1. Wastewater Treated(Annual-Based on 5 yr ave)* 2,228,320,400 gallons = 6.10 MGD
2. 2022 Budget $ 3,251,769
3. Cost to treat 1,000 gallons $ 1.459 =(budget/5 yr ave wastewater treated)times 1,000
4. Treatment Rate charged to VCH $ 4.378 =cost to treat 1,000 gallons times 3
*amounts based on NetDMRs
Kline Flows 1/1/2022-12/31/2022 10,683,233
Treatment charges $ 46,769.85
Calculation Worksheet for 2022 Carrying Costs
5. Reserve Capacity** 512,918.2400 gallons = 0.5129 MGD
6. %of plant capacity needed in reserve to serve VCH 3.9154%=reserve capacity/13.1 MGD plant capacity
7. 2022 Budget $ 3,251,769
8. 2022 Budget x%of reserve capacity needed $ 127,319.97 =budget*%of plant capacity needed in reserve
9. Plant Financing Costs 5.00%
10. Annual Carrying Costs $ 6,366.00 =cost to maintain reserve capacity to treat VCH flows
**2022 reserve capacity based on 2022 peak flow event,occurring on March 7,2022 delivered over a 24-hour period beginning 8:40am.
Each year reserve capacity to be based on the peak flow event of that calendar year.
The maximum peak flow diversion to IAWWTF during 2022 was 512,918.24 gallons. This was 3.9154%of capacity that had to be reserved
(512,918.24/13,100,000 =3.9154%). In 2022,the IAWWTF Budget was$3,251,769.00,and 3.9154%of that was$127,319.97. Multiply
this by the IAWWTF Owners'assumed carrying cost of 5%per year,which results in a Carrying Cost for 2022 of Six Thousand Three Hundred
Sixty-Six Dollars($6,366.00).
Annual Fee
11 Annual Fee*** $ 10,550.000
***Annual Fee agreed upon by the parties
total gallons of sewage received* 2,247,852,000 2016-2017
2,217,890,000 2017-2018
2,467,820,000 2018-2019
2,230,536,000 2019-2020
1,977,504,000 2020-2021
2022 5-year average of gallons of sewage received= 2,228,320,400
Page-21
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1 1 18.-1-4 8.-3-2 9.-6-5 1 10.-6-5.1 10.-3-12.2 11.-2-4.6 1
10. 63 9. 7
.-b- 10.-4-7.1 11. 24.
1 8.-1-14 10.-5-5
1 8.-2 5 8.-1-7 8.-2-17 11.-2-4.5 1 1.-7-1
1 8.-3-3 9,_7_7 10.-6-2 10.-3-16 Ill.-2-4.8 1
g_ 8.-2-10
1 8.-5 14 8. 2 5 9.-7-6 10. 3 13 1 1.-7-1
10-6-1 11.-2-5
.
1 8.-3-4 10.-6-6 10.-3-15 1 71.-7-19 71.-7-1
18. 1 5 8. 2 16 10.4 7.2
1 11.-2-4.4 1 7 .-7-15
1 11.-2-4.9 1
1 8.-2-7.3 8.-1-8 12.-3-1 10.-6-7 10. 3 14 1 71.- -17.2
1 8.-1-13.2 8.-3-5 9. 6 b 11. 2 4.3 71.-7-17.1
8.-2-15 10.-6-15 10.-6-8 11.-2-4.10
8. 211 8.-3-7 8.-3-8 8.-3-9 11.-2-2 11.-2-3 1
11.-2-7.17 1
18.-1-8 12.-3-2 11.-2-1
18. 2 10 1 8.-2-14 8.-2-6 8.-3-6 10.-6-9 1
-1-6 11.-2-4.11 11.-2-4.2 11.-2-7.14 1
1 12.-2-1 1
1 i i 1 8.-1-12.1 2-13 8. 3 10 9.-6-7 10. b 14 0.-6-1 11.-2-29 11.-2-28 11.-2-7.13 1
1 8.-2-12 0.-6-1 11.-2-27 11.-2-26
8.-1-9 12.-3-13 11.-2-4.12
•-2- ` 12.-1-2 10.-b-13 0. 11.-1-7 11.-2-4.1 11.-2-7.15
12.-1-1 12.-2-2
8.-2-7.3 8.-3-11 12.-3-3 11.-2-21 „ 11.-2-6 11.-2-7.16
1 � � •�
8.-2-7.2 1. 2 22 11.-2-23.3 11.-2-7.18
MOORE-
11.-1-1
1.-1-15 12.-3-4 12.-3-6 1.-1 11.-1-3 11.-1-8 D.-2725
11.-2-8.2
- � 8.-1-11 8.-2-7.1 12.-3-12 11.-2-19 11.-2-23.4 11.-2-23.2
12. 1 3 68. 1 1.2
