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HomeMy WebLinkAbout1991 Dryden Initiative Acquisition of Sewage PlantDRYDEN INITIATIVE ACQUISITION OF ADDITIONAL SEWAGE PLANT CAPACITY November 15/ 1991 Presented To:Prepared by: Ithaca Area Wastewater Treatment Plant Joint Owners Town of Dryden George Schlecht, P.E.,L.S Town Engineer I ■fw TOWN OF DRYDEN • DRYDEN, NEW YORK 65 EAST MAIN STREET. DRYDEN, NEW YORK 13053 607-844-8619 In the Heart of the Finger Lakes Region OFFICE OF THE SUPERVISOR November 15, 1991 Mr. Phillip L. Cox Chairman Special Joint Subcommittee Ithaca Area Waste Water Treatment Plant Third Street Ithaca, New York 1485p Dear Mr. Cox: Thank you for the opportunity to present the concept of the "Dryden Initiative" at the meeting of the committee on October 21st. We particularly appreciate the amount of time provided considering the short notice of our request. Acting committee chairperson Shirley Ruffinsperger suggested that we formalize our proposal and submit it in writing to the committee for consideration. Because of the urgency of the matter we have also provided information copies to the elected officials on the governing boards of the three municipalities that own the plant. We believe that this initiative facilitates the acquisition of sewage treatment capacity by those municipalities in critical need of such capacity either because of the Cayuga Heights moratorium or the high cost of "on-site" system construction and replacement. The Town of Dryden, in offering this proposal, is in a unique position of assuming a leadership role as both an original sponsor and owner of the project as well as being a municipality whose citizens recognize the benefits that public sewers bring to the local environment and the economy of the region. Please note that the "Dryden Initiative" is based on the commitment that the sewage treatment capacity requested for allocation outside of the current Ithaca Area Waste Water Treatment Plant planning area will be purchased along the lines of the buy in costs set forth in the January 1990 Stearns & Wheler report attachments D and E as revised in November of 1990. The actual buy in costs would be based on percentages calculated using the "outside" capacity requested by Dryden. We further recognize that the time will come when the "immediate expansion" described in attachment B of the Stearns & Wheler report will also be .necessary. Drydeh is prepared to participate in the cost of that expansion in proportion to the needs of all owners at that time. We would appreciate the opportunity to further review this proposal with the SJS at the earliest opportunity. Very truly yours. es F. Schug cc; Members of S.J.S. Committee Jeannine Kirby, Town of Lansing Supervisor Ted Wixom, Mayor of Lansing Common Council of Ithaca Town Board Ithaca City Controller, D. Cafferillo City Engineer, William Gray Town Board Dryden DRYDEN INITIATIVE ACQUISITION OF ADDITIONAL SEWAGE PLANT CRPACITY November 15, 1991 Presented To:Prepared by: Ithaca Area Wastewater Treatment Plant Joint Owners Town of Dryden George Schlecht, P.E.,L.S Town Engineer ] n Ar>rrr;^' isr. ru:v:? i:] :\5i\,.esi», /.f/ . '''■ '' - Table of Contents Executive Summary Pg. 1 History Pg. 2 Statement of Objective Pg. 5 Discussion of Benefits Pg. 6 Town and Village of Lansing Buy In Pg. 7 Appendix #1 Pg. 8 Appendix #2 Pg. 9 Appendix #3 Pg. 10 Appendix #4 Pg- 11 Exhibit #1 EXECUTIVE SUMMARY The Town of Dryden currently owns approximately one percent of the Ithaca Area Wastewater Treatment Facility. The Town of Dryden wishes to expand their treatment capacity by an additional 200,000 gallons per day to service areas within the existing SJS planning area. This additional capacity would be' bought in accordance with the terms of the intermunicipal agreement. It is contemplated that 100,000 gallons per day would be bought in 1992 and another 100,000 gallons per day within 5 years. The Town of Dryden also proposes purchasing an additional 200,000 - 400,000 gallons per day of existing excess capacity from either the Town of Ithaca or the City of Ithaca. This additional capacity would be purchased for areas outside the SJS planning area. The various service areas are shown on Exhibit #1 and the projected future flows for a 20 year study period are shown on Table 1. TABLE #1 TOWN OF DRYDEN SUMHARY OF 20 YEAR PROJECTION OF SEWER FLOWS Inside S.J.S. Planning Area as Revised: 1 1991 2011 Existina Future (GPD)(GPD) Varna 50,000 55,000 Monkey Run 50,000 .100-200,000 Turkey Hill 0 42,000 Southwest 0 n 63.000 260-360,000 Outside S.J.S. Planning Area as Revised: Southwest 0 37,000 Northwest 0 150-250.000 187-287,000 Additional Capacity Needed:naj. uapaciTiy r^eeaea: \ / \ Inside (l6G,000 to 260,000 GPD) + Outside' 187,000 to.287,000 GPD HISTORY The Ithaca Area Wastewater Treatment Facility is a 10,000,000 MGD capacity activated sludge plant located in the City of Ithaca. It is owned jointly by the City of Ithaca, Town of Ithaca and Town of Dryden. The Ithaca Area Wastewater Treatment Facility was completed in 1987 at a cost of approximately $35,000,000. It was constructed under the provisions of the Clean Water Act of 1972. It was one of the last projects funded under a grants program wherein the federal government typically provided 75% of the funding and the state government 12.5%. Due to the use of innovative technology the state and federal grants actually amounted to approximately 90% of the cost of the project. Without an aggressive unified effort by local, state and federal elected officials, representing each of the owning municipalities, the local community would have lost over $30,000,000. The Ithaca Area Wastewater Treatment Facility includes a septage facility for the treatment of septic tank waste from those areas of Tompkins County that do not have public sewers. The local share of the costs of this facility was provided by Tompkins County. An intermunicipal agreement provides for the allocation of the capital construction cost and operating costs. The agreement includes provisions for the reallocation of capacity amongst the owners. At the outset the capacity acquired by each municipality was as follows: City of Ithaca 5,744,500 gpd Town of Ithaca 4,157,400 gpd Town of Dryden 98.100 gpd Total 10,000,000 gpd The original planning area has been enlarged once to include the Monkey Run Sewer District in the Town of Dryden, Appendix #3 includes the background correspondence which led to this adjustment of the planning area. The Facilities Plan included an evaluation of 10 different treatment alternatives and defined the size of the plant through planning area boundary maps and population projections. At start up it was forecast that approximately 80% of the plant capacity would be utilized. Average daily flows for the first 9 months of 1991 are as follows: ITHACA AREA WASTEWATER TREATMENT FACILITY Month Of Average Dailv (MGD) January 1991 7.06 February 7.06 March 7.55 April 8.05 May 6.87 June 5.95 July 6.17 August 6.24 September 6,. 