HomeMy WebLinkAbout96- Country Classic Dairies
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MEMORANDUM OF UNDERSTANDING AND AGREEMENT
THIS AGREEMENT made and entered into this 22nd day of
January , 1996, by and between COUNTRY CLASSIC DAIRIES, INC. ,
hereinafter referred to as "Darigold" , and the CITY OF BOZEMAN,
hereinafter referred to as "City" .
WIT N E SSE T H :
On the evening of March 29, 1995, and the early morning of
March 30, 1995, Darigold accidentally discharged approximately
5,000 gallons of homogenized milk directly into the City of
Bozeman's sanitary sewer system.
On July 6, 1995, and August 8, 1995, Darigold allegedly
discharged 700 and 600 gallons of milk accidentally into the City
of Bozeman's sanitary sewer system.
The milk from these accidents spilled directly into the
sanitary sewer system allegedly interfering with the Wastewater
Treatment Plant processes.
The substantial biological oxygen demand (BOD) of the milk
allegedly caused significant impact to the aeration basins and
allegedly affected the Wastewater Treatment Plant's sludge
processing.
Darigold's spilling accidents allegedly caused the City to
commit and use extraordinary resources and time to prevent pass-
through to the East Gallatin River.
The parties have reached an agreement concerning payment for
the alleged extraordinary costs incurred by theCi ty and future
preventative measures.
NOW, THEREFORE, the Parties mutually agree as follows:
1. Darigold agrees to pay to the City the sum of Nine
Thousand Two Hundred Eighteen and 48/100 Dollars ($9,218.48), as
provided in Exhibit "A" incorporated by reference herein, for costs
allegedly incurred by the City in containing and responding to
Darigold's accidental spills of milk into the City's sewer system
on or about March 29, 1995, March 30, 1995, July 6, 1995, and
August 8, 1995.
2 . Darigold agrees to pay to the City a surcharge of Three
Hundred Fifty-Nine and 10/100 Dollars ($359.10) for the BOD and
Total Suspended Solids (TSS) surcharge to the City's sanitary
system caused by the milk spills.
3 . Darigold will implement the suggestions of Mark Tappero
of Interstate Supply Company, Inc. , as set out in Exhibit B. This
construction will be completed within the eight (8 ) months from the
date of the execution of this agreement. Darigold will bring all
Memorandum of Understanding and Agreement Page 1
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of its drains to a common collection point, install a holding tank
or pit, and install the OPTECH sensor as recommended in Exhibit B.
These installations will contain any milk products accidentally
dumped into a drain and correct the problem of milk products
accidentally entering into the Bozeman sanitary sewer system. The
OPTECH monitoring data will be made available to the City at its
request. Darigold will keep the City apprised of its progress in
implementing the suggestions of Mark Tappero and will comply with
all applicable City building codes.
4. The implementation of the improvement described above
may, at the City's determination, become a supplement to the
Darigold Industrial Waste Permit.
5. Providing Darigold is in compliance with this agreement,
the City agrees not to suspend or revoke Darigold's Industrial
discharge Permit for these violations. The City further agrees not
to pursue any further action for damages or costs for any
accidental discharge of milk which occurred prior to the date of
this agreement and hereby releases Darigold from any liability to
the City for these accidents. However, the parties agreement shall
not relieve Darigold of future liability or responsibility to other
parties as determined by a court of law, administrative agency, or
other regulatory authority for any damage resulting from the
aforementioned discharge. It is also agreed that this agreement
shall not relieve Darigold of future liability to the City as
determined by a court of law for any claims the City may have for
indemnification against Darigold in the event the City is
adjudicated liable and required to pay damages to any state or
federal agency as a result of these spills.
6. Should the improvements fail to correct the problem of
milk products entering into the Bozeman sanitary sewer system,
Darigold will repair and modify the improvements until the problem
has been corrected.
DARIGOLD
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Title, / C",,-C
CITY OF BOZEMAN
BY~Z2 LJ~:
Title: Cit Manager ~
Memorandum of Understanding and Agreement Page 2
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THE CITY OF BOZEMAN
35 NO. BOZEMAN AVE. P.O. SOX 640
CARNEGIE BUILDING BOZEMAN, MONTANA 59771-0640
BUILDING INSPECTION PHONEfTDD (406) 582.2375
ENGINEERING DEPARTMENT PHONEfTDD (406) 582.2380
-" MEMORANDUM
TO: Darigold Pretreatment Permit File
DATE: September 1, 1995
FROM: John P. Pavsek, Project Engineer
RE: Cost Recovery for Spill Incident
Attached is a summary of Wastewater Treatment Plant Costs associated \vith the March 29, 1995
Darigold milk spill incident. Per my request, Don Noyes has kept track of labor and energy
expenditures used to respond to the. milk intrusion at the plant. The incident required
extraordinary operational efforts from March 31, 1995 through April 10, 1995. The \vastewater
plant \vas back to "relative" normal operation by April 11, 1995.
