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R-13-06-27-F5 - 6/27/2013RESOLUTION NO. R -13-06-27-F5 WHEREAS, the City of Round Rock ("City") has previously entered into a Consent Agreement with Siena Municipal Utility District No. 1 ("District'), and WHEREAS, in accordance with the Consent Agreement the City agreed to provide wholesale wastewater services to the District, and WHEREAS, the City and the District now desire to enter into a Wholesale Wastewater Agreement to set forth the terms and conditions of such services, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City said Wholesale Wastewater Agreement with Siena Municipal Utility District No. 1, a copy of same being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 27th day of June, 2013. ALAN MCGRAW, Mayor City of Round Rock, Texas ATTEST: SARA L. WHITE, City Clerk 0.\wdox\SCCInts\0I 12\ 1304tAUNICIPAL\00276962. DOC/rmc EXHIBIT „A„ WHOLESALE WASTEWATER AGREEMENT by and between SIENA MUNICIPAL UTILITY DISTRICT NO. 1 and CITY OF ROUND ROCK STATE OF TEXAS § COUNTY OF WILLIAMSON § KNOW ALL MEN AT THESE PRESENTS: This Wholesale Wastewater Agreement (this "Agreement") is entered into as of the date last herein written between the CITY OF ROUND ROCK, TEXAS (the "City"), a home rule municipality located in Williamson County, Texas, and SIENA MUNICIPAL UTILITY DISTRICT NO. 1 (the "District"), a conservation and reclamation district created under Article XVI, Section 59 of the Texas Constitution and operating under the provisions of Chapters 49 and 54 of the Texas Water Code. In this Agreement, the City and the District are sometimes referred to individually as "aa Party" and collectively as "the Parties". WITNESSETH: WHEREAS, the City owns wastewater collection facilities and capacity in the Brushy Creek Regional Wastewater Treatment Plant ( the "Treatment Plant") and disposal facilities serving territory within the City's extraterritorial jurisdiction as well as within the boundaries of the City; and WHEREAS, the District is located within the City's extraterritorial jurisdiction and has been created, with the consent of the City, to provide, among other services, retail water and wastewater services to the land within its boundaries; and WHEREAS, in accordance with the "Amended and Restated Consent Agreement Among City of Round Rock, Texas, RSP Partners Development, L.P., Siena Municipal Utility District No. 1, and Siena Municipal Utility District No. 2" dated effective the 12th day of October, 2006 as amended (the "Consent.4greemen "), the City has agreed to provide wholesale wastewater services to the District, and the District and the City now desire to enter into this Agreement to set forth the terms and conditions of such services; WHEREAS, the District is located within the certificated water service area of Jonah Water Special Utility District ("Jonah") and Jonah intends to provide retail water service to each customer within the District; and t w0579940.3 } WHEREAS, Jonah has agreed to operate and maintain the District's internal wastewater system and to bill and collect monthly retail wastewater fees from the District's customers along with Jonah's monthly retail water fees; and WHEREAS, the City and the District desire to establish the process of the billing and collection of wastewater fees to be paid to the City; NOW, THEREFORE, for and in consideration of the premises and the mutual obligations and benefits herein contained, the Parties agree as follows: ARTICLE I. Definitions 1.01 In addition to the terms defined in the preceding paragraphs of this Agreement, the following terms, when used in this Agreement, have the following meanings: a. "Boat -d' or "Board of Directors" means the Board of Directors of the District. b. "Commission" means the Texas Commission on Environmental Quality, or its successor agency. C. "Customers Winter Avergge Usage " means the District's Winter Average Usage divided by a number equal to the total number of single family residential connections plus one-half of the total number of multi -family residential units. d. "Developer" means RSP Partners Development, L.P. e. "Director" means the Director of the City's Water and Wastewater Utility. f. "District's Ifinter Average Usage" means the District's monthly average Water usage during the preceding Winter -Averaging Period. g. "Force Majeure" means acts of God, strikes, lockouts, or other industrial disturbances; acts of a public enemy; orders of the government of the United States or the State of Texas or any civil or military authority other than the Parties; insurrection, riots, epidemics, landslides, lightning, earthquake, fires, hurricanes, storms, floods, washouts, and droughts; restraint of government and people; civil disturbances; explosions, breakage or accidents to machinery, pipelines, or canals or other causes not reasonably within the control of the Party claiming the inability. It. "Inrpacl Fees" means the amount charged by the City to pay for a portion of the capital costs of the City's wastewater collection, treatment and disposal system necessary to provide wastewater collection, treatment, and disposal services to the District. { wos799ao.31 -2- "Living Unit Equivalent" or "L UE" means the amounts of wastewater service required to serve a service unit, as determined under City Ordinances. j. "McNutt Interceptor" means the City wastewater interceptor that was constructed as provided in the Consent Agreement which will transport wastewater generated by customers located within the McNutt drainage basin, including customers within the District, to the Brushy Creek Regional Wastewater Treatment Plant. k. "Ordinances" means City ordinances, as amended from time to time. "Pro'ect" means the wastewater collection facilities to be constructed or acquired, and owned and operated, by the District. m. 'TVinter Averaging Period"means the months of December, January, and February, unless another winter -averaging period is approved by the City Council of the City. H, "Significant Industrial User" has the meaning set forth in 40 CFR §403.3(t). 0. "S stem" means the City's wastewater collection system and the Brushy Creek Regional. Wastewater Treatment Plant owned and operated by the cities of Austin, Cedar Park, and Round Rock. ARTICLE II. Impact Fees 2.01 The City's standard wastewater Impact Fees shall be collected by the District at the time of the closing and sale of each lot from the Developer to the builders. All Impact Fees collected during each calendar month will be remitted by the District to the City no later than the 15`h day of the following month. At the same time that the District remits the Impact Fees, the District shall also provide the City with a written report showing the total number of single family units and multi- family units added in the District as of the last day of the previous month. The aforesaid report shall also list the address of all single family and multi -family units. The City will give written notice to the District of any change in the City's Impact Fees at least 30 days prior to the change becoming effective, in order to allow the District adequate time to amend its rate order and adjust the amounts which it is collecting on behalf of the City under this Section. 2.02 Upon the payment of each wastewater Impact Fee described in this Article II, the District will have a guaranteed reservation and commitment of capacity in the City Systems for the amount of capacity (in LUEs) for which a wastewater Impact Fee has been paid. 2.03 All other fees required by the City will be paid as required by City Ordinances and the Consent Agreement. (W0579940.3) -3- ARTICLE III. Project Acquisition 3.01 Subject to the provisions of State law and the terms of the Consent Agreement, the District will finance and acquire the Project. 3.02 Plans and specifications for all District facilities will be subject review and approval in accordance with the Interlocal Agreement between the City and Williamson County. 