59 This is an overall average of 6.84 million gallons per day. Daily flows in excess of 7.5 mgd are unusual and occur most often after periods of heavy rain or snow melt. This is indicative of extraneous infiltration and inflow which if minimized will result in significant additional plant capacity. The issue of infiltration, inflow and combined sewers was to be investigated and reported to the New York DEC (Letter dated 4/10/90 - Appendix 1). The Town of Ithaca purchased 7 0% of the spare capacity or 1,400,000 gpd. Through the provisions of the joint agreement spare capacity is to- be made available to the needing entity in proportion to the amount of spare capacity purchased. The local cost of the project was approximately $5,000,000 including the Town of Ithaca and Town of Dryden buy-in for the land value, pre-agreement costs and remaining debt on the old plant. Each municipality's share of the local cost was financed by each municipality and each municipality raises the funds needed through its own budget and not through the Special Joint Subcommittee. The bonds have a 20 year term and the total local cost including interest will result in user charges of over $10,000,000 for the life of the financing. The City includes all of the annual debt payments in the sewer rate whereas the Town of Ithaca raises the funds partially through sewer rates and partially through benefit assessments due to the extensive amount of undeveloped tax exempt property. The plant is readily expandable on the existing property to 17.5 MGD in 2.5 MGD increments without renovation of the existing processes. The SJS is currently having discussions with the Village of Lansing and Town of Lansing to consider modifying the service area to include these municipalities as owners. Northeast Sewer Planning Committee is preparing a response to the Stearns & Wheler report which describes the terms- of that buy-in. This response is expected to be completed by January 1992. One of the difficulties facing the Northeast Sewer Planning Committee is the lack of existing server infrastructure in the Town of Lansing. The combination of the heavy cost to acquire treatment capacity, and expand sewer infrastructure on the heals of a major investment in public water is providing the Lansing Town Board with a major challenge. STATEMENT OF OBJECTIVES An objective of the Town of Dryden is to provide public water and sewer services in all parts of the Town where extension of such services are feasible. Georae Schlecht. Engineers and Survevors were retained by the Town of Dryden to help meet that objective. A 20 year projection of flows for portions of the Town of Dryden was done. The results were shown in Table 1. The Ithaca Area Wastewater Treatment Facility presently receives sewage from the Varna Sewer District and the Monkey Run Sewer District. Presently these two districts have combined flows of 100,000 gallons per day, with each district contributing approximately 50 percent. Each of these districts are part of the present intermunicipal agreement. A third district, the Turkey Hill District, is presently proposed by the Town of Dryden. This third district is also part of the present agreement area. A fourth district is currently being studied by the Town of Dryden. This district, to be known as the Southwest Sewer District, is principally located along Snyder Hill Road and N.Y.S. Route 79. A portion of this district is inside the present agreement area of the Intermunicipal Plant and a portion of this district would lie outside the present agreement area. Table #1 shows the total 2 0 year projection for service areas within the present planning area between 260,000 and 360,000 gallons per day. This means that the Town of Dryden projects a need for an additional 160,000 to 260,000 gallons per day treatment capacity within the next 20 years, for areas within the present planning area of the Intermunicipal Plant. Areas not in the original planning area of the Intermunicipal Plant are also likely to be serviced with sewer within the next 20 years. Referring to Table #1 this includes the Northwest Dryden area estimated at 150,000 to 250,000 gallons per day. It also includes a portion of the Southwest area estimated at 37,000 gallons per day. The various areas so described are all shown on the map included as Exhibit #1. DISCUSSION OF BENEFITS The Town of Dryden believes that providing public sewer services to the greatest numbers of its citizens is in the best interest of the citizens of the Town of Dryden and in the best interest of our neighboring communities. One mutual benefit is the elimination of the multiple sources of ground water pollution which on site septic systems represent. The areas of Dryden affected by this initiative are principally in either the Fall Creek, or the Six Mile Creek drainage basins. Both of these creeks are major sources of water for Cornell and for the City of Ithaca. The increased participation by the Town of Dryden will also result in less cost to both the Town and the City of Ithaca for their share of the necessary upgrade to jointly owner facilities and infrastructure. The Health Department has served notice that the Kline Road Sewer and the Fall Creek Siphon must be repaired and upgraded in a timely fashion (Letter dated January 30, 1991, Tompkins County Department of Health - Appendix 2). The Town of Dryden also believes that this initiative provides a benefit to all communities by encouraging the management of growth in a responsible manner. A recurring theme, consistently expressed by residents of the Town of Ithaca, the Town of Dryden, and, in fact, the county at large, is the desire to see the rural nature of the County preserved. The alternative is on-site septic systems and wells, which causes an inordinate pressure to build on larger, cheaper, "rural" lots along existing roads, away from the population centers. One result is an unnecessary increase of traffic, and another is the sense of losing "rural" land to suburbinazation. TOWN AND VILLAGE OF LANSING BUY IN An examination of Exhibit #1 shows that in the northwest portion of Dryden ^ a small area inside the Village and Town of Lansing has been included in the proposed service area. It is anticipated that this particular area would be serviced as an out of district customer by a new Town of Dryden district. Based on current water usage the expected flows would be 45,000 _ gallons per day from the Village of Lansing and approximately 80,000 gallons per day from the Town of Lansing. Those flows are currently being treated in the Cayuga Heights treatment plant. The Town of Dryden believes this initiative enhances the ability