ORD 41148 - Agmt with Lynn Vinduska for stabilized sewage sludge Public Works Department
�iA,44tio? � Omaha/Douglas Civic Center
t. 'tMw ', April 25, 2017 1819 Farnam Street,Suite 601
® �� I b Omaha,Nebraska 68183-0601
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(402)444 5220
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City of Omaha Robert G. Stubbe,P.E.
Jean Stothert,Mayor Public Works Director
Honorable President
and Members of the City Council,
Transmitted herewith is an Ordinance approving an Agreement between the City of Omaha,
Nebraska and Lynn Vinduska of Cass County, Nebraska regarding the receipt and land
application of stabilized sewage sludge.
This Agreement sets out the terms and conditions under which Omaha will deliver stabilized
sewage sludge, to be land applied for agricultural use, and Lynn Vinduska will receive, store,
and apply the stabilized sludge. The agreement includes provisions for the compliance to all
applicable rules, regulations, and permit requirements for this disposal method, both current and
future. The Agreement sets out an initial period ending December 31, 2017, and includes four
automatic one-year renewals; termination of this agreement can be by either party by providing
written notification no later than thirty days prior to the anniversary of the Agreement.
The Public Works Department requests your consideration and approval of the attached
Resolution and Agreement.
Respectfully submitted, Referred to City Council for Consideration:
06,44----(54-14:Uet S.17...-3"& ty bit?
Robert G. Stubbe, P.E. Date Mayor's Office Date
Public Works Director
Approved:
(. z// /7
Step n B. Curtiss Date
Finance Director - V
20'14tns
ORDINANCE NO. '' -\\\T69
AN ORDINANCE approving an Agreement between the City of Omaha, Nebraska and Lynn
Vinduska of Cass County, Nebraska, involving the payment of money from
appropriations of more than one year in accordance with Section 5.17 of the Home Rule
Charter of 1956, as amended; to provide for the terms and conditions under which Lynn
Vinduska will receive and land apply stabilized sewage sludge, according to applicable
standards, laws, and policies of the City of Omaha and other relevant jurisdictions for an
agreement period ending December 31, 2017 with up to four automatic one-year
renewals; to authorize the Finance Department to pay a sum not to exceed $0.60 per
cubic yard of stabilized sludge from the Sewer Revenue Fund 21121; and to provide an
effective date hereof.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
Section 1. That the City Council of the City of Omaha hereby approves the
Agreement between the City of Omaha, Nebraska and Lynn Vinduska of Cass County,
Nebraska, which by this reference is made a part hereof, that outlines the terms and conditions
under which the Stabilized Sewage Sludge from the City of Omaha shall be received, stored
and land applied.
Section 2. That the payments to Lynn Vinduska for this disposal service, involving
appropriations of more than one year, are authorized in accord with Section 5.17 of the Home
Rule Charter of 1956, as amended, for a period ending December 31, 2017 with up to four
automatic one-year renewals thereafter.
ORDINANCE NO. \\ N
PAGE 2
Section 3. That the Finance Department is authorized to make payments for the
agreed services in the amount of $0.60 cubic yard, as specified under the contract, from the
Sewer Revenue Fund 21121.
Section 4. That this Ordinance, being administrative in character shall take effect
and be in full force upon the date of its passage.
INTRODUCED BY COUNCILMEMBER
411-1 1 1147 APPROVED BY:
MAYOR OF THE CITY OF OMAHA DATE
PASSED MAY 1 6 2017
ATTEST:
.-