It should be noted that the rates used by Don do not include any provisions for overhead. For
the purposes of this cost recovery effort, I've elected to use just straight wage rates and a 35%
multiplier (personnel benefits) and energy costs.
In addition to the treatment plant personnel and energy costs, there has been effort expended by
myself, Craig Brawner, Phillip Forbes, and Paul Luwe. Follo\ving is a summary of effort by
date, person, description and rate, including a summary of the total effort:
Date Activitv Classification Effort Total
3/29/95 Spill Response Engineer I (SI6.20/hr) 2.0 hr $32.40
3/30/95 ~vItg wi Duffy Engineer I (SI6.20/hr) 3.0 hr $48.60
(include prep.)
3/31/95 Follow-up letter Engineer I (SI6.20/hr) 1.0 hr $16.20
4/07/95 Research ord., Engineer I ($16.20/hr) 1.0 hr $16.20
codes
4/07/95 Mtg wfF orbes DPS (S31.82/hr) 1.5 hr $47.73
Brawner, Luwe City Eng. ($27.27/hr) 2.0 hr $54.54
Attorney (S30.82/br) 1.5 hr $46.23
Engineer I (SI6.201hr) 2.0 hr $32.40
Ongoing Misc. Telecons, Engineer I ($16.201hr) 4.0 hr $64.80
Correspondence
Sub Total $359.10
Treatment Plant Costs $9218.48
Total $9577.58
cc: Phillip J. Forbes, DPS
Craig E. Brawner, City Engineer
Don Noyes, WWTP Superintendent
ERF .
Project File
HOME OF MONTANA STATE UNIVERSITY
GATEWAY TO YELLOWSTONE PARK EXHIBIT A
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THE CITY OF BOZEMAN
35 NO. BOZEMAN AV~. P.O. BOX 640
CARNECIE BUILDING BOZEMAN. MONTANA 59771~O
BUILDING INSPECTION PHONEiTDD (406) 582-2375
ENGINEERING DEPARTMENT PHONEiTDD (406) 582-2380
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Darigold Milk Discharge Incident
March 3D, 1995
2:00 am Received phone call indicating 200-300 gallons or milk
2:00-3:00 am Operators adjusted and did operational changes to Plant to prepare
for milk. (2 hrs. 516.66 hr. = 33.32)
3:00-4:00 am Operators check dissolved oxygen levels in aeration basin and
readjust blowers. (2 hrs. 516.66 = 33.32)
5:00-6:00 am Operators monitor influent, continue dissolved oxygen checks,
monitor other Plant process controls. (2 hrs. S 16.66 = 33.32)
Total = 599.96
6:22 am Received another phone call indicating another milk dump of 2000-
3000 gallons.
6:23-7:23 am Operators again adjust blowers and initiate operational changes. (2
hrs. S 16.66 = 33.32)
8 hour day: Plant Supervisor: Oversee operational controls
(521.60 = 172.80)
Plant Chemist: Study and organize testing requirements to avoid
violating discharge permit.
(518.90 =_ 151.20)
Plant Qperator: To monitor milk during day shift.
(516.66 = 133.28)
Plant Operator: To monitor milk during evening shirt.
(516.66 = 133.28)
Total = 5623.88
3/31/95 - 4/10/95 (11 days before Plant is back to normal operation)
4 hour day: Plant Supervisor: Oversee operational controls
(521.60 ... 86.40)
8 hour day: Plant Chemist: Oversee operators and testing
(518.90 = 151.20)
8 hour day: One operator per shift for monitoring operational problems caused by
milk and to perform testing.
(516.66 = 133.28 each operator)
($ 133.28 x 3 - 399.84/day)
Total.... $637.44/day x 11 days = $7011.84
Total this page = $7735.68
(Next page)
HOME OF MONTANA STATE UNIVERSITY
GATEWAY TO YELLOWSTONE PARK
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THE CITY OF BOZEMAN
35 NO. BOZEMAN AVE.. P.O. BOX 540
CARNEGIE BUILDING BOZEMAN,MONTANA 59771~0
BUILDING INSPECTION PHONEfTDD (406) 582-2375
ENGINEERING DEPARTMENT PHONEfTDD (406) 582.2,380
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Clean~up after incident:
8 hour day: Four maintenance personnel to clean Final Clarifiers.
($16.66 hr. x 8 x 4 = 5533.12)
8 hour day: Two maintenance personnel to clean Final Clarifiers.
($ 16.66 hr. x 8 x 2 = 5266.56)
8 hour day: Four maintenance personnel to clean chlorine tank.
(516.66hr.x8x4 = 533.12)
Total = S 1332.80
Maintenance, usage, and energy costs for operating additional ,blower:
3 days at SSO.OO/day = S 150.00 Total
TOT Al costs for incident:
Page 1: 57735.68
Clean-up: S 1332.80
Additional Blower: S 150.00
TOT AL: 59218.48
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\VVVTP Superintendent / ' Date'
NOTE: Rates include a 35% multiplier for personnel benefits
HOME OF MONTANA STATE UNIVERSITY
GATEWAY TO YELLOWSTONE PARK
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