R-88-1104 - 4/14/1988February 18, 1993
Mr. Bob Bennett
City Manager
City of Round Rock
221 East Main
Round Rock, Texas 78664
Dear Mr. Bennett:
Sincerely,
DaA44,0 16614
Daron K. Butler
City Manager
P. O. BOX 1090, CEDAR PARK, TEXAS 78613 • TELEP
Enclosed is a copy of the Settlement Agreement executed by the Cities
of Cedar Park and Round Rock in April, 1988. As I understand the
situation, this agreement allowed the City of Cedar Park to proceed
with the construction of its existing 2.5 million gallon /day plant.
In a prior meeting I expressed to you my concern about Article II (1)
of the agreement which requires the City of Cedar Park to construct a
plant with a rated capacity of 2.5 million and 5.0 million gallons per
day with the ability to use only 80% of its rated capacity.
The effect of this agreement is to'require Cedar Park to invest one to
two million dollars in plant capacity which it cannot use. This is an
unreasonable burden on our rate payers and it is an uneconomic use of
the City's limited resources.
Soon the City of Cedar Park will begin the permit renewal process and
I would like to have your agreement to withdraw this capacity
restriction limiting Cedar Park's ability to use its investment in the
plant to the maximum benefit of our rate payers.
CC: Mayor and City Councilmembers
STATE OF TEXAS
COUNTY OF WILLIAMSON
For and in consideration of the mutual agreements, conditions,
covenants and terms contained herein, the City of Cedar Park, a Texas
municipal corporation ( "Cedar Park ") and the City of Round Rock, a
Texas municipal corporation ( "Round Rock "), mutually covenant and
agree as follows:
ARTICLE I. RECITALS
Cedar Park presently has pending before the Texas Water
Commission ( "TWC ") an application to amend permit number 12308 - 01 to
allow the discharge of a daily average of 5.0 MGD of treated domestic
sewage effluent to South Brushy Creek in Williamson County, Texas,
from the Cedar Park Wastewater Treatment Plant, with a quality of not
to exceed a 30 -day average of 5 milligrams per liter (mg /1)
bio chemical oxygen demand ( "BOD "), 5 .mg /1 total suspended solids
( "TSS "), 2.0 mg /1 of ammonia nitrogen and 1.0 mg /1 of total
phosphorus. Round Rock is prepared to file a protest to the
application as it currently stands before the TWC on the basis that
it believes the discharge which would be authorized under the permit,
if granted as requested, would adversly affect Brushy Creek as it
flows through the City of Round Rock. The parties are entering into
this agreement to compromise and settle their differences arising out
of the waste discharge permit application proceedings.
ARTICLE II. WASTE DISCHARGE REQUIREMENTS
A. Subject to the conditions hereafter stated, Round Rock agrees
that Cedar Park may proceed without protest or objection by Round
Rock with its application before the TWC by revising its pending
application as follows: 1:
1. While Cedar Park will construct treatment facilities with
capacities of 2.5 MGD for Phase I and 5.0 MGD for Phase
II, the actual daily average flow discharged will be
limited to 80% of capacity, or 2.0 MGD for Phase I and
4.0 MGD for Phase II.
GSETAGREE
SETTLEMENT AGREEMENT ON
WASTE DISCHARGE PERMIT APPLICATION
2. Cedar Park will add the following special provision
dealing with flow limitations to the application:
"Permitee shall not apply for any amendment which
requests an increase in the flow limitations applicable
to either phase until after three years from date of
issuance of this permit amendment. After three years,
Permittee shall not apply for any amendment which
requests an increase in the flow limitation applicable to
the final phase until the actual flow measurements reach
3.0 MGD for three consecutive months, or until treatment
capacity committments, as established by impact fees
actually paid, reach 3.5 MGD, whichever occurs first."
3. Cedar Park will add the following special provisions
dealing with the phosphorus limitation to the
application:
In Irder to achieve phosphorus concentrations in the
effluent discharged to levels less than 1.0 mg /1 (30 -day
average), Permittee shall continuously operate an alum
feed' system during the months of May through September,
inclusive. The alum feed system shall be adjusted daily
to reflect the flow, pH and phosphorus levels of the
wastewater being treated in the plant.