of the Village of Lansing and the Town of Lansing to make a , commitment to the long term buy-in of capacity at the Intermunicipal Plant. The Town of Dryden also believes that the long term buy-in by the Village and Town of Lansing is in the mutual interest of all present owners for many of the reasons already given. Extensive discussion by the participants of the Northeast Sewer Planning Committee over the past year have revealed the difficulty in achieving a commitment toward the buy in at the SJS Plant primarily due to the lack of sewer infrastructure. This proposal facilitates the planning for that infrastructure by defining the Cayuga Heights moratorium. Allowing the Town of Dryden to service the Lansing area is a benefit to the Town of Dryden because it generates an immediate usage base and income for Dryden which otherwise might not be expected for 5 to 10 years. The eventual buy in commitment by Lansing is likely to release the outside user capacity to Dryden "in a time frame that will coordinate with Dryden's projected needs. n Appendix #1 Letter from DEC dated April 10, 1990 8 QUALITY OFFICE April 10, 1990 Mayor and City Council City of Ithaca 108 E. Green Street Ithaca, New York 14850 RE: ITHACA SEWAGE TREATMENT PLANT Dear Mayor and City Council: annual®inaplctio"of the"ibo"e r°/ference(a^f^°iMr. Denmark and their 6tdfrco"in?e to operating and maintaining this facmtv Thi« ? ^'coellent job incontinued compliance of the plant' Jith spU' S^u'^effLen? requiring attention^: following item was noted as ?o%ddTsf w'e°ather'dav""'''Tb"'''^'status of the combines sewer system should h ^ currentand reported to this Departme^fwUhfn^sixtJ^ay:!^'^^^'^'^ questions, please contact this office at 315-426- Sincorely, SANDRA M. I/jZLOVS Sanitary Engineer CC: Mr, Gleason EnCe SML:J Appendix §2 Letter from Health Department dated January 30, 1991 .• / //•'/I i|' jli JAN 3 11991 111 TOMPMNS COUNW DEPARTMENT OF HI — SUZANNE R. STOPEN, R.N.. M.P.S. Public HeaKh Director January 30, 1991 Envlronmenlai Health DIvlalon 401 Harris B. Dates Drive Ithaca, New York 14850-1386 607-273-727S Mr, Williom Gray, P.E. Ithaca City Engineer City Hall 100 East Green Street Ithaca, NY Dear Mr. Gray: 1 '\{ V i" 0 Re: iy Overloaded Sanitary Servers Our staff has witrtessed sewage ovrrflowing from a manhole in the Ithaca Hiijh Sclujol parking lot off Lake Road near Rail Creek. The problem is related, apparently, to a bottleneck under Fall Creek and an expanded service area. This sewage overflow must be investigated and eliminated. The overflow is a violation nf various sections of the Tompkins County Sanitary Code and New York State Department of Environmental Conservation regulations, and must be addressed seriously. While being investigated, the irrpacts of the overflow must be minimized. Your, staff must l:ef?p a record of the overflow events, isolate the area from tlie public, and clean up promplly. During the week of November 12, people were observed walking through sanitary waste. In addition, we ere notifying you and the contributing service areas that, new service e>itonsions which will carry sewage. to this point will not be appro ved until overflows are eliminated. We are requesting a map from you showing us the exact area and all sewers flowing to this point. In addition, we recommend that no new service connection permits for this contributory area be issued by any municipality. We would appreciate seeing an evaluation fro''m your office by February 20, 1771, outlining what hiie exact problem is, what cat^ bo done to correct it, and a timetable for correction. " v. -•v •• • n We also understand two other area? experience periodic overflows of sanitary snwage: ti«e GOn block of'Smith Cayuga Street and downstream of the Cootmunity Hospital off Trumansburg Road; We would appreciate your assessment of these areas by February 20, also. Page 2 If you desire to meet about this issue", please call; otherwise we will expect your report by February 20. Very truly yours, mi) Janj M. ftndersson, Director of Environmental Health JMA/11j CCS Benjamin Nichols, Mayor of Ithaca Lee Flocke, NYSDEC •ijames Schug, Dryden (T) Supervisor . Shirley RafFensperger, Ithaca (T) Supervisor Dan Walker, Ithaca (T) Engineer Suzanne R. Stopen, Public Health Director •V Appendix #3 Various correspondence regarding adjustment to Planning Area 10 3rd Street Extension Ithaca, N.Y. 14850 ITHACA AREA WASTEWATER TREATMENT PLANT (607)272-2655 MEI-DRfiNDUM ' TO: Members of SJS FROM: Noel Desch RE: Monkey Run Sewer District - Town of Dryden DATE: November 10, 1987 Pursuant to telephone conversation with Mr. Leland C. Flocke, Regional Water Pollution Control Engineer with Region 7 DEC, the connection of the Monkey Run Sewer District to the Ithaca Area Wastewater Treatment Plant will not require an amendment to the grant for the Ithaca Plant. In the event the Town of Dryden had sought n Federal Funds for the Monkey Run Sewer Project their application to DEC/EPA \^ould have necessitated the inclusion of a revision of the Facilities Plan for the Ithaca Plant. The decision to permit the connection of districts such as the Monkey Run District is totally a matter under the control of the owners with technical review and review by the Tonpkins County Health Department. . j ND/js ' hu L- 3rd.Street Extension Ithaca, N.Y. 14850 TO: FROM:' DATE: Re; 273-8381 273-8411 ITHACA AREA WASTEWATER TREATMENT PLANT MEMORANDUM All SJS members 'Noel Desch Chairman SJS Committee October 13, 1987 Letters from Attorneys' and Engineers' concerning Wastewater Treatment Plant ' 6IS87 cc: all SJS members for meeting October 27, 1987 ND/gr "An Equal OpP-Jflunily Employer with an AlHrmallve Action Piudliliil" - 3rd Street Extension Ithaca, N.Y. 1485Q . rrHACA AREA WASTEWATER TREATMENT PLANT (607)272-2655 October iO, 1987 Mahlpn R. Perkins^ Esq« Town At±omey Tcwn of Dryden 20 West Main Street P.O. Box 27 Dxyden, New York 13053 1 .e 9 Dear Mahlon: Thanks for your letter of Septembex 3 on the matter of the Monkey Run Sewer District with respect to the Facilities Plan Amendment, While Mr. Gresens letter is very helpful, I would suggest that a letter frem DEC confirming the statement with specific references to the grant number^ for the Wastewater Treatment Plant Project (C 361095) vrould make it totally clear that sucix grant is not put in jeopardy throu^ a loccil amendment to the Facilities Plan. Ccxknirrently with the above, the Town of Dryden should move forward to se^ approval of the other two governing bodies to the Joint Sewer Agreansnt, ite first step being a presentatim of the total engineering repijj.L cn sewer to the SJS. * (See Secticaa 12). A recaranaMiatiaQ vrouM- then go forward to the City .Board of Public Works, City Ooaaan Council and the Ithaca Ttown Board. Presentations hy Dryden before each of these bodies will probably