3.03 The proceeds from the sale of the District bonds may be used to pay all costs and expenses permitted by State law and the rules of the Commission, including expenses and costs incurred in connection with engineering, inspecting, permitting, easement acquisition for, and constructing the Project, and all costs incurred in connection with the issuance, sale, and delivery of the bonds. 3.04 The District may enter into such contracts as are necessary to provide for purchase and construction of the Project, which contracts will be bid, approved and executed as required by State law and the rules of the Commission. ARTICLE IV. Wastewater Collection, Treatment and Disposal Services 4.01 The City will collect and transport wastewater generated by customers within the District, not to exceed 2,556 LUES, from the boundaries of the District, through its system, to the System. The exact point or points of delivery of wastewater to the System will be agreed upon by the Director and the District. The City presently has or will obtain adequate wastewater collection, treatment and disposal facilities with which to provide service to the District. Retail wastewater collection service within the District will be provided by the District. The City will be the sole source of wastewater treatment services for the District and the District will not seek to develop its own sanitary treatment capacity or an alternate source of service, except in the event that the City is no longer able to provide wastewater collection, treatment and disposal service as contemplated hereby. 4.02 The City shall charge the District a monthly flat fee for each single family residential connection and for each multi -family unit in the District. The flat fee for single family residential connections shall be calculated by multiplying the volume charge by the Customers Winter Average Usage. The flat fee for multi -family units shall be calculated by multiplying the volume charge by one-half of the Customers Winter Average Usage. The volume charge shall be the charge adopted and amended from time to time by the City Council. The initial volume charge shall be $3.90 per 1,000 gallons provided, however, it is anticipated that the City will be raising its rate to a maximum of $4.43 per 1,000 gallons during 2013. Once the initial connection is made, the foregoing flat fees will be due whether the single-family or multi -family units are occupied or not. The District's Winter Average Usage shall be calculated by taking the District's total water usage during the Winter Averaging Period, and deducting therefrom (i) water used for irrigation purposes and measured by irrigation only water meters, and (ii) water measured by fire hydrant meters. The difference of the aforesaid calculation shall then be divided by the number of months in (W0579940.3) -4- the Winter Averaging Period to obtain the District's Winter Average Usage, The District's Winter Average Usage shall then be divided by a number equal to the total number of single family residential connections plus one-half of the multi -family units in the District to arrive at the Customers Winter Average Usage. Because there will likely be little usage during the first few years, the Parties agree that until there are at least 500 single family customers, the Customers Winter Average Usage shall be deemed to be the same as the City-wide winter average usage of all single family customers in the City, as determined on an annual basis. The initial Customer Winter Average Usage is deemed to be 6,800 gallons per month, but is subject to change on an annual basis. As set forth above, the initial volume charge is $3.90 per 1,000 gallons with an anticipated increase up to $4.43 per 1,000 gallons during 2013. The initial Customer Winter Average Usage is deemed to be 6,800 gallons per month. Accordingly, the initial monthly flat fee per single-family connection and per multi -family unit (subject to future adjustment as set forth herein) is $26.52 per single-family connection and $18.56 per multi -family unit with an anticipated maximum increase to $30.12 per single-family connection and $21.08 per multi -family unit. 4.03 The District agrees to pay the City in accordance with City Ordinances, to bill users of wastewater treatment services within the District and to set and maintain tax rates and utility rates sufficient to pay the following: a. For wastewater services provided by the City pursuant to this Agreement. b. For all District operation and maintenance expenses in an amount sufficient enough to meet such expenses as they come due. C. For debt service on any bonds issued by the District in an amount deemed appropriate by the Board of Directors. 4.04 The District agrees to supply the City with a copy of each resolution or order adopted by the District setting wastewater rates within seven days of such adoption. The City agrees to give notice to the District at least 30 days prior to approval of any wholesale rate change in order to allow the District to (i) review and comment upon the proposed change and (ii) adjust its own rates to its customers based on the increase in wholesale costs. 4.05 In order to extend wastewater service to the District, the City and the Developer cost participated in the construction of the McNutt Interceptor in accordance with the terms of the Consent Agreement. The McNutt Interceptor is owned, operated and maintained by the City, subject to the reservation of 3,975 LUES of capacity in the McNutt Interceptor for the provision of wastewater service to the District and to Siena MUD No. 2 and the Developer's right to reimbursement from the District for the District's reserved capacity as provided in the Consent Agreement. 4.06 Anything to the contrary contained in this Agreement notwithstanding, the District and Siena Municipal Utility District No. 2 will have the right to transfer LUEs of wastewater service (W0579940.3) -5- between themselves as may be required for the ultimate development needs of both districts, provided that the maximum amount of wastewater service to both districts may not exceed a maximum of 3,975 LUES, as provided in the Consent Agreement. The City's consent to any such transfer will not be required, but a copy of the transfer document, which must be in writing and signed by both the transferor district and the transferee district, must be delivered to the City. ARTICLE V. Discharge Quality 5.01 Discharge Quality. The District shall discharge Wastewater into the System meeting the requirements of quality as set forth in this Article and not containing wastes identified in the List of Inadmissible Wastes attached as Exhibit A of this Agreement. (a) General Requirements. In order to properly treat and dispose of the District's Wastewater, to protect the public health, and to permit cooperation with other agencies which have requirements for the protection of the physical, chemical, and bacteriological quality of public water and watercourses, the District agrees to prohibit discharges through its agreement with Jonah into its own collection system at unauthorized points of entry or at rates of flow or of quality not herein specified as admissible. (b) Admissible Wastes. Discharges into the System by the District shall consist only of waste which the System is designed to treat and process: (i) so that the effluent and sludge from the System meets the legal standards of the EPA, the Commission or any governmental body having legal authority to set standards for such effluents; (ii) without causing damage to the System which would result in increased maintenance costs; (iii) without causing excessive treatment costs; and (iv) which meets the requirements of the EPA Pretreatment Regulations, 40 CFR Part 403, City's applicable rules and the EPA -approved pretreatment program for the System. (c) Inadmissible Wastes. A List of Inadmissible Wastes is attached hereto as Exhibit A. EPA and the Commission periodically modify standards on prohibited discharges; therefore, revisions to, additions to or deletions from the items listed in this Section will become necessary to comply with these latest standards. It is the intention of this Agreement that prohibited discharge requirements be reviewed periodically by the City and that Exhibit A be revised by the City in accordance with the latest standards of EPA, the Commission or federal or state agency having regulatory authority over the discharges made to the System. Exhibit A may also be revised on the basis of changes in the treatment process or the general character of Wastewater received at the Treatment Plant from the District or indicated in the monitoring data related to the District's discharges collected pursuant to the system pretreatment program. Any required revisions shall be (W0579940.3) -6- made by the City only after notice and opportunity to comment has been provided to the District and shall become effective upon written notice thereof being given to the District. The District shall be responsible for integrating such changes into its local sewer use regulations and notifying all affected users of the change. 