HomeMy WebLinkAbout93- Paul Griffin, Rhodamine dye
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MEMORANDUM OF UNDERSTANDING AND AGREEMENT
This Agreement, made and entered into this 30thday of September, 1993, by and
between MONTANA STATE UNIVERSITY, herein referred to as "MSU", and the CITY OF
BOZEMAN, herein referred to as "City".
WITNESSETH:
WHEREAS, on Wednesday, October 14, 1992, Paul Griffin, MSU Chemical Safety
Officer, poured several gallons of concentrated Rhodamine dye into the City's sanitary sewer
and disposed of approximately six (6) gallons of Rhodamine dye into a dumpster which contents
were sent to the City's landfill; and,
WHEREAS, this dye caused a red flow through Bozeman's POTW plant resulting in
turning the plant's wastewater red and a pass-through of red wastewater to the East Gallatin
River; and,
WHEREAS, Paul Griffin failed to report the discharge to the City of Bozeman; and,
WHEREAS, the City spent resources and time to investigate the source of the red dye
and remedy the pass-through; and,
WHEREAS, MSU denies that the discharge of the dye was intentional; and,
WHEREAS, the parties have reached an agreement concerning the investigative costs of
this discharge.
NOW, THEREFORE, the parties mutually agree as follows:
1. MSU agrees to pay the City TWO THOUSAND, SEVEN HUNDRED
TWENTY-FOUR DOLLARS AND FORTY-ONE CENTS ($2,724.41), as
provided in Exhibit A and incorporated by reference herein for costs incurred by
Memorandum of Understanding and Agreement
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the City in its investigation associated with the discharge of Rhodamine dye into
the City's sewer system and landfill occurring on or about October 14, 1992.
2. MSU will submit on or before December 31, 1993, an updated "Wastewater
Survey For Non-residential Establishments: Application for Wastewater Discharge
Permit Form" to the City.
3. MSU shall continue to collect sample parameters and analyze them twice per year
for the following pollutants and include the results in MSU's semi-annual reports:
a. Ph
b. BOD
c. COD
d. Total Dissolved Solids
e. Total Organics
f. Metals (Cd, Cr, Cu, Ni, Pb, Zn).
4. MSU shall provide to the City an accurate set of maps of the sanitary sewer
collection system on MSU campus, induding manhole locations, for the purpose
of determining sample collection points in the future. This map shall be updated
annually.
5. The City agrees not to suspend or revoke MSU's industrial discharge permit for
this violation. The City agrees not to pursue an action for recovery of
investigative costs which MSU agrees to pay as provided in paragraph 1.
However, the parties agree that this agreement shall not relieve MSU of future
liability or responsibility, as determined by a court of law, administrative agency,
Memorandum of Understanding and Agreement
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or other regulatory authority for any damage resulting from the aforementioned
discharge of Rhodamine dye. Nor shall this agreement be deemed a waiver by
the City of Bozeman of any claim or right, indemnification or counterclaim, it
may now or in the future may have against MSU as a result of said discharge.
6. Payment of these costs do not constitute MSU's agreement with the City's
interpretation of what costs can be imposed in this situation, nor can payment in
this case be interpreted as a waiver of MSU's right to challenge the imposition
of additional costs by the City as a result of this discharge should MSU be subject
to future liability or responsibility regarding said discharge.
EXECUTED the day and year first above written.
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CITY OF BOZEMAN - MO~TA~~T~!~~IVERSITY
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-.....:.~'-c..;;:, /.,;~L ' '---.' j (.. '- c.ce'-,I'. t" -ft'
es E, Wysocki, City Mana er Its President
Memorandum of Understanding and Agreement