be required. Please let roe knew vhen Diyden will be ready to proceed. Very truly yours. Noel Desch Chairroan, SJS NP/js f-'s itP - 81987 k' ' P rOvVN OF ITHACA Mahlon R. Perkins, P. C. ATTORNEYS AND COUNSELLORS AT LAW 20 WEST MAIN STREET P. O. BOX 37 DRYDEN, NEW YORK 13053 MAHLON R. PERKINS TELEPHONE (607) 844-9111 September 3, 1987 Mr. Noel Desch, Town Supervisor Town of Ithaca 126 East Seneca Street Ithaca, New York 14850 re: Monkey Run Sewer District Dear Noel: . - Enclosed are copies of letters from Hunt Engineers with respect to the "Amendment" to the facilities plant for .the Ithaca Area Wastewater Treatment Plant. I believe the letter is self-explanatory but if you • need further documentation, please give me a call. feest Regards. • Very truly yours, Mahlon R. Perkins MRP/ab Ends (8/25 & 8/27 Letters) cc: Clinton E. Cotterill, Town Supervisor James R. Gresens, P. E. I HUNT ENGINEERS AND ARCHITECTS P.C. lb EAST CORNING ROAD/P.O. BOX 20 C^RNINC. NEW YORK I4B30 •a7.»e2.3137 ROBERT W. KUNT. P.E. TIMOTUV J. nALDW IN. P.R. CHARLES i. FHANZIvSE. P.R. JAME.S R.GRE.Sn.SS. P.R. JUSEHH A. CONNRU. K.A. AX.Vl; H.A. D.x.siRi.L. iiuvvi:h. IM._S- August 25, 1907 mm, AUO 2. p 1987 /-'•AHLON R. ipERKlNS, P.C. Mr. Clinton Cotterill, Supervisor Town of Dryden 65 E. Main St. Dryden, NY 13053 RE: Monkey Run Sewer District * .Dear Supervisor Cotterill: Disposal of wastewater for the proposed Monkey Run Sewer District i' planned for the City of Ithaca Wastewater Treatment Plant, The City of Ithaca is currently constructing improvements to it's Wastewater Plant with the aid of "an EPA Federal Grant. The planning area described in the Facility Plan for the City Treatment Plant improvements does not include all- portions of the Town's proposed Monkey Run-Sewer District. The question has been raised as to whether the Town.is reouired to amend the Facility Plan that was prepared for the City of Ithaca improvements. I have reseacched this question with Mr." Chris White^of'the Region 7 NYSDEC office, Mr, Dave Lang of the Central NYSDEC office in Afbsny and finally with Mn. Lee Flocke of the Region 7 NYSDEC office, Jn an August 11, 1907 phone conversation with Mr. Flocke, he explained to me that NYSDEC has no rules or regulations for an amendment to the existing Facility Plan if no Federal funding is being utilized to construct the project. From an administrative standpoint, NYSDEC has no problems with the proposed District and does not require an an amendment to the Facility Plan, Administrative reviews may be conducted by the Special Joint Subcommittee. Sewer extension technical reviews will be addressed by John Anderson of the Tompkins County Health Department. If Mr. Anderson has any problems he may contact NYSDEC. WATER SYSTEMS • WASTEWATER • HIGHWAYS • DRAINAGE • BUILDINGS • GRANTS - PniDGES ' J'-KVLI INO • jlOUD W/' • " • lANO ri.ANNIN< * , Pag«? 2 August 25, 1907 Mr. Clinton Cotterill 1 am sumbitting a letter to Mr. Flocke requesting written confirmation of our conversation as described. If you have any questions or require any additional information, do not hesitate to contact me. Very truly yours, HUNTING INEER^ AND ARCHITECTS, P.C. " " * Jar^s R. Gresens, P.E. enc cc: Mahlon Perkins, Town Attorney HUNT ENGINEERS AND ARCHITECTS P.C. teS EAST CORNING KOAD/P.O. BOX 30 CORNING. NEW YORK 14S30 607-002.3137 August 20, 1907 ROBERT W. HUNT. P.II. TIMOTHY J. BALDWIN. P.C. CHARULS J. PRAS'ZCSG. P.R. JAMES R.GRESnSS. P.IL JOSEPH A.CONNT.U. ILA. ANNEIinUSII. R.A. D.LSIEL C. nOWRi:, P.US. Mr. Lee Flocke NYSDEC Region 7 7AB1 Henry Clay Boulevard Liverpool, New York 130BB Re: Monkey Run Sewer District Dryden <T>, Tompkins <C) Dear Mr. Flocke: MAHLCN R. PF-RKINS, P.C. This letter is a follow—up to our phone conversation of August 11, 19B7. I had called to discuss an administrative concern regarding the Monkey Run Sewer District proposed to be constructed by the Town of Dryden. Disposal of wastewater for the proposed Monkey Run Sewer District is planned for the City of Ithaca Wastewater Treatment Plant. The City of Ithaca is currently constructing improvements to its wastewater plant with the aid of an EPA Construction Grant. The planning area described in the- Facility Plan for the City Treatment Plant improvements does not include all portions of the Town's proposed District. You will find a map enclosed outlining the boundaries of the Facility Plan Planning Area and the boundaries of the proposed sewer district. The question was raised as'to whether the Town is required to amend the Facility Plan that was prepared for the City of Ithaca improvements. From our phone conversation, I understand that NYSDEC has no rules or i-egulations for an amendment to the existing Facility Plan if no federal funding is being utilized to construct the project. From an administrative standpoint, NYSDEC would have no problems with the proposed District and would not require an amendment to the Facility Plan since no federal funds are being incorporated. Administrative review may be conducted by the Special Joint Subcommittee and technical review by John Anderson of the Tompkins County Health Department. \lf A_f ^ A \XJ a » rto atkJAOC* * mill • Of.I c a crinrir*:«. 9TtP ''rVl," » lOIJD Y/A£»fE • LAND PIANNINI :*■ / Page S August 28, 1987 Mr. Lee Flocke To thoroughly assure the Town of Dryden that my understanding of our conversation is correct, I respectfully request that you confirm (or correct) the above interpretation in a letter• Your cooperation would be greatly appreciated. If you have any questions or require any additional information, do not hesitate to contact me. Very truly yours, hun;K^gineers & architects," p.c. J^es R. Gresens, P.E. JRG/jrg cc: Clinton Cotterill, Town Supervisor Mahlon Perkins, Town Attorney File Appendix #4 Joint Sewer Agreement Amended April 11, 1984 11 JOINT SEWER AGREEMENT City of Ithaca - Town of Ithaca - of Dryden December 22, 1981 Amended April 11, 1984 This agreement dated tliis •22nd day of December, 1981. BE^IWEEN, the City of Ithaca, a municipal corporation of the County of Tortpkins and State of New York, and The Town of Ithaca, a municipal corporation of, the County of Tarpkins and State of New York, and The Town of Dryden, a, municipal corporation of the County of Tcxrpkins and State of Nev; York, WITNESSEIH: INTRODUCTION WHEREAS, the City of Ithaca has for the past several years provided sewerage service for portions of the Town of Ithaca and Dryden on a contract basis, providing for the conveyance of sewage through its sewers and the trejatment and disposal of the sewage at its existing wastewator treatment plcmt, and WHEREAS, the City of Itliaca treiitment facilities are no Icxiger adequate to meet the effluent quality requirements of. the New York -2- State Department of: Environmental Conservation and the U.S. Environmental Protection