5.02 REGULATIONS. Discharges to the System shall be governed by the requirements set forth in the EPA pretreatment regulations, Commission pretreatment regulations, the List of Inadmissible Wastes, the System pretreatment program and District's respective sewer use ordinances or regulations. Periodically, the City will promulgate a new List of Inadmissible Wastes, Exhibit A of this Agreement, in response to changes in federal or state requirements, changes in the treatment process, or the general character of the Wastewater received at the System's treatment plant. The List of Inadmissible Wastes will contain pollutant allocations to the District. The District is responsible for developing specific local limits from the pollutant allocations and enforcing these limits through the District's regulations and sewer use permits. Notwithstanding any provision in this Agreement or the Consent Agreement to the contrary, the District is subject to the same quality requirements that apply to the City. 5.03 INDUSTRIAL WASTES. The District agrees to implement and enforce the System pretreatment program for all areas receiving sanitary sewer service from the District. The District also covenants that it will have in effect and will enforce sewer use regulations in accordance with EPA and Commission regulations or regulations of other governmental agencies having lawful jurisdiction to set standards for waste discharges. Furthermore, the District shall, at any reasonable time upon request by City, produce pretreatment program records for review. The District also agrees that no new Significant Industrial User shall be allowed to connect to the District's sewer system without prior notification being given by the District to City of the intent to connect. The District will provide City with a copy of the draft sewer use permit and permit application at the time such notification is given. All Significant Industrial Users that are customers of the District will also be required to obtain a sewer use permit. 5.04 TITLE TO AND RESPONSIBILITY FOR TREATMENT AND DISPOSAL OF WASTEWATER. Title to and responsibility for the reception, transportation, delivery and disposal of all Wastewater discharged hereunder shall remain with the District to the Point(s) of Entry, and upon passing through the Point(s) of Entry, title to and responsibility for the Wastewater shall pass to City, and City shall be responsible for the proper reception, transportation, treatment, disposal and/or reuse of all such Wastewater, meeting the applicable quality standards, received by it at the Point(s) of Entry. Responsibility for proper reception, transportation, treatment and disposal of Wastewater received by City at the Point(s) of Entry which does not meet the applicable quality standards shall remain with the District and any expenses incurred by City in receiving, transporting, treating and disposing of such non-compliant Wastewater shall be charged directly to the District by City, upon demonstrating that such Wastewater was delivered by the District. tw0579940.31 -7- ARTICLE VI Maintenance and Repair of System 6.01 The District agrees to use reasonable efforts to maintain and repair the District's collection system to minimize inflow and infiltration in the System. Reasonable efforts shall include, but are not limited to, inspecting all of the District's collection lines with a video camera at least every five years. The District shall provide the City with a copy of all reports and data obtained from the video camera inspection. The District shall promptly take steps to repair any problems that are resulting in inflow and infiltration into the District's system. 6.02 In addition to the foregoing, the District agrees to allow the City to inspect the District's collection system to assure that inflow and infiltration is minimized. This inspection shall include the right to video the collection system at any time deemed necessary by the City, upon prior notice to the District and Jonah. If the inspection reveals that no significant inflow and infiltration exists the cost of the inspection shall be borne by the City. If the inspection reveals that significant inflow and infiltration exists, then the cost of the inspection shall be borne by the District. 6.03. Any time that significant inflow and infiltration is discovered, the District shall immediately remedy the problem to eliminate such inflow and infiltration. If the City determines that there is significant inflow and infiltration in the District's system that could be remedied, the City shall give the District written notice to perform necessary repairs and/or maintenance. If the District fails or refuses to perform such needed repairs or maintenance within 30 days of said notice, then the City shall have the right to perform such repairs or maintenance. In that event, the City will add the cost of such repairs or maintenance to the District's monthly bill and the District will be responsible for the prompt payment of same. ARTICLE VII. Miscellaneous 7.01 If, by reason of Force Majeure, a Party is rendered unable, wholly or in part, to carry out its obligations under this Agreement, such Party will give written notice and the full particulars of such Force Majeure to the other Party within a reasonable time after occurrence of the event or cause relied upon, and the obligation of the Party giving such notice, to the extent it is affected by such Force Majeure, will be suspended during the continuance of the inability then claimed, but for no longer period, and any such Party will endeavor to remove or overcome such inability with all reasonable dispatch. 7.02 The City will not be liable to the District or any customer of the District for the failure of the City to provide wastewater treatment service where the failure results from Force Majeure. 7.03 This Agreement is subject to all valid rules, regulations and laws applicable thereto promulgated by the United States of America, the State of Texas, or any agency thereof or regulatory body having lawful jurisdiction. (W0579940,3) -8- 7.04 This Agreement will be for the sole and exclusive benefit of the City and the District and will not be construed to confirm any benefit or right upon any other parties. 7.05 This Agreement may be amended by consent of both of the Parties. 7.06 The provisions of this Agreement are severable and, if any word, phrase, clause, sentence, paragraph, section or other part of this Agreement or the application thereof to any person or circumstance is ever held by any court of competent jurisdiction to be invalid or unconstitutional for any reason, the remainder of this Agreement will be construed as if such invalid provision was not contained herein. 7.07 This Agreement will be in force and effect from the date of execution by both Parties and will continue in effect for 40 years thereafter. The foregoing notwithstanding, if all of the land within the District is annexed and the District is dissolved, this Agreement will terminate on the date of dissolution of the District. 7.08 This Agreement will be construed under and in accordance with Texas law, Venue for any action arising hereunder will be in Williamson County, Texas. 