12.-3-5 11.-1-13
� 12.-2-3 11.-2-18 11.-2-7.12
I
11.-2-23.1 11.-2-24
8.-3-12 11.-2-17 11.-2-7.19
� 8.-1-10 8.-2-8 12.-3-7 11.-1-9 11.-2-8.1
2.-2-5 11.4-12 11.-1-10 11.-2-1
12.-1-4 12.-2-4 12.-3-10.2
12.-3-8
12.-3-10.1 11.-1-11 1.-3-
♦ 13. 1 1 i
11.-5-1 11. 2 15
1 � •
1 . 17.-3-3 17.-3-4 17.-3-5 12.-2-5 12.4 4 11. 6 1 11. 5 3
' 13.-1-2 12.-1-5.1 12.-3-9 12.-4-3 11.-5-2.2
1 17.-3-1 17.-3-2 11.-2-10.2 1
1
12.-1-5.3 11.-2-14 1
1 17.-3-26
17.-4-1 12.-2-6 11.-6-8 11.-6-2 11.-5-2.1 1
1 12.-4-5
1 17.-3-27 17.-3-6.2
11
1 17.-3-25.12 12.-1-5.2 •�� � •� 1
17 2 1 11.-2-10.1 11.-2-9 1
1 - 1 12. 2 7 12.-4-1 12.-4-2 11.-6-7 11.-6-3 1
17.-3-7 1 12.-4-6 11.-4-1 11.-4-2 1
17. 2 2 17.-3-28 24 1 13.-1-3.2 1
17.-3-8 13.-2-1
1
1
13 12.-1-6 12.-4-7 11.-6-4 1
17.-2-3 17.-3-29 17.-3-23 12.-4-11.1
17.-3-9 13.-2-2 11.-6-5
17.-3-30 13. 3 1 14.-1-8 11. 2 12.2
17.-3-22 17.-4-5 13.-2-14 14. 1 6 14. 1 1
1
3•- 13.-1-b 14.-1-7
3 37 17.-3-10 12.-4-10.4 12.-4-9 12.-4-8 14.-1-10 11. 2 11
1 � 17.-3-31 -3. 13.-1-4 12.-1-7 12.-4-11.2 14.-1-5 14.-1-11
17.-3-3 14.4-12
17.-4- .2 11.-6-6
1 17.-3-21 17.-3-11 13.-3-2 14.-1-4 68.-1-1.1
5 5.-6 1 17.-4-15 13.-2-13 14.-4-1
7.-3-35 13.-2-3 14.-1-13
17.-3-12 14.-3-1 14.-3-2
1 A1-2-1 14.-1-3
17.-3-20
17.-3-13 7'-4 13. 2 11 13.-3-3 14.4-14 14 2 8
17. 3 33 13. 6 5
1 17.-4-14 13.-1-5 12.-4-10.2
17.-3-19 14.-1-2 14.-1-15 14.-3-3
12.-6-1
2.-2-2 1 ., 13.-2-4 14.-2-7
1 -3_3 2. 1 13.-3-4 14.-1-1 14.-2-6 14.-2-11
1 - _1 13.-2-10 14.-2-9 14.-2-10
17.-3-16.1 17.-4-13 ' 14.-2-5
14.-4-2.2
17.-1-1.2 13.-3-5 , ,•,
16.-2-1 17.-4- 13.-b-6
17.-4-12 13.-5-1 13.-4-1 13. 2 9 i • �� 14.-2-1 14.-2-4 14.-2-13 14.-2-12 1
13.-2-5 i 14.-2-2
15.-6-2 15.-6-3 14.-2-3
13.42 13. 2 8.2
1
16.-2-2 17.-4-11 13.-5-2 14.-2-18 14.-2-16.1
1
68.-1-9
A. 15.-5-1. 14.-2-16.2 14.-2-14 1
1
16.-2-8 16.-2-3 17.-4-10.1 13. 5 3 ,• 13.-2-6 14. 2 17 1
13 6 9. 15.-6-4 1 13.-2-7 5.-5-1.
16. 2 7 13.-6-7 13.-5-4 13.-5-5 15.-6-1.2
1
16.-2-4 17.-4-10.2
1
16.-2-6 � •� 1
17.- .1 5. 3 14.-4-2.1
1
13.-6-9.11 13.-6-8 15.-5-2 14.-6-2 1
15.-4-1 15.-4-2 14.-6-1 1
15.-1-3 15.-6-5 1
17.-1-4 1
15.-4-3 15.-5-3.2 15.-6-10 14.-8-1
1
13.-6-9.2 5.-5-3. 1
1
1
15.-6-9 1
1 15.-2-1 15. 4 4 15. 5 4 14.-6-3
15.-1-2 _
1 15.-6-8 ; 67. 1 1.1
1 16.-2-5 1 15.-4-6 .-4-1 14.-8-4 14.-8-2 1
1 1
1 15.-4-8 1 .-4-1 15.-6-6 14.-7-3 1
1 15.-4-5 5.-4- 14.-5-5 15.-4-9 4 1 67.-1-2.1
••, ;•,
16.-1-5 1 15.-1-1.2 15.-1-1.1 14.-7-2 14.-7-4 14.-5-1
14-5-7
1 15.-2-2.2 15.-6-7 14.-5-6 1 1
1 14.-8-3
15.-4-14 15,_8_2 14.-7-1 14.-7-5 1 4
JL
15.-8-1 1 8. 3 1 9. 2 9. 1 4 .-2 9. 2 3 9.-2-4 2 5
16.-1-4 1 15.-2- .1 --- - -
i������--����� 9. 11 9. 15 9. 22 : ,•:: 30. 11.2 '
8.-1-14 8.-1-1 8. 21 9. 13 9. 71
7.-1-1 7.-1-2 7.-2-1 8.-4-1 9.-1-E 9.-1-6 9.-4-1 .-4- 9.-4-4
Map prepared by Town of Ithaca Engineering on 1/5/2021 with data from Bolton Point and Tompkins County Geographic Information Services /
0 500 1,000 2,000 Feet N
I I I I I I I
EXHIBIT E
UNIFORM PRETREATMENT LAWS FOR IAWWTF
Page - 24
EXHIBIT F
GOVERNING BODY RESOLUTIONS
(to be added)
Page - 25