Agency, nor does the plant have adequate capacity to meet future requirements of the municipalities; and WHEREAS, the Nev/ York State Department of Environmental Conservation and U.S. Environmental Eirotection Agency have ordered .the facilities be iirproved and are considering providing grant funds to assist in carrying out the necessary improvements, and WHEREAS, benefit:s include inprovement of the environment of not only the service area but the preservation of Cayuga Lake and the streams of Tonpkins County, and V\?HEREAS, the respective legislative bodies of said municipalities have determined it to be the best interests of their respective municipalities to construct, and operate a single wastevrater treatment and disposal facility, and WHEREAS, the above mentioned municipal corporations respectively and severally desire to provide for tlie construction, mintenance and operation of a joint vrastewater treatment and disposal facility set forth in the foregoing reports, NW, IHEREFOKE, in consideration of the pronises and" the mutual covenants and agreements herein contained and pursuant to Article 5-G of the General Municipal Law, it is hereby agreed by and between tlie parties as folla-^s; " Section 1. Scope The parties hereto agree to jointly construct a wastewater treatment and disposal facility as defined in the Wastewater Facilities Plan to meet the needs of the municiiDalities in the designated service area (Appendi>: III - Map) and to provide for the opercition and maintenance tdiereof, of the type specified and under -3- Revised 4/11/84 the terms and conditions hereinafter set forth, and as set forth in the Sewer Uso Ordinance. That the participating municipalities are" not unmindful of and do ackncwledge the interest of certain other entities which have a special interest in this Agreement and the project herein considered, as follows: (1) The County of Tcrpkins has requested that consideration be given to include facilities in the project to provide for tlie receipt, treatment, and disposal of septage produced within the County. The STEP I Facilities Plan included such facilities and the STEP II Design includes the septage facility. The participating municipalities intend to enter into a separate joint agreement v/ith the County of Toipkins to construct, cperate and maintain this service; (2)' Under the present rules of the U.S. Environmental Protection Agency, wastewater from certain industries within the service area of tdiis Agreement may require special permits. The parties intend to adopt the Sewer Use. Ordinance and inplerrent the Industrial Pretreatment Program set forth in the adopted Pretreatment Report prepared under Federal Project No. C-36-1095-01-2 in June 1983, and hereinbefore approved by the parties in May 1983. (3) All parties agree tliat no other public wastewater collection and treatment system shall be activated by any member municipality to serve the service area until the -bond issues for the project have been paid--in full> without the consent of all parties. Section 2. Duration The terms of this Agreement shall be for a period equal to the terms of the Serial Bonds which are to be issued in connection with the financing of thi.s Project, unless othen-zise nodified and amended by the parties to the Agreement. This Agreeriicnt shall foe renewed by tlio partias upon such terms and conditions as they may agree upon. n I '—j -A- This Agreement, as. it nay have been modified from time to time sh^ll be renewed by tiie parties on such terms as they may agree -upon. However, this Agreenent with-i^l amendments.in effect, shall be autoratically renewed upon the same terms ^.d conditions then in ' effect for such period, unless one of the parties elects to terminate its. participation as hereinafter provided. - - if any of the parties wishes to terminate its participation in the Agreenent and Project, at the' ejqjiration of the original term, as provided above, -it must give written notice to the other parties at least four (4) years prior to the expiration of such original term, which notice shall contain the reason for such termination. In the event that the election to terminate is exercis^ as above provided, the assets of .the joint operation shall b^ disposed of-by agreerrent of the parties hereto upon agreed valuation on the basis of ownership interests as herein provided. - ' ' . Section 3. Title to Property Title to all real- property and inprovf^nts thereon, including the wastewater treatnerit' plant" site location and the rights-of-way to jointly owned sewer lines and other facilities shall vest in the parties hereto as tenants in conncn in the prcportiohs outlined in ^pendix I. ' . - ; / ^ • Section 4. Right-^of-way "and Tax Exemption It is specifically agreed during, the duratioh of this contract that the real property cuid iirproveinents, including any intennunicifal interceptor, trunk line or lines, located within each municipality. sJiall be entirely excitpt frcxn real properly taxation by said n municipality ,and each municipality agrees to said exenption,- and each nuiiicipality will adopt a Tax Exemption llesolution providcxi uritjf.!!' Section 406 of the Real Property Tax Law. Section Tj." 'lypG of. Tit-:atiTiont Pl.mt and ln'.pravcm;nts . , J J -5- The design, type, size, arid specification of the treatment plant, including site development, trunk lines, iicprovements and other equipment shall be as recommended by the Consulting Engineers, subject to the approval by the respective governing bodies of the municipalities, and further subject to the approval by the New York- State Department of Environmental Conservation and the U.S. Environnental Protection Agency. Section 6. The Facilities Plan The parties hereto do hereby substantially accept the STEP' I Facilities Plan prepared by Consulting Engineers Stearns & ITheler as approved by the U.S. Environmental Protection Agency and the Neii? York State Department of Enviranmental Conservation and do agree that the fees paid to the Consulthig Engineers and others (as a part of the STEP I facilities planning) shall be, included in the capital costs of the project as herein mentioned. The cost of the STEP I Sewer System Evaluation Survey is covered in a separate agreenent, The parties hereto do agree to "proceed with the STEP II Design and do jointly agree that the Consulting Engineering firm of Steams and tSheler is designated to carry out the work and that the- legitimate costs of said TOrk shall be included in ,the capital costs of the project. Section 7. Capital Costs It is mutually agreed beb;een the parties that capital costs for the w-astewator treatment facility and other jointly owned facilities as hereinafter set forth, shall be allocated, borne and paid by the respective municipalities as set forth in Appendix I of this Agreement. /in Interim Intermuni.cifjal Agreenont has been executed by and bctiiTeon the City of ithaca, the Town of Ithaca and tlie Town of Drydon .relaLing- to t)ic financing of the STEP II Design, Project -6- Revised 4/11/8A #C-36-1095-02. Said Agreerent is attached as Appendix IV, and.is made a part of this Agreanant. Capital costs shall include all of the following: 3 (a) Planning-fees and costs. (b) Professional Engineering fees. (c) .