7.09 Any notice given under this Agreement must be in writing. Notice may be given: (i) by depositing the notice in the United States Mail, postage paid, certified, and addressed to the Party to be notified with return receipt requested; (ii) by delivering the notice to the Party, or an agent of the Party or (iii) by confirmed facsimile, provided that a copy of the notice is also given in one of the manners specified in (i) or (ii). Notice deposited in the mail in the manner specified will be effective three days after deposit. Notice given in any other manner will be effective only if and when received by the Party to be notified. For the purposes of notice, the addresses of the parties will, until changed as provided below, be as follows: CITY: City of Round Rock 221 East Main Street Round Rock, Texas 78664 Attn: City Manager Facsimile: (512) 218-7097 With copy to: Stephan L. Sheets Sheets & Crossfield, P.C. City Attorney 309 E. Main St. Round Rock, Texas 78664 Email: stevee ,serrlaw.com { w0579940.31 -9- DISTRICT: Siena Municipal Utility District No. 1 c/o Mary Bott Bott & Douthitt, PLLC P.O. Box 2445 Round Rock, Texas 78664 Email: maty@bottdouhitt.com With copy to: Sharlene Collins Armbrust & Brown, PLLC 100 Congress Ave., Ste. 1300 Austin, Texas 78701 Email: scollinsaabaustin.com The Parties may change their respective addresses for purposes of Notice by giving at least five days written notice of the new address to the other party. 7.10 If any date or any period provided in this Agreement ends on a Saturday, Sunday or legal holiday, the applicable period will be extended to the next business day. 7.11 Each party has been represented by legal counsel who have participated equally in the formulation, drafting, and approval of this Agreement. Therefore, in the event of any ambiguity, the provisions of this Agreement will not be construed for or against either party based on draftsmanship. Wherever appropriate, the masculine gender may include the feminine or neuter, and the singular may include the plural, and vice versa. IN WITNESS WHEREOF, the City and the District, acting under the authority of their respective governing bodies, have caused multiple counterparts of this Agreement to be duly executed, each of which will be of equal dignity, all as of the day of 2013. ' CITY OF ROUND ROCK, TEXAS ALAN McGRAW, Mayor Date: t tvo5799Ao.3I -10- ATTEST: SARA WHITE City Clerk Acknowledgment This instrument was acknowledged before me this _ day of 2013 by Alan McGraw, Mayor of the City of Round Rock, on behalf of said municipality. Notary Public, State of Texas Printed Name My Commission Expires: (W0579940.3) ATTEST: Daniel McFall, Secretary Board of Directors SIENA MUNICIPAL UTILITY DISTRICT NO. 1 By: —_..... James R. ie, President Board o irectors Date:_ '— Z3 /Ze 1.3 Acknowledgment This instrument was acknowledged before me this .23day of --ti '' 12& , 2013 by James R. Cone, President of the Board of Directors of Siena Municipal UyNo. 1, on behalf of said District. SFt>1FiLC�LL.N"j�q NOTARY PUBLIC �tatrr o1 Texas 0 -91 -24 -al(; (W0579940.3) -12- N faiy Public, State of exas JYlczt� je�= /J. A� '7si4Er; Printed Name My Commission Expires: (`'i ' 2 L4 24) EXHIBIT "A" LIST OF INADMISSIBLE WASTES The following list constitutes the pollutant allocations and local limits established under the Brushy Creek Regional Wastewater System Pretreatment Program specifying both numerical concentration limits and prohibited substances for discharge to the System of toxic or regulated pollutants which could cause interference with the operation of the treatment plant or cause a violation of the State or Federal discharge permit provisions. Customer agrees to limit discharges to the System in accordance with the following list: Prohibited discharges include: 1. Wastewater having a temperature that would result in the total combined influent to the treatment plant to exceed a temperature of 104 degrees Fahrenheit or 32.2 degrees Celsius. 2. Wastewater having a pH value lower than 5.0 or higher than 10.5 or which will cause structural damage to the System. 3. Wastewater containing gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquids, solids, gases, or any material that will result in the presence of toxic gases, vapors or fumes within the System in quantities which may cause acute worker health and safety problems. 4. Wastewater containing oil and grease or any grease, fats, waxes, oil, plastic or other substances that will solidify or become discernibly viscous at any temperature between 32 degrees Fahrenheit and 90 degrees Fahrenheit so as to cause obstruction in the collection system or at the treatment plant. Wastewater with a radioactive content greater than allowable by applicable provisions of the Texas Radiation Control Act, Article 4590 (0, Revised Civil Statutes of Texas, and Texas Re ulations for Control of Radiation issued thereunder. 6. Wastewater with a dissolved hydrogen sulfide concentration greater than 1.0 milligrams per liter. 7. Wastewater containing corrosive constituents that have a damaging or corrosive effect on system components. 8. Any hazardous wastes prohibited by regulatory agencies. 9. Any trucked or hauled pollutants except at discharge points designated by the BRA and with the written consent of the Subregional Customer or BRA. 10. Wastewater, which alone or in conjunction with other wastewater, causes the wastewater entering any entry point into the system to exceed a five-day Biochemical Oxygen 275054 Demand (BOD), concentration of 300 milligrams per liter or a Total Suspended Solids (TSS), concentration of 400 milligrams per liter, shall be subject to surcharge on the basis of actual increased operating costs so long as the pollutant is not causing interference with the operation of the BRA/LCRA`s State or Federal discharge permit provisions, and as long as said pollutants are deemed acceptable by the BRA. BRA shall determine the cost of treatment for pollutants received from all Customers and Subregional Customers and determine additional treatment costs for excessive pollutants to be surcharged. 11. Wastewater with concentrations of toxic pollutants, including heavy metals and other pollutants designated under the System Pretreatment Program, which will alone or in conjunction with other wastewater cause the treatment plant influent to contain in excess of. Pollutant System Headworks Limit Fern 24 Hour Composite Creek lbs/day LM -91M Cadmium 24.6864 0,2 Chloroform 493.7280 4.0 Chromium (Total) 2,098.3440 17.0 Copper 432.0120 3.5 Ethyl Benzene 1,974.9120 16.0 Lead 61.7160 0.5 Naphthalene 1,851.4800 15.0 Nickel 555.4440 4.5 Silver 8.6402 0.07 Tetrachloroethylene 617.1600 5.0 Toluene 1,728.0480 14,0 Zinc 469.0416 3.8 12. The combined volume of all wastewater discharged by the Subregional Customers shall not contain the following listed pollutants in excess of the listed loading without prior written approval from the BRA. Pollutant Pollutant Allocation in lbs/day Brushy Fern Creek Bluff LCRA Cadmium 2.9690 1.0342 04.0032 Chloroform 59.3808 20.6832 80.0640 Chromium (Total) 252.3684 87.9036 340.2720 Copper 51.9582 18.0978 70.0560 Ethyl Benzene 237.5232 82.7328 320.02560 Lead 7.4226 2.5854 10.0080 Naphthalene 222.6780 77.5620 300.2400 Nickel 66.8034 23.2686 90.0720 Silver 1.0392 0.3620 1.4011 Tetrachloroethylene 74.2260 25.8540 100.0800 2 Toluene 207.8328 72,3912 280.2240 Zinc 56.4118 196490 76.0608 The BRA will periodically monitor for those pollutants at selected Subregional Customer's Points of Entry. Should the analysis indicate any of the pollutants listed are approaching or exceeding the System Head Works Limit, the Subregional Customer(s) shall determine the source of the pollutant and require the generator(s) to reduce or cease discharge of the pollutant and/or commence monitoring of the pollutant as required in the Brushy Creek Regional Wastewater System Pretreatment Program. City of Round Rock '�RWND ROCK TEXAS euAross. tncvon rarnpFnm Agenda Item Summary Agenda Number: F.5 Title: Consider a resolution authorizing the Mayor to execute a Wholesale Wastewater Agreement with Siena Municipal Utility District No. 1. Type: Resolution Governing Body: City Council Agenda Date: 6/27/2013 Dept Director: Michael Thane, Director of Utilities and Environmental Services Cost: $0.00 Indexes: Attachments: Resolution, Exhibit A, Map - Siena MUD No. 