§ 36-257. Agreement for industrial wastewater collection and treatment form.

The following is the agreement for industrial wastewater collection and treatment form:

AGREEMENT FOR
INDUSTRIAL WASTEWATER COLLECTION AND TREATMENT

THIS AGREEMENT entered into this ____________ day of ____________ , 20 ____________ , by and between the ____________ , a Municipal Corporation, ____________ County, Wisconsin, hereinafter referred to as the Agency, and ____________ , a corporation having its principal place of business at ____________ , ____________ , which shall include its heirs, successors and assigns, hereinafter called the Industry.

WHEREAS, the Agency operates a public sewer collection system and a sewage treatment plant; and

WHEREAS, the Industry desires and requests that the Agency provide collection and treatment of its industrial wastewater to meet federal and state regulations; and

WHEREAS, the Agency agrees to collect and treat the Industry's industrial wastewaters if the Industry will contribute its share to the expense of construction and maintenance and operation cost thereof.

NOW, THEREFORE, the parties hereto agree as follows:

(1)

The agency agrees to collect and treat the industrial wastewater from the Industry subject to the following conditions and limitations.

a.

The volume of the industrial wastewater discharged from the Industry will not exceed ____________ gallons in any 24-hour period. The agency reserves the right to require the Industry to distribute their industrial wastewater volume uniformly over a 24-hour period.

b.

The BOD ₅ of the industrial wastewater discharged from the Industry will not exceed ____________ pounds in any 24-hour period. The agency reserves the right to require the Industry to distribute their industrial wastewater BOD uniformly over a 24-hour period.

c.

The suspended solids of the industrial wastewater discharged from the Industry will not exceed ____________ pounds in any 24-hour period. The agency reserves the right to require the Industry to distribute their industrial wastewater suspended solids uniformly over a 24-hour period.

d.

A special control manhole consisting of a manhole on the discharge line with a volume measuring device and a separate structure for housing volume recording instruments and an automatic proportional sampler shall be constructed by the Industry, with the costs born directly by the Industry. The Industry shall provide a permanent easement to the agency for access to the special control manhole. The Industry will maintain the special control manhole. The agency will record the volume and collect and analyze the proportional samples, the cost to be born by the agency and assessed directly to the Industry.

e.

In lieu of continuous operation of the special control manhole, the agency may require the Industry to submit weekly certified records of raw material and production. Such records shall reflect the daily activity of the Industry. Operational costs of the special control manhole to establish a correlation between raw material and production and wastewater volume, BOD ₅ , and suspended solids are to be born by the agency and to be assessed directly to the Industry.

f.

The agency reserves the right to deny the Industry the use of the public sewer collection system should the industrial wastewater discharge contain any toxic or poisonous materials or possess any properties capable of causing damage or hazard in the public sewer collection system or sewage treatment plant or adversely affect the treatment efficiency.

g.

Following the execution of this Agreement, should the agency be required to modify, replace or upgrade its collection system or sewage treatment plant, this agreement will be renegotiated as the modifying, replacement and upgrading affects the Industry.

h.

Following the execution of this Agreement, should the agency be required to increase the capacity of the collection system or sewage treatment plant for reasons other than related to the Industry, the Industry will not be liable for any additional costs.

(2)

In consideration for collections and treatment of the industrial wastewater discharge, the Industry agrees to make annual payments to the agency of ____________ for its share of capital costs and payments as established in the Sewage Ordinance for its share of operation and maintenance cost.

(3)

The industry agrees that should it discontinue its industrial wastewater discharge, it will pay to the agency an annual payment of ____________ which in total shall be equal to the unpaid capital costs for collection and treatment directly allocated to the Industry.

(4)

The agency agrees to provide the Industry with industrial wastewater collection and treatment provided the conditions of this agreement are met.

(5)

All claims, disputes, and other matters arising out of or related to this Agreement, or the breach thereof, shall be disposed of by arbitration in accordance with section 298 of Wis. Stats., and Rules of the American Arbitration Association.

IN WITNESS WHEREOF, the parties hereto have caused their presence to be signed by the proper officers and the corporate seals to be affixed this ____________ day of ____________ , 20 ____________ .

In Presence of:

____________ Agency

By:

____________

____________

Industry

By:

____________

(Code 1984, § 5-2-8)