-Cost of rights-of-way acquisition for jointly owned sewers. (d) Cost of land acquisition for plant site and other joint facilities. . . (0) Construction costs of the wastewater treatment and di^xDsal facility includir^ site preparation, derrolition,- and existing facility deactivation of all eligible reij±>urseable itens. (f) Remaining debt on original plant equipment and facilities owned by the City of Ithaca whether or not included in the new joint facility as listed in Appendix I. (g) Measuring meters for determining operational cost allocation hereinafter set forth. (h) Attorney and legal fees, adininistrat:ive e^q^enses. (1) Such other expenses ordinarily connected with the constuniction and establishment of a joint wastewater treatiT^t facility but specifically GKcluding the respective laterals and internal sewer systems of the participating rcunicipalitdes. (j) Financing, and interest costs. (k) Cost of equipment required to inclement tlie Industrial Pretreatment Program. , • Section B. Pre-Agreeirant Costs The City of Ithaca shall receive a credit adjustment towards its share of capital cost:; for. the land and rights-of-way which it las acquiired and nav bi'/ns, and for tlie buildings thereon, (including equipment or:d apparatus) which are to be transterrcx! from the -7- present facilities now owned and operated by the City of Ithaca, to the project and the facilities which are to be jointly owned under this Agreement. The parties have ageed that the amount of the credit adjustment for land, buildings, equipment, and apparatus shall be in the amounts set forth in Item 4 under tlie heading, "Anticipated Local. Capital Costs" of Appendix I. O^he parties have further agreed, that in addition to the aforementioned credit to the City for its -contribution of land, eguipnent, buildings and apparatus toward the project, further credit will be allowed to the City for expenses that it incurred for the Plan of Study, the ^^axiJll!m Efficiency Evaluation for Vfestewater Treatment Facilities Report, and STEF I work (exclusive of SSES which is covered by a separate agreanent) which has not othervJise been shared in by the other participating municipalities. The To^vn of Ithaca has provided a recording secretary and shall receive credit for such costs in ^pport of the Sever Service Planning Coirmittee. Section 9. Financing - Capital Costs Each respective E«rticipating municipality shall be responsible for financing its respective share of the Capital Costs. The participating municipalities may jointly or individually apply for Federal or State grants for all or a portion of their share of the project cost, whichever may be most advantageous to said muni.cipality. That sa.id resE)ective amounts shall be provided by each respective municipcility or such portion thereof as may be needed during construction upon warrants issued therefor by tlie Project Fiscal Officer hereinafter des.lgnated and charged witli the expenditure of fund.s for LJie project under tennfi ol this /vgrcemeiit. -8- Revised A/11/84 That it is mutually agreed that the Chief Fiscal Officer of the City of Ithaca or his Deputy be and he hereby is designated Fiscal Officer for this Project for the parties for the purpose of receiving and paying out funds pursuant to this Agreement upon his filing with tlie Towns of Ithaca and Dryden, in addition to his official bond filed with the City of Ithaca, a bond in tlie penal sum of $300,000 in favor of the participating municipalities, conditioned upon his faithful performance and discharge of the trust iitposed upon him. The Fiscal Officer shall deposit all moneys received from the respective launicipalities in separate accounts in one or more banks or trust conpanies authorized by law to receive deposits of funds on behalf of the respective municipalities. No expenditures shall be made frcm said special account or accounts except after an audit according to normal auditing and paynent procedures of the participating municipalities and in accordance with provisions of Section 119-0 of tlie General Municipal Law of the State of New York. Operation The parties agree that Uic City of Itliaca through its Department of Public Vtorks shall operate and maintain the proposed plant in a nanner consistent with parameters defined in the SPDES Permit. Matters pertaining to the selection, appointment, direction and -administration- of • 'employees - or personnel itBtters;"'collective bargaining or labor negotiations are the sole prerogative of -the City of Ithaca and appropriate ejptenses rela-ting to same are to be covered under "Section 10 - Operation Expenses" which follows. All the parties to -this Agreement shall be named as permitees on the SPDES Perndt for the Itliaca Area Wastewater Treatment Plant. Section 10 - Operating Exi>anses Operation and iraintenance costs shall include cpGrathig costs for managing, repairing and nviinhaining ail jointly used facilities and equipment, including the treatment plaj-)t and that pertion of -9- Revised- 4/11/84 • interinunicipal sewers jointly used, insurance, salaries, legal, engineering, bookkeeping and auditing and required overhead on personnel, social security, health insurance, utility costs, fuel,, supplies, parts, materials, and all incidental exposes for operation, managing, inspection, maintenance, repair, SFDES Permit f^s and costs of monitoring Cayuga Lake required by the conditions of the plant construction grant and the SPDES .Permit and the operating costs of the Industrial Pretreatment Program. The parties agree-that the operating ^expenses for the operation .of the joint facility, including the operating costs of the Pretreatrrent Program shall be apportioned as described in Appendix II and as projected by the annual budget. The flcx-7 shall be rreasured in so far as feasible by means of meters on the trunk lines from the Towns of Ithaca and Dryden as provided in the approved STEP I" Facilities Plan." The neasurement of str^gtli of the sewage, if and when required, shall be determined by accepted engineering standards. Ihe formula, frequency of saiipling and means of measuring the strength of the sewage shall be as agreed upon by the governing bodies of the participating municipalities. The Chief Fiscal Officer shall collect operating charges by neans of an annual prospective budget and 'assessing each . individual participating municipality on the ratio as hereinabove provided and