1 Text of Legislative File 13-456 In 2006, the City of Round Rock and Siena Municipal Utility District No. 1 (MUD) entered into a consent agreement for the establishment of the MUD on the eastern edge of the City's extraterritorial jurisdiction. The MUD is now starting to develop which prompts the development of a wholesale wastewater agreement with the City of Round Rock because it is located within the City's certified wastewater service area. The MUD is located within the certified water service area of Jonah Water Special Utility District, and Jonah intends to provide retail water service to each customer within the MUD. Jonah has agreed to operate and maintain the MUD's internal wastewater system and to bill and collect monthly retail wastewater fees from the MUD's customers along with Jonah's monthly retail water fees. This Wholesale Wastewater Agreement establishes the process of billing and collection of wastewater fees to be paid to the City. Jonah will collect the wastewater fees for the MUD and the MUD will then reimburse the City for the wholesale wastewater service. The initial volume charge to the MUD customers will be $3.90 per 1,000 gallons with an anticipated increase up to $4.43 per 1,000 gallons during 2013. Staff recommends approval. City of Round Rock Page 1 Printed on 612512013 . . _. . _. . . . . . � J X u O w CN WHOLESALE WASTEWATER AGREEMENT by and between SIENA MUNICIPAL UTILITY DISTRICT NO. 1 and CITY OF ROUND ROCK STATE OF TEXAS § COUNTY OF WILLIAMSON § KNOW ALL MEN AT THESE PRESENTS: This Wholesale Wastewater Agreement (this "Agreement') is entered into as of the date last herein written between the CITY OF ROUND ROCK, TEXAS (the "C t "), a home rule municipality located in Williamson County, Texas, and SIENA MUNICIPAL UTILITY DISTRICT NO. 1 (the "District"), a conservation and reclamation district created under Article XVI, Section 59 of the Texas Constitution and operating under the provisions of Chapters 49 and 54 of the Texas Water Code. In this Agreement, the City and the District are sometimes referred to individually as "a Par " and collectively as "the Parties". WITNESSETH: WHEREAS, the City owns wastewater collection facilities and capacity in the Brushy Creek Regional Wastewater Treatment Plant ( the "Treatment Plant") and disposal facilities serving territory within the City's extraterritorial jurisdiction as well as within the boundaries of the City; and WHEREAS, the District is located within the City's extraterritorial jurisdiction and has been created, with the consent of the City, to provide, among other services, retail water and wastewater services to the land within its boundaries; and WHEREAS, in accordance with the "Amended and Restated Consent Agreement Among City of Round Rock, Texas, RSP Partners Development, L.P., Siena Municipal Utility District No. 1, and Siena Municipal Utility District No. 2" dated effective the 12th day of October, 2006 as amended (the "Consent Agreement"), the City has agreed to provide wholesale wastewater services to the District, and the District and the City now desire to enter into this Agreement to set forth the terms and conditions of such services; WHEREAS, the District is located within the certificated water service area of Jonah Water Special Utility District ("Jonah") and Jonah intends to provide retail water service to each customer within the District; and (W0579940.3) WHEREAS, Jonah has agreed to operate and maintain the District's internal wastewater system and to bill and collect monthly retail wastewater fees from the District's customers along with Jonah's monthly retail water fees; and WHEREAS, the City and the District desire to establish the process of the billing and collection of wastewater fees to be paid to the City; NOW, THEREFORE, for and in consideration of the premises and the mutual obligations and benefits herein contained, the Parties agree as follows: ARTICLE I. Definitions 1.01 In addition to the terms defined in the preceding paragraphs of this Agreement, the following terms, when used in this Agreement, have the following meanings: a. "Board" or "Board o Directors" means the Board of Directors of the District. b. "Commission " means the Texas Commission on Environmental Quality, or its successor agency. C. "Customers Winter Average Usage " means the District's Winter Average Usage divided by a number equal to the total number of single family residential connections plus one-half of the total number of multi -family residential units. d. "Developer" means RSP Partners Development, L.P. e. "Director" means the Director of the City's Water and Wastewater Utility. f. "District's Winter Average Usage" means the District's monthly average Water usage during the preceding Winter -Averaging Period. g. "Force Ma'eure" means acts of God, strikes, lockouts, or other industrial disturbances; acts of a public enemy; orders of the government of the United States or the State of Texas or any civil or military authority other than the Parties; insurrection, riots, epidemics, landslides, lightning, earthquake, fires, hurricanes, storms, floods, washouts, and droughts; restraint of government and people; civil disturbances; explosions, breakage or accidents to machinery, pipelines, or canals or other causes not reasonably within the control of the Party claiming the inability. h. "Impact Fees" means the amount charged by the City to pay for a portion of the capital costs of the City's wastewater collection, treatment and disposal system necessary to provide wastewater collection, treatment, and disposal services to the District. (W0579940.3) -2- L "Living Unit Equivalent" or "L UE" means the amounts of wastewater service required to serve a service unit, as determined under City Ordinances. j. "McNutt Interceptor" means the City wastewater interceptor that was constructed as provided in the Consent Agreement which will transport wastewater generated by customers located within the McNutt drainage basin, including customers within the District, to the Brushy Creek Regional Wastewater Treatment Plant. k. "Ordinances" means City ordinances, as amended from time to time. 1. "Project" means the wastewater collection facilities to be constructed or acquired, and owned and operated, by the District. M. "Winter Averaging Period" means the months of December, January, and February, unless another winter -averaging period is approved by the City Council of the City. n. "Significant Industrial User" has the meaning set forth in 40 CFR §403.3(t). o. "System" means the City's wastewater collection system and the Brushy Creek Regional Wastewater Treatment Plant owned and operated by the cities of Austin, Cedar Park, and Round Rock. ARTICLE H. Impact Fees 2.01 The City's standard wastewater Impact Fees shall be collected by the District at the time of the closing and sale of each lot from the Developer to the builders. All Impact Fees collected during each calendar month will be remitted by the District to the City no later than the 15th day of the following month. At the same time that the District remits the Impact Fees, the District shall also provide the City with a written report showing the total number of single family units and multi- family units added in the District as of the last day of the previous month. The aforesaid report shall also list the address of all single family and multi -family units. The City will give written notice to the District of any change in the City's Impact Fees at least 30 days prior to the change becoming effective, in order to allow the District adequate time to amend its rate order and adjust the amounts which it is collecting on behalf of the City under this Section. 2.02 Upon the payment of each wastewater Impact Fee described in this Article II, the District will have a guaranteed reservation and commitment of capacity in the City Systems for the amount of capacity (in LUEs) for which a wastewater Impact Fee has been paid. 2.03 All other fees required by the City will be paid as required by City Ordinances and the Consent Agreement. { W0579940.3 } -3- ARTICLE III. Proiect Acquisition 3.01 Subject to the provisions of State law and the terms of the Consent Agreement, the District will finance and acquire the Project. 