Alum (as Al2(SO will be added at a
minimum weight ratio of aluminum to soluble total
phosphorus of 2.0 to 1, as measured at the influent to
the Isecondary clarifier(s). This represents a dosage of
22 mg /1 of alum for each 1 mg /1 of soluble total
phosphorus in the influent wastewater to the secondary
clarifier(s).
If Cedar Park chooses to use an alternative aluminum
chemcial for phosphorus removal, it will be added at the
minimum weight ratio of aluminum to soluble total
phosphorus of 2 to 1. The dosage of the chemical will be
a function of its aluminum content.
Cedar Park may reduce the minimum 2.0 to 1 weight ratio
of aaluminum to total soluble phosphorus if it
demonstrates, using the wastewater from the Cedar Park
treatment plant, that a lower weight ratio will achieve a
total soluble phosphorus concentration which is equal to
or lower than the concentration achieved with the 2.0 to
1 weight ratio. This demonstration must be performed by
laboratory testing of the influent to the secondary
clarifier to compare the soluble total phosphorus
concentration achieved using the 2.0 to 1 ratio and the
concentration achieved with the alternate
aluminum:phosphorus ratio. The conditions of the
laboratory test will be as follows:
(1) A single sample of wastewater influent to the
secondary clarifier will be collected for testing.
At least 2 liters of wastewater will be required.
The entire sample will be filtered to remove the
activated sludge suspended solids. Filtration can be
accomplished with a coarse paper filter. The total
soluble phosphorus concentration and pH will be
measured in the filtered sample (filtrate).
(2) The filtered sample shall be separated into two
subsamples for tdsting. Each subsample will consist
o f at least 1 liter "of filtered wastewater.
(3) One sample will be treated with alum using an
aluminum to total soluble phosphorus ratio of 2.0 to
1 by weight. The second sample wil be treated with
the desired alternate weight ratio. Multiple
alternate weight ratios can be tested if desired,
but identical wastewater samples must be treated
with the 2.0 to 1 dosage and each alternate ratio
tested.
2.
to present
(4)
(5)
Cedar Park and
D. Although
application, it
will request a
After the addition of the alum the samples will be
rapid mixed for 30 seconds and then slowly stirred
for 30 minutes.
The samples shall then be filtered to remove the
precipitated phosphorus and other solids. The two
filtrates will be analyzed for total soluble
phosphorus and compared to determine the
effectiveness of the alternate ratio.
This demonstration must be performed at least once each
month and, in addition, whenever the median daily pH of
the effluent wastewater changes by more than 0.5 standard
pH units.
A copy of the revisions to the application will be delivered to Round
Rock for Round Rock's approval prior to filing with TWC. Round Rock
agrees not to unreasonably withhold or delay its approval of the
revisions to the application provided such revisions comply with the
terms of this paragraph.
B. With at least two (2) hours advanced notice to the City
Manager of the City of Cedar Park, or his designated representative,
Round Rock and its designated representatives have the right at any
reasonable time during normal business hours and at its expense to
take its own samples within or without the wastewater treatment
plant, to run its own analyses of samples, and review and check the
records, logs and other information on Cedar Park's wastewater
monitoring activity.
C. By filing the revisions to the application with the TWC,
Cedar Park agrees to request that the revisions be made part of the
terms and conditions of any amended permit issued by the TWC.
However, Cedar Park and Round Rock understand and agree that the TWC,
in its discretion, may not include all the requested revisions or may
include the requested revisions
in modified form; in which case,
Round Rock agree to be bound by this Agreement.
Specifically, Cedar Park agrees to be contractually bound to comply
with the wastewater volume and quality parameters specified in
paragraph A of this Article II.
Round Rock agree„ not to protest or object to the
is understood by the parties hereto that Cedar Park
hearing before an examiner and that Round Rock will
request party status and, to the extent that Cedar Park is required
witnesses and
3 .
evidence on its application, may
cross - examine Cedar Park's witnesses and introduce its own evidence
as to the cost
and maintenance
(3) days in advance of the hearing if Round Rock plans to call
witnesses and introduce evidence.