under the formula thereafter promiLgated. - _ I'Jpthing herein sha.11 prevent the respective participating municipalities from raising, in addition to said Pperating assessment, such amount:-; in addition thereto sufficient to amortize th'jir respcctr'-e capital costs or to a.sses.s a surcharge to pay for the.maintenance of tlicir individual sy-stems. -10- Xn the event a participating municipality shall fail to pay its respective assessment for operating costs, or any installment thereof when due, the other municipalities shall have the right to conpel pai'Tiieht of same under provisions of law. The annual budget of t±e V?ater Pollution Control Facilities (t-JPCF) shall include an item for contingencies. If during any year tdiat the assessment shall be insufficient to defray the operating costs during said year, the Chief Fiscal Officer shall recciiinend an. amende budget and assessment which shall be reviev>?ed, adopted and paid in the same manner as the yearly assessment. "Section 11. Responsibility for Damages and Claims In the event any liability is asserted against any of the parties hereto arising out of the construction, operation, or rraintenance of this joint project, the parties shall be jointly and severally liable for the defense and paiTOent of any such claims. The liability shall be apportioned among the municipalities in proportion to the interests of each party in the project or in accordance with such otlier methods as the parties may agree. Insur^ce against any such possible liability for protection and benefit of the project and each separate riunicipality and the premiums for any such insurance coverage shall be an obligation chargeable against the project and the costs thereof to be apportioned during the construction period in accordance witli the d^t allocations, and, tliereafter, • to be included in the cost of : the .operation and maintenance of the project, and included in the budget assessed against each municipality each year in the manner ,set forth in /^pendix II. Section 3 ?. Outside Users The seiN'ntje treatment tacilitj.es provided'fo^ in this conturact shall bo limitfKl to tlie dofincid service area (see Appendix III) . No extension of the facj.jitios hereJy created sliall be peniutted -11- outside tlie service area of the parties hereto v.dthout the consent of the governing bodies of the parties hereto. Such joint consent of the governing bodies of the parties liereto shall be by a majority' vote of the voting strengdi of the respective governing bodies. Section 13. Special Joint Subcoirnittee Oversight of the joint V/PCF operation will be by a subcomnittee (SJS) of the Board of Public Works. The SJS v;ill have eight itErnbers. Representing the City will be three irerrJjers of the Board of Public Works and the liaison from the Cmiuion Council to the Board of Public VJorks. Representing the Towns will be four mentiers of their choice, one of \;hom must be an elected official from the governing bodies. The SJS will elect its own chairman and shall establish scheduled meeting dates to provide for timely referrals to the Board of Public Works. The charge of the SJS shall be to oversee cperations of the tVPCF, including budget. Matters will be brought before the Board of Public Works with the majority (5 votes for) recommendation of the SJS. Matters so referred to the Board of Public Vtorks shall be ^cted on within 30..days. Those recomendations that are accepted by the Board of Public Works shall then be inplenented accordingly. Those recornxEndations that are either rejected by the BH-J, or not acted upon within 30 days, or tliat reach an inpasse in tlie SJS shall then be referred to the Chief Fiscal Officer viho shall convene a meeting of the Mayor, Superintendent of Public Vrarks, the Tcwn of Ithaca Siperv'isor, and tlie Town of Dryden Supervisor ^•rfio shall attenpt to resolve the matter. The natter shall he so resolved by a unanimous agreement of these officials. Where there is nof inioinimity, the matter shal], be referreci to the municii>a1 itie.'^ for resolution. -12- Revised A/11/84 Budget estimates for the joint V7PCF operation will be submitted by the Superintendent of Public Vtorks to the SJS by July 1, preceding each fiscal year. By September 1, the SJS will submit a recomended budget to tlie Board of Public Works. One marber of the SJS or another person so designated by the SJS sball serve as Secretary for the purpose of providing meeting notices, recording and distributing minutes of the meetings, and other administrative duties. Each member shall have the right to present agenda items for discussion and arbitration. The SJS shall have the follcv;ing authority, pa.-rer and duties: (1) Establish tlie administrative procedures for administration of the Agreement and for the billing of charges to the nunicipalities. (2) Discuss and audit the billings prior to submission for payment. (3) Discuss and negotiate any natters of nutual interest in relation to tlie avnership Agreement. (4) Fran time to time, rrake recoimendations to the municipalities regarding the Agreement. (5) Administer the Reserve Capacity set-aside. - ■- (6) Negotiate equitable-charges for-services rendered-to each other or jointly. (7) Review applications for neii; service connections as appropriate to assure accanplishment of the primary objectives of tlie Pretreatment Program. sj (8) Monitor master fla; meters. (9) Arrange for the enforcement of Se\\er Use Laws and Regulations emd the Pretreatment Program. (a) It shall be the responsibility of the SJS to review*? the effectiveness of the Sev/er Use Lai/ and Pegulations and the Pretreatment Program anti Liieir enforccnoht by tlie-duly authori2ed I . -13- * Revised 4/11/84 municipal officials. It shall report ■pericclically on the foregoing matters to the City's Board of Public Vtorks and to the respective Town Boards of the Towns of Ithaca and Dr^den and shall furnish such information and data as may be required by the Board of Public.Works or the Town Boards. i . '—^ (b) The City and the Towns have the priirery I responsibility for monitoring industrial 0 . ^^astevTater and enforcing applicable laws and ■ . regulations within the jurisdiction of each 1 I '—^ such municipality, within their respective areas. In order to provide an otoerly, I I '. . effective monitoring and enforcanent program, I the City's SevTsr Superintendent of the Joint i i Sewer Treatment Plant Facility of his duly ■ authorized representative shall have the ' I - ' , authority (1) to sarrple and monitor industrial discharge throughout the se;i^er service area in i ' collaboration with the City Superinti^dent of ' Public Works (in those cases where the L ... ' discharge into toe sewer collector system ^ ■ originates in the City) and the municipal I • ■ • engineer of the respective To\7ns \Aere such discharge originates; and (2) to ^force the I Sev.'er Use Law and the Pre.treatment Program and regulations in collaboration with' the municipal * :( ' officials as provided in the preceding subparagraph (1). , j ! (c) • The status of all violations shall be inr.vediately reported to the SJS, vdiich shall ; prcnptly reconmend whatever further action may ))e recjudred to correct or stop any violation, to the Mayor or the Tam Supervisor of the iuu!