3.02 Plans and specifications for all District facilities will be subject review and approval in accordance with the Interlocal Agreement between the City and Williamson County. 3.03 The proceeds from the sale of the District bonds may be used to pay all costs and expenses permitted by State law and the rules of the Commission, including expenses and costs incurred in connection with engineering, inspecting, permitting, easement acquisition for, and constructing the Project, and all costs incurred in connection with the issuance, sale, and delivery of the bonds. 3.04 The District may enter into such contracts as are necessary to provide for purchase and construction of the Project, which contracts will be bid, approved and executed as required by State law and the rules of the Commission. ARTICLE IV. Wastewater Collection, Treatment and Disposal Services 4.01 The City will collect and transport wastewater generated by customers within the District, not to exceed 2,556 LUEs, from the boundaries of the District, through its system, to the System. The exact point or points of delivery of wastewater to the System will be agreed upon by the Director and the District. The City presently has or will obtain adequate wastewater collection, treatment and disposal facilities with which to provide service to the District. Retail wastewater collection service within the District will be provided by the District. The City will be the sole source of wastewater treatment services for the District and the District will not seek to develop its own sanitary treatment capacity or an alternate source of service, except in the event that the City is no longer able to provide wastewater collection, treatment and disposal service as contemplated hereby. 4.02 The City shall charge the District a monthly flat fee for each single family residential connection and for each multi -family unit in the District. The flat fee for single family residential connections shall be calculated by multiplying the volume charge by the Customers Winter Average Usage. The flat fee for multi -family units shall be calculated by multiplying the volume charge by one-half of the Customers Winter Average Usage. The volume charge shall be the charge adopted and amended from time to time by the City Council. The initial volume charge shall be $3.90 per 1,000 gallons provided, however, it is anticipated that the City will be raising its rate to a maximum of $4.43 per 1,000 gallons during 2013. Once the initial connection is made, the foregoing flat fees will be due whether the single-family or multi -family units are occupied or not. The District's Winter Average Usage shall be calculated by taking the District's total water usage during the Winter Averaging Period, and deducting therefrom (i) water used for irrigation purposes and measured by irrigation only water meters, and (ii) water measured by fire hydrant meters. The difference of the aforesaid calculation shall then be divided by the number of months in { W0579940.3 } -4- the Winter Averaging Period to obtain the District's Winter Average Usage. The District's Winter Average Usage shall then be divided by a number equal to the total number of single family residential connections plus one-half of the multi -family units in the District to arrive at the Customers Winter Average Usage. Because there will likely be little usage during the first few years, the Parties agree that until there are at least 500 single family customers, the Customers Winter Average Usage shall be deemed to be the same as the City-wide winter average usage of all single family customers in the City, as determined on an annual basis. The initial Customer Winter Average Usage is deemed to be 6,800 gallons per month, but is subject to change on an annual basis. As set forth above, the initial volume charge is $3.90 per 1,000 gallons with an anticipated increase up to $4.43 per 1,000 gallons during 2013. The initial Customer Winter Average Usage is deemed to be 6,800 gallons per month. Accordingly, the initial monthly flat fee per single-family connection and per multi -family unit (subject to future adjustment as set forth herein) is $26.52 per single-family connection and $18.56 per multi -family unit with an anticipated maximum increase to $30.12 per single-family connection and $21.08 per multi -family unit. 4.03 The District agrees to pay the City in accordance with City Ordinances, to bill users of wastewater treatment services within the District and to set and maintain tax rates and utility rates sufficient to pay the following: a. For wastewater services provided by the City pursuant to this Agreement. b. For all District operation and maintenance expenses in an amount sufficient enough to meet such expenses as they come due. c. For debt service on any bonds issued by the District in an amount deemed appropriate by the Board of Directors. 4.04 The District agrees to supply the City with a copy of each resolution or order adopted by the District setting wastewater rates within seven days of such adoption. The City agrees to give notice to the District at least 30 days prior to approval of any wholesale rate change in order to allow the District to (i) review and comment upon the proposed change and (ii) adjust its own rates to its customers based on the increase in wholesale costs. 4.05 In order to extend wastewater service to the District, the City and the Developer cost participated in the construction of the McNutt Interceptor in accordance with the terms of the Consent Agreement. The McNutt Interceptor is owned, operated and maintained by the City, subject to the reservation of 3,975 LUES of capacity in the McNutt Interceptor for the provision of wastewater service to the District and to Siena MUD No. 2 and the Developer's right to reimbursement from the District for the District's reserved capacity as provided in the Consent Agreement. 4.06 Anything to the contrary contained in this Agreement notwithstanding, the District and Siena Municipal Utility District No. 2 will have the right to transfer LUES of wastewater service (W0579940.3) -5- between themselves as may be required for the ultimate development needs of both districts, provided that the maximum amount of wastewater service to both districts may not exceed a maximum of 3,975 LUEs, as provided in the Consent Agreement. The City's consent to any such transfer will not be required, but a copy of the transfer document, which must be in writing and signed by both the transferor district and the transferee district, must be delivered to the City. ARTICLE V. Discharge Quality 5.01 Discharge Quality. The District shall discharge Wastewater into the System meeting the requirements of quality as set forth in this Article and not containing wastes identified in the List of Inadmissible Wastes attached as Exhibit A of this Agreement. (a) General Requirements. In order to properly treat and dispose of the District's Wastewater, to protect the public health, and to permit cooperation with other agencies which have requirements for the protection of the physical, chemical, and bacteriological quality of public water and watercourses, the District agrees to prohibit discharges through its agreement with Jonah into its own collection system at unauthorized points of entry or at rates of flow or of quality not herein specified as admissible. (b) Admissible Wastes. Discharges into the System by the District shall consist only of waste which the System is designed to treat and process: (i) so that the effluent and sludge from the System meets the legal standards of the EPA, the Commission or any governmental body having legal authority to set standards for such effluents; (ii) without causing damage to the System which would result in increased maintenance costs; (iii) without causing excessive treatment costs; and (iv) which meets the requirements of the EPA Pretreatment Regulations, 40 CFR Part 403, City's applicable rules and the EPA -approved pretreatment program for the System. (c) Inadmissible Wastes. A List of Inadmissible Wastes is attached hereto as Exhibit A. EPA and the Commission periodically modify standards on prohibited discharges; therefore, revisions to, additions to or deletions from the items listed in this Section will become necessary to comply with these latest standards. It is the intention of this Agreement that prohibited discharge requirements be reviewed periodically by the City and that Exhibit A be revised by the City in accordance with the latest standards of EPA, the Commission or federal or state agency having regulatory authority over the discharges made to the System. Exhibit A may also be revised on the basis of changes in the treatment process or the general character of Wastewater received at the Treatment Plant from the District or indicated in the monitoring data related to the District's discharges collected pursuant to the system pretreatment program. Any required revisions shall be (W0579940.3) -6- made by the City only after notice and opportunity to comment has been provided to the District and shall become effective upon written notice thereof being given to the District. The District shall be responsible for integrating such changes into its local sewer use regulations and notifying all affected users of the change. 