ARTICLE III. NOTIFICATION AND MONITORING
A. Cedar Park agrees that if it sends written noncompliance or
bypass notifications to the TWC as required by Cedar Park's waste
discharge permit, photocopies of such noncompliance or bypass
notifications will simultaneously be provided to Round Rock. In
addition, Cedar
Round Rock with
telex, or other
If to Cedar Park:
If to Round Rock:
of Cedar Park's treatment plant, including operation
costs. Cedar Park shall be notified at least three
Park agrees to make a reasonable effort to provide
oral notification within twenty -four (24) hours if a
bypass of any portion of the waste treatment facilities has occurred.
B. Cedar Park agrees to provide Round Rock with a photocopy of
each monthly effluent report mailed to TWC by simultaneous mailing of
a copy of such effluent report to the following address.
City of Round Rock
221 E. Main Street
Round Rock, Texas 78664
Attention: City Manager
ARTICLE IV. MISCELLANEOUS
A. All notices and other communications hereunder shall be in
writing and shall be deemed to have been duly delivered four (4) days
after the date the same is deposited in a United States Post Office,
registered or certified mail, return receipt requested, first class,
postage prepaid, or on the date received if delivered in person, by
wire service, or by other means to the following
addresses or to such other addresses as either party may designate by
written notice to the other party:
4.
( City of Cedar Park
P.O. Box 1090
Cedar Park, Texas 78613
Attention: City Manager
City of Round Rock
221 E. Main Street
Round Rock, Texas 78664
Attention: City Manager
B. Should
performance of
shall be entitle
benefit of the
ATTEST:
City ecretary
ATTEST:
nne Land, City Secretary
5.
either party to this agreement default in the
its respective obligations hereunder, the other party
to all such remedies as are provided by law.
C. This Agreement contains all of the terms agreed upon between
the parties with respect to the subject matter hereof. Neither party
shall be bound by any prior, contemporaneous or subsequent statement,
condition, representation or undertaking unless the same is set forth
in writing signed by such party.
D. This Agreement shall be construed and enforced in accordance
with the laws of the State of Texas. Venue for any action herein
shall be in Williamson County, Texas.
E. This agreement may be signed in any number of counterparts
with the same effect as if the signatures to each counterpart were
upon the same instrument.
F. This agreement shall be binding on and shall inure to the
parties hereto and their respective successors,
representatives and assigns.
EXECUTED this /'9'Z day of /644:-/ , 1988.
CITY OF CEDAR PARK, TEXAS
By: o nit,
Mayor
CITY OF ROUND ROCK, TEXAS
By:
Mike Robinson, Mayor
.:1
STATE OF TEXAS
COUNTY OF WILLIAMSON
A. Subject
Rock with its
application as follows:
GSETAGREE
SETTLEMENT AGREEMENT ON
WASTE DISCHARGE PERMIT APPLICATION
ARTICLE I. RECITALS
For and in consideration of the mutual agreements, conditions,
covenants and terms contained herein, the City of Cedar Park, a Texas
municipal corporation ( "Cedar Park ") and the City of Round Rock, a
Texas municipal` corporation ( "Round Rock "), mutually covenant and
agree as follows':
Cedar Park presently has pending before the Texas Water
Commission ( "TWC ") an application to amend permit number 12308 -01 to
allow the discharge of a daily average of 5.0 MGD of treated domestic
sewage effluent to South Brushy Creek in Williamson County, Texas,
from the Cedar Park Wastewater Treatment Plant, with a quality of not
to exceed a 30 - day average of 5 milligrams per liter (mg /1)
bio- chemical oxygen demand ( "BOD "), 5 mg /1 total suspended solids
( "TSS "), 2.0 mg/1 of ammonia nitrogen and 1.0 mg /1 of total
phosphorus. Round Rock is prepared to file a protest to the
application as it currently stands before the TWC on the basis that
it believes the discharge which would be authorized under the permit,
if granted as requested, would adversly affect Brushy Creek as it
flows through the City of Round Rock. The parties are entering into
this agreement to compromise and settle their differences arising out
of the waste discharge permit application proceedings.