^i.cii«lity in' vhich tlie \dolatibn occurred. -14- Revised 4/11/84 If legal action is required, the matter shall be proTptly referred to the attorney of the municipality in which the violation occurred, , . or to such other attorney duly authorized to • take such action. The nrjnicipal attorney concerned' shall have the authority to initiate proceedings when immediate action is required. (10) Submit periodic and annual reports to the municipalities. (11) Notify the governing bodies in relation to any claims, demands, disputes, differences, controversies'and' misunderstandings which cannot'be resolved by arbitration and negotiation. , ' ' ^ (12) Negotiate an agreement with Ttnpkins. County on the financing of the capital cost of the septage facility and the methods of the recovery of .the capital and Derating and maintenance costs for s^e. (13) Fran time "to tiire hold public hearings.as necessary. (14) Fran time to" tiire revie;^ the Operating and Maintenance Manual. (15) It shall adopt, subject to the appra/al of the governing bodies of the municipalities-which are parties to this instruirent regulations to impleirent any of the foregoing powers and duties. Sectim 14^ Approvals Required This Agreement shall be effective upon approval by tlie governing bodies of each municipality, subject to required provisions of law. Upon approval of this Agreaient, each municipality s)iali proceed to arrange procedures for financing the construction of this Agrecnent. It is understood that no bid for construction shall be advertised and no contract for the construc:tion sha.ll be awarded until nil bonding and financing resolutions have bo^ finally cipproved and authorize.; ajid all required procedures have been ca[plio(i wit;h. I 1 -15- Section 15. Concurrence of Participating htunicipalities Unless othenvisG provided herein, whenever the agreement of eadi" participating municipality is required under this Agreanent, such agreement shall be required to be approved by a majority' vote of the voting strength of the respective governing bodies- of said municipalities. 'Section 16, Amendments This Agreement has been entered into on the basis of 12is% local . funding. In the event that this local share for the total project as defined in the Wastewater Facility Plan increases si±)stentially, there shall be good cause for renegotiation of financial aspects of tlus Agreement. The pai±ies agree that tiiis Agreement ^st te amended .further to establish procedures either by arbitration procedures and by resort to courts of cCTipetent jurisdiction for the settlement of disputes and the resolution of those matters upon which the parties have be^ unable to agree. It is recognized by the participating municipalities that this agreement may not be carplete in every re^ct and it may be , necessary to clarify and amend the Agreement fron time to time. This Agreement may be modified or amended by an instrument in writing, duly executed and acknavledged by tlie duly authorized - representatives of each participating municipality, upon approval by majority vote of the voting strengtli of the respective governing bodies of said participating municipalities. Section 17. Future Expansion of Capacity It,shall be the responsibility of the Sv7S to initiate planning for addlt:x<iii-J cap-acity when tlie iaiproveiTGnts defined -in the STEP II Design reach no more tha 95^ of the design capacity. -16- In Witness VThereof the parties hereto have caused this Agreen>ent to be executed by their duly authorized officers and sealed with their corporate seals the day and the year first aforementioned. Attest: . y 7 City Clerk City of Ithaca, New York City of Ithaca Mayoi City of Ithaca, New York Attest:To\-m of Ithaca r I Tcwn Clerk Tavn of Ithaca By:_ _2^ Supervisor Tovm of Itliaca Attest:Tct-^ of Dryden Toi-m Clerk Tcwn of Dryden By: Supervisor n Town of Dryden .v' seweh system planning committee SEPTEMBER 24, 1980 SUMMARY OF SCHEME HI REVIEW SCHEME I - The scheme by which all costs associated with new plant and site would be apportioned by fixed percentages based- on growth projections for the respec tive municipalities for the year 2005 and on load fae- ' tors for major industry and septage: Fixed percentages would be applicable for the life of the" loan. SCHE-..JE II - The scheme by which all costs associated with new plant and site would be apportioned by percentages adjusted annually based on the most recent twelve month flow records.of contributions from respective municipalities and load factors for major industry and septage. SCHEME III ~ The scheme by which all costs associated with new plant and site for the hypothetical 1985—No Growth plant would •be apportioned by fixed percentages based on the 198-d flow records of contributions from respective munj.ci— palities and load factors for major industry and sep- " I tage. The reserve capacity of the new plant and pro-- portionate share of the site would be apportioned by fixed percentages.based on growth projec tions for the respective municipalities for the year 2005 and on additional load factors for major industry and septage. At the time the fixed percentage of reserve capacity is reached by any municipality or I f^ industry, additional capacity shall be made available ; as needed from the remaining reserve capacity. Each municipality or industry with remaining reserve capa- ,1, I city shall provide the needed capacity by a proportion equal to their remaining reserve capacity over the total remaining resei've capacity and be reimbur.sed for y/24/8U _2- same in "doUars of that year" by the needy entity. Any reduction of 1984 flow values from any entity while not affectins the fixed percentages paid 'for': the 1985 plant will act as a credit for capacity to that entity and always be used before additional reserve capacity. 'I I AN EXAMPLE OF HOW SCHEME III ^YQRKS ASSUMPTIONS n 1. 30 YEAR BONDING PERIOD : 2. INTEREST .RATE - 6% " 3. LOCAL LENDING FOR NEW CONSTRUCTION - $4,300,000 4. LOCAL LENDING FOR EXISTING PLANT AND LAND.- a. Based on Edv/ard VI. Austin 6/80 Land Appraisals -r Parcel ill $ 1,500 Parcel IV .$206,500 land $208,000 b. Based on Edward W. Austin 6/80 Land Appraisals, ' American Appraisal 6/79, and Federal Funding - $286,000 X .56"= Parcel III $143,000 Remaining Debt on Reusable Parts $ 50,000 BUILDINGS $193,000 LAND PLUS BUILDINGS TOTAL $401.000 5. PROJECT local GRANT TOTAL - $4,701,000 . ( ,