5.02 REGULATIONS. Discharges to the System shall be governed by the requirements set forth in the EPA pretreatment regulations, Commission pretreatment regulations, the List of Inadmissible Wastes, the System pretreatment program and District's respective sewer use ordinances or regulations. Periodically, the City will promulgate a new List of Inadmissible Wastes, Exhibit A of this Agreement, in response to changes in federal or state requirements, changes in the treatment process, or the general character of the Wastewater received at the System's treatment plant. The List of Inadmissible Wastes will contain pollutant allocations to the District. The District is responsible for developing specific local limits from the pollutant allocations and enforcing these limits through the District's regulations and sewer use permits. Notwithstanding any provision in this Agreement or the Consent Agreement to the contrary, the District is subject to the same quality requirements that apply to the City. 5.03 INDUSTRIAL WASTES. The District agrees to implement and enforce the System pretreatment program for all areas receiving sanitary sewer service from the District. The District also covenants that it will have in effect and will enforce sewer use regulations in accordance with EPA and Commission regulations or regulations of other governmental agencies having lawful jurisdiction to set standards for waste discharges. Furthermore, the District shall, at any reasonable time upon request by City, produce pretreatment program records for review. The District also agrees that no new Significant Industrial User shall be allowed to connect to the District's sewer system without prior notification being given by the District to City of the intent to connect. The District will provide City with a copy of the draft sewer use permit and permit application at the time such notification is given. All Significant Industrial Users that are customers of the District will also be required to obtain a sewer use permit. 5.04 TITLE TO AND RESPONSIBILITY FOR TREATMENT AND DISPOSAL OF WASTEWATER. Title to and responsibility for the reception, transportation, delivery and disposal of all Wastewater discharged hereunder shall remain with the District to the Point(s) of Entry, and upon passing through the Point(s) of Entry, title to and responsibility for the Wastewater shall pass to City, and City shall be responsible for the proper reception, transportation, treatment, disposal and/or reuse of all such Wastewater, meeting the applicable quality standards, received by it at the Point(s) of Entry. Responsibility for proper reception, transportation, treatment and disposal of Wastewater received by City at the Point(s) of Entry which does not meet the applicable quality standards shall remain with the District and any expenses incurred by City in receiving, transporting, treating and disposing of such non-compliant Wastewater shall be charged directly to the District by City, upon demonstrating that such Wastewater was delivered by the District. (W0579940.3) -7- ARTICLE VI Maintenance and Repair of System 6.01 The District agrees to use reasonable efforts to maintain and repair the District's collection system to minimize inflow and infiltration in the System. Reasonable efforts shall include, but are not limited to, inspecting all of the District's collection lines with a video camera at least every five years. The District shall provide the City with a copy of all reports and data obtained from the video camera inspection. The District shall promptly take steps to repair any problems that are resulting in inflow and infiltration into the District's system. 6.02 In addition to the foregoing, the District agrees to allow the City to inspect the District's collection system to assure that inflow and infiltration is minimized. This inspection shall include the right to video the collection system at any time deemed necessary by the City, upon prior notice to the District and Jonah. If the inspection reveals that no significant inflow and infiltration exists the cost of the inspection shall be borne by the City. If the inspection reveals that significant inflow and infiltration exists, then the cost of the inspection shall be borne by the District. 6.03. Any time that significant inflow and infiltration is discovered, the District shall immediately remedy the problem to eliminate such inflow and infiltration. If the City determines that there is significant inflow and infiltration in the District's system that could be remedied, the City shall give the District written notice to perform necessary repairs and/or maintenance. If the District fails or refuses to perform such needed repairs or maintenance within 30 days of said notice, then the City shall have the right to perform such repairs or maintenance. In that event, the City will add the cost of such repairs or maintenance to the District's monthly bill and the District will be responsible for the prompt payment of same. ARTICLE VII. Miscellaneous 7.01 If, by reason of Force Majeure, a Party is rendered unable, wholly or in part, to carry out its obligations under this Agreement, such Party will give written notice and the full particulars of such Force Majeure to the other Party within a reasonable time after occurrence of the event or cause relied upon, and the obligation of the Party giving such notice, to the extent it is affected by such Force Majeure, will be suspended during the continuance of the inability then claimed, but for no longer period, and any such Party will endeavor to remove or overcome such inability with all reasonable dispatch. 7.02 The City will not be liable to the District or any customer of the District for the failure of the City to provide wastewater treatment service where the failure results from Force Majeure. 7.03 This Agreement is subject to all valid rules, regulations and laws applicable thereto promulgated by the United States of America, the State of Texas, or any agency thereof or regulatory body having lawful jurisdiction. {W0579940.3) -8- 7.04 This Agreement will be for the sole and exclusive benefit of the City and the District and will not be construed to confirm any benefit or right upon any other parties. 7.05 This Agreement may be amended by consent of both of the Parties. 7.06 The provisions of this Agreement are severable and, if any word, phrase, clause, sentence, paragraph, section or other part of this Agreement or the application thereof to any person or circumstance is ever held by any court of competent jurisdiction to be invalid or unconstitutional for any reason, the remainder of this Agreement will be construed as if such invalid provision was not contained herein. 7.07 This Agreement will be in force and effect from the date of execution by both Parties and will continue in effect for 40 years thereafter. The foregoing notwithstanding, if all of the land within the District is annexed and the District is dissolved, this Agreement will terminate on the date of dissolution of the District. 