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EXHIBIT A
RHCOMIINE DYE INCIDE.:'lT
DrSCHARGE TO P_O.T.W. ON 10/14;92
cas TS ACmUNTr:~ - r: I TY OF BOZEMAN
f.\\P LOYEE : .\\or.o:03n rITLE: Engineer Ii (Pre trea tm..n t)
DATE. HOURS ACTrVlTi' RATE fOT-l.L
lU,' 16/'12 4.0 I nspec t 'nl"P ',14.66 :>53.63
101l9/92 0.2 ~eet with Don Noyes & Paul Layton @ Carnegie $1!i.~6 ',;;:. q 3
10/20/92 3.0 Disc. w; P. :;..iilin. Prep. incident report 51!i.bl:> ',43.97
10;21/92 2.0 V i oS i t _'!\SU / P. G r iff in. Me.. t w / P. F <) r be s :>14.66 S2 <).21
10;23;92 1.0 City ~tatf me'?ting"V1 City Attorney $14,66 :;14,66
10/29/92 1.0 Meet w; City Attorney $14.66 ;;14.66
12i03!92 \.;; ,\\eeting w! .\lSU reps & Ci ty staff :, 11j.. 61:> 52\. 99
Totals: 12.7 S 186.14
EMPLOYEE: Brawner fITLE: City Engineer
DATE HOURS .\CTIVITY RATE TOTAL
10; :4/92 3.0 [nitial Response. WWTP. WQB. ~fgr.. Paper $17.02 $51. OS
10/16/92 11-.0 Inspect WfP 517.02 S68.07
10/23/92 \.0 City staff meeting ~ith City Attorney $17.02 517.02
10130/92 1.0 Meet with City Attorney 517.02 S17.02
12/03/92 \.5 Meeting w/ MSU reps & City staff S17.02 $25.53
Total s' 10.5 5 1 78 . 68
EMPLOYEE: Lu"e TITLE: City Attorney
DATE I-KlURS ACTIVITY RATE TOTAL
10/23/92 \.0 Meeting with City staff $32.36 $32.36
10/27/92 1.7 Rev i ewed (l ty Code. UPS As: reemen t. ,\\SU' sInd. $32.36 $55.01
~aste Permit. video tape. ,\\SDS's, and other
related documents
10/28/92 1.2 Meeting with Don Noyes $32.36 $38.83
10/29/92 1.0 Meeting with Mike Morgan $32. 36 SJ2 . 36
10130/92 1.0 Meeting with Craig Brawner $32.36 $32 . 36
10/30/92 0.11- Meeting with Phill Forbes $32. 36 $12.94
11/05/92 1.2 Meeting with Paol Layton; draft ,\\alone letter $32.36 $38.83
11/10/92 0.5 Revised Malone letter $32.36 S16.18
12/03/92 1.5 Meeting w/ MSlJ reps & City staff $32.36 $48.54
Totals: 9.5 5307.42
EMPLOYEE' Noyes TITLE: WWTP Superintendent
DATE HOURS ACTIVITY RATE TOTAL
10/111-/92 6.0 Inspect WWTP & Gallatin River;respond to ~B $18.80 $112.80
& newspaper; discuss with Craig Brawner
10/15/92 2.0 Calls from citi~ens, newspaper. radio $18.80 $37.60
10/16/92 3.0 Inspect WWTP & Gallatin River;telephone calls $18.80 S56.40
10/19/92 6.0 Inspect sewer lines; visit w/ Paul Griffin; $18.80 $112.80
meet w/ Mike Morgan; respond to newspaper
10/20/92 3.0 Inspect Gallatin & WWTP S18.80 $56.11-0
10/28/92 1.0 Meet with City Attorney $18.80 S18.80
Totals' 21.0 $394.78
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EMPLOYEE: Layton TITLE: WWTP Chemist
DATE HOURS ACTIVITY RATE TOTAL
10/14/92 4.0 Inspect WWTP & Gallatin River S15.44 S61. 78
10/16/92 2.0 Inspect WTP 3: Gallatin River S15.44 $30.89
10;19/92 5.0 I nspec t s.'..-er lines: vis it W/ Palll Griffin: S15.44 $77 . 22
meet wi Mike Morgan
10/20;92 3.0 Inspect Gallatin & ,~p $15.44 $46.33
11/05/92 1.0 Meet ~ith City Attorney $15.44 $15.44
To ta 1 s : 15.0 $231.67
E..\\PLOYEE: Forbes Tl TLE : Direct.or 'd Public Service
DATE HOURS ACTIVIW RATE TOTAL
10/20/92 1.0 Tour WWTP. inspect basins: meet ~ith Morgan S22.29 '322.29
10/20/92 0.5 Meet with ~old re: landfillp.d dye $22.2'1 S 11. Ill.
10/23/92 1.0 Statf meeting r",:dy",; meet "ith 1~"ld SZ2.Z9 S22.29
[0/.30/92 0.4 Meet with City Attorney '022.29 '08.92
IV03/92 1.5 Meet with \~U reps & City staff :,22.29 SJJ.4.3
Totals: 4.4 .,98.07
E.\\PWYEE: 'Ylold II TLE: Street & Gdrbage Assistant Superintendent
DATE HOURS ACTIVITY AATE TOTAL
10/2.0/92 2..0 Meet ;!lith DPS: review activities w/operators $18.2.5 :336.49
10/23/92 2.0 Administration: OVersee landfill excavation S18.25 $36.49
10/26/n 2.0 Administration: oversee landfill excavation $18.25 $36.119
Tota 15: 6.0 $109.48
EMPLOYEE: Varied TITLE: Equipment Operators
DATE f-KJURS ACTIVITY RATE TOTAL
10/23/92 8.0 Landfill excavation. search for dye container $76.14 $609.08
10/26/92 8.0 Landfill excavation. search for dye container $76.14 $609.08
Totals: 16.0 $l.l18.16
GRAND TOTAL: $2,72k.11!