ARTICLE II. WASTE DISCHARGE REQUIREMENTS
to the conditions hereafter stated, Round Rock agrees
that Cedar Park may proceed without protest or objection by Round
application before the TWC by revising its pending
1. While Cedar Park will construct treatment facilities with
capacities of 2.5 MGD for Phase I and 5.0 MGD for Phase
II, the actual daily average flow discharged will be
limited to 80% of capacity, or 2.0 MGD for Phase I and
4.0 MGD for Phase II.
2. Cedar Park will add the following special provision
dealing with flow limitations to the application:
•
"Permitee shall not apply for any amendment which
requests an increase in the flow limitations applicable
to either phase until after three years from date of
issuance of this permit amendment. After three years,
Permittee shall not apply for any amendment which
requests an increase in the flow limitation applicable to
the final phase until the actual flow measurements reach
3.0 MGD for three consecutive months, or until treatment
capacity committments, as established by impact fees
actually paid, reach 3.5 MGD, whichever occurs first."
3. Cedar Park will add the following special provisions
dealing with the phosphorus limitation to the
application:
In order to achieve phosphorus concentrations in the
effluent discharged to levels less than 1.0 mg /1 (30 -day
average), Permittee shall continuously operate an alum
feed system during the months of May through September,
inclusive. The alum feed system shall be adjusted daily
to reflect the flow, pH and phosphorus levels of the
wastewater being treated in the plant.
Alum (as Al will be added at a
minimum weight ratio of aluminum to soluble total
phosphorus of 2.0 to 1, as measured at the influent to
the, secondary clarifier(s). This represents a dosage of
22 mg /1 of alum for each 1 mg /1 of soluble total
phosphorus in the influent wastewater to the secondary
clarifier(s).
If Cedar Park chooses to use an alternative aluminum
chemical for phosphorus removal, it will be added at the
minimum weight ratio of aluminum to soluble total
phosphorus of 2 to 1. The dosage of the chemical will be
a function of its aluminum content.
Cedar Park may reduce the minimum 2.0 to 1 weight ratio
of aluminum to total soluble phosphorus if it
demonstrates, using the wastewater from the Cedar Park
treatment plant, that a lower weight ratio will achieve a
total soluble phosphorus concentration which is equal to
or lower than the concentration achieved with the 2.0 to
1 weight ratio. This demonstration must be performed by
laboratory testing of the influent to the secondary
clarifier to compare the soluble total phosphorus
concentration achieved using the 2.0 to 1 ratio and the
concentration achieved with the alternate
aluminum:phosphorus ratio. The conditions of the
laboratory test will be as follows:
(1)
(2)
(3)
A single sample of wastewater influent to the
secondary clarifier will be collected for testing.
At least 2 liters of wastewater will be required.
The entire sample will be filtered to remove the
activated sludge suspended solids. Filtration can be
accomplished with a coarse paper filter. The total
soluble phosphorus concentration and pH will be
measured in the filtered sample (filtrate).
The filtered sample shall be separated into two
subsamples for testing. Each subsample will consist
of at least 1 liter of filtered wastewater.
One sample will be treated with alum using an
aluminum to total soluble phosphorus ratio of 2.0 to
1 by weight. The second sample wil be treated with
the desired alternate weight ratio. Multiple
alternate weight ratios can be tested if desired,
but identical wastewater samples must be treated
with the 2.0 to 1 dosage and each alternate ratio
tested.
2.
4 ;
(4) After the 'addition of the alum the samples. will, be
rapid mixed for 30 seconds and then slowly stirred
for 30 minutes.
(5) The samples shall then be filtered to remove the
precipitated phosphorus and other solids. The two
filtrates will be analyzed for total soluble
phosphorus and compared to determine the
effectiveness of the alternate ratio.
This demonstration must be performed at least once each
month and, in addition, whenever the median daily pH of
the effluent wastewater changes by more than 0.5 standard
pH units.
A copy of the revisions to the application will be delivered to Round
Rock for Round Rock's approval prior to filing with TWC. Round Rock
agrees not to unreasonably withhold or delay its approval of the
revisions to the application provided such revisions comply with the
terms of this paragraph.
B. With at least two (2) hours advanced notice to the City
Manager of the City of Cedar Park, or his designated representative,
Round Rock and its designated representatives have the right at any
reasonable time during normal business hours and at its expense to
r
take its own samples 'within or without the wastewater treatment
plant, to run its own analyses of samples, and review and check the
records, logs and other information on Cedar Park's wastewater
monitoring activity.
C. By filing the revisions to the application with the TWC,
Cedar Park agrees to request that the revisions be made part of the
• terms and conditions of any amended permit issued by the TWC.
However, Cedar Park and Round Rock understand and agree that the TWC,
in its discretion, may not include all the requested revisions or may
include the requested revisions in modified form; in which case,
Cedar Park and Round Rock agree to be bound by this Agreement.
Specifically, Cedar Park agrees to be contractually bound to comply
with the wastewater volume and quality parameters specified in
paragraph A of this Article II.
D. Although Round Rock agrees not to protest or object to the
application, it is understood by the parties hereto that Cedar Park
will request a hearing before an examiner and that Round Rock will
request party status and, to the extent that Cedar Park is required
to present witnesses and evidence on its application, may
3 .
cross - examine Cedar Park's witnesses and introduce its own evidence
as to the cost of Cedar Park's treatment plant, including operation
and maintenance costs. Cedar Park shall be notified at least three
(3) days in advance . of the hearing if =Round Rock plans to call
witnesses and introduce evidence.
ARTICLE III. NOTIFICATION AND MONITORING
A. Cedar Park agrees that if it sends written noncompliance or
bypass notifications to the TWC as required by Cedar Park's waste
discharge permit, photocopies of such noncompliance or bypass
notifications will simultaneously be provided to Round Rock. In
addition, Cedar Park agrees to make a reasonable effort to provide
Round Rock with oral notification within twenty -four (24) hours if a
bypass of any portion of the waste treatment facilities has occurred.
B. Cedar Park agrees to provide Round Rock with a photocopy of
each monthly effluent report mailed to TWC by simultaneous mailing of
a copy of such effluent report to the following address.
If to Cedar Park:
If to Round Rock:
City of Round Rock
221 E. Main Street
Round Rock, Texas 78664
Attention: City Manager
ARTICLE IV. MISCELLANEOUS
A. All notices and other communications hereunder shall be in
writing and shall be deemed to have been duly delivered four (4) days
after the date the same is deposited in a United States Post Office,
registered or certified mail, return receipt requested, first class,
postage prepaid, or on the date received if delivered in person, by
telex, or other wire service, or by other means to the following
addresses or to such other addresses as either party may designate by
written notice to the other party:
4 .
City of Cedar Park
P.O. Box 1090
Cedar Park, Texas 78613
Attention: City Manager
City of Round Rock
221 E. Main Street
Round Rock, Texas 78664
Attention: City Manager
B. Should either party to this agreement default •in the
performance of its respective obligations hereunder, the other party
shall be entitled to all such remedies as are provided by law.
C. This Agreement contains all of the terms agreed upon between
the parties with respect to the subject matter hereof. Neither party
shall be bound by any prior, contemporaneous or subsequent statement,
condition, representation or undertaking unless the same is set forth
in writing signed by such party.
D. This Agreement shall be construed and enforced in accordance
with the laws of the State of Texas. Venue for any action herein
shall be in Williamson County, Texas.
E. This agreement may be signed in any number of counterparts
with the same effect as if the signatures to each counterpart were
upon the same instrument.
F. This agreement shall be binding on and shall inure to the
benefit of the parties hereto and their respective successors,
representatives and assigns.
EXECUTED this /4.Z day of �,U4Z , 1988.
ATTEST:
ATTEST:
anne Land, City. Secretary
CITY OF CEDAR PARK, TEXAS
5.
CITY OF ROUND ROCK, TEXAS
Mike Robinson, Mayor