7.08 This Agreement will be construed under and in accordance with Texas law. Venue for any action arising hereunder will be in Williamson County, Texas. 7.09 Any notice given under this Agreement must be in writing. Notice may be given: (i) by depositing the notice in the United States Mail, postage paid, certified, and addressed to the Party to be notified with return receipt requested; (ii) by delivering the notice to the Party, or an agent of the Party or (iii) by confirmed facsimile, provided that a copy of the notice is also given in one of the manners specified in (i) or (ii). Notice deposited in the mail in the manner specified will be effective three days after deposit. Notice given in any other manner will be effective only if and when received by the Party to be notified. For the purposes of notice, the addresses of the parties will, until changed as provided below, be as follows: CITY: City of Round Rock 221 East Main Street Round Rock, Texas 78664 Attn: City Manager Facsimile: (512) 218-7097 With copy to: Stephan L. Sheets Sheets & Crossfield, P.C. City Attorney 309 E. Main St. Round Rock, Texas 78664 Email: steve ,scrrlaw.com { W0579940.31 DISTRICT: Siena Municipal Utility District No. c/o Mary Bott Bott & Douthitt, PLLC P.O. Box 2445 Round Rock, Texas 78664 Email: mary@bottdouhitt.com With copy to: Sharlene Collins Armbrust & Brown, PLLC 100 Congress Ave., Ste. 1300 Austin, Texas 78701 Email: scollins(a�abaustin.com The Parties may change their respective addresses for purposes of Notice by giving at least five days written notice of the new address to the other party. 7.10 If any date or any period provided in this Agreement ends on a Saturday, Sunday or legal holiday, the applicable period will be extended to the next business day. 7.11 Each party has been represented by legal counsel who have participated equally in the formulation, drafting, and approval of this Agreement. Therefore, in the event of any ambiguity, the provisions of this Agreement will not be construed for or against either party based on draftsmanship. Wherever appropriate, the masculine gender may include the feminine or neuter, and the singular may include the plural, and vice versa. IN WITNESS WHEREOF, the City and the District, acting under the authority of their respective governing bodies, have caused multiple counterparts of this Agreement to be duly executed, each of which will be of equal dignity, all as of the 2-14k day of Ai114y , 2013. CITY OF ROUND ROCK, TEXAS B QM Y• ALAN McGRAW, Mayor Date: (�7•21-' 13 (W0579940.3) -10- ATTEST: SARA WHITE City Clerk Acknowledgment This instrument was acknowledged before me this �ay of d—ME , 2013 by Alan McGraw, Mayor of the City of Round Rock, on behalf of said municipality. `\\\0\111111IIIII/////// lotary Pub c, State o Te s o s r94f Mf of N •' Printed Name My Commission Expires: 9-091Zo� I/1111111 t W0579940.3 } ATTEST: r Daniel McFall, Secretary Board of Directors SIENA MUNICIPAL UTILITY DISTRICT NO. 1 By: Jamo R. Cone, President Board of Directors Date: S/23�2oig Acknowledgment This instrument was acknowledged before me this .23day of zvvav , 2013 by James R. Cone, President of the Board of Directors of Siena Municipal Ytility District No. 1, on behalf of said District. COLLINSUBLICexas-24-2016 =ENE (W0579940.3) -12- Notary Public, State of Texas Printed Name My Commission Expires: M • Z4 ' 20l b EXHIBIT "A" LIST OF INADMISSIBLE WASTES The following list constitutes the pollutant allocations and local limits established under the Brushy Creek Regional Wastewater System Pretreatment Program specifying both numerical concentration limits and prohibited substances for discharge to the System of toxic or regulated pollutants which could cause interference with the operation of the treatment plant or cause a violation of the State or Federal discharge permit provisions. Customer agrees to limit discharges to the System in accordance with the following list: Prohibited discharges include: 1. Wastewater having a temperature that would result in the total combined influent to the treatment plant to exceed a temperature of 104 degrees Fahrenheit or 32.2 degrees Celsius. 2. Wastewater having a pH value lower than 5.0 or higher than 10.5 or which will cause structural damage to the System. Wastewater containing gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquids, solids, gases, or any material that will result in the presence of toxic gases, vapors or fumes within the System in quantities which may cause acute worker health and safety problems. 4. Wastewater containing oil and grease or any grease, fats, waxes, oil, plastic or other substances that will solidify or become discernibly viscous at any temperature between 32 degrees Fahrenheit and 90 degrees Fahrenheit so as to cause obstruction in the collection system or at the treatment plant. Wastewater with a radioactive content greater than allowable by applicable provisions of the Texas Radiation Control Act, Article 4590 (f), Revised Civil Statutes of Texas, and Texas Reizulations for Control of Radiation issued thereunder. 6. Wastewater with a dissolved hydrogen sulfide concentration greater than 1.0 milligrams per liter. 7. Wastewater containing corrosive constituents that have a damaging or corrosive effect on system components. Any hazardous wastes prohibited by regulatory agencies. 9. Any trucked or hauled pollutants except at discharge points designated by the BRA and with the written consent of the Subregional Customer or BRA. 10. Wastewater, which alone or in conjunction with other wastewater, causes the wastewater entering any entry point into the system to exceed a five-day Biochemical Oxygen 275054 Demand (BOD), concentration of 300 milligrams per liter or a Total Suspended Solids (TSS), concentration of 400 milligrams per liter, shall be subject to surcharge on the basis of actual increased operating costs so long as the pollutant is not causing interference with the operation of the BRA/LCRA's State or Federal discharge permit provisions, and as long as said pollutants are deemed acceptable by the BRA. BRA shall determine the cost of treatment for pollutants received from all Customers and Subregional Customers and determine additional treatment costs for excessive pollutants to be surcharged. 11. Wastewater with concentrations of toxic pollutants, including heavy metals and other pollutants designated under the System Pretreatment Program, which will alone or in conjunction with other wastewater cause the treatment plant influent to contain in excess of: Pollutant System Headworks Limit Fern 24 Hour Composite Creek lbs/day (m9/11 Cadmium 24.6864 0.2 Chloroform 493.7280 4.0 Chromium (Total) 2,098.3440 17.0 Copper 432.0120 3.5 Ethyl Benzene 1,974.9120 16.0 Lead 61.7160 0.5 Naphthalene 1,851.4800 15.0 Nickel 555.4440 4.5 Silver 8.6402 0.07 Tetrachloroethylene 617.1600 5.0 Toluene 1,728.0480 14.0 Zinc 469.0416 3.8 12. The combined volume of all wastewater discharged by the Subregional Customers shall not contain the following listed pollutants in excess of the listed loading without prior written approval from the BRA. Pollutant Pollutant Allocation in lbs/day Brushy Fern Creek Bluff LCRA Cadmium 2.9690 1.0342 04.0032 Chloroform 59.3808 20.6832 80.0640 Chromium (Total) 252.3684 87.9036 340.2720 Copper 51.9582 18.0978 70.0560 Ethyl Benzene 237.5232 82.7328 320.02560 Lead 7.4226 2.5854 10.0080 Naphthalene 222.6780 77.5620 300.2400 Nickel 66.8034 23.2686 90.0720 Silver 1.0392 0.3620 1.4011 Tetrachloroethylene 74.2260 25.8540 100.0800 2 Toluene 207.8328 72.3912 280.2240 Zinc 56.4118 196490 76.0608 The BRA will periodically monitor for those pollutants at selected Subregional Customer's Points of Entry. Should the analysis indicate any of the pollutants listed are approaching or exceeding the System Head Works Limit, the Subregional Customer(s) shall determine the source of the pollutant and require the generator(s) to reduce or cease discharge of the pollutant and/or commence monitoring of the pollutant as required in the Brushy Creek Regional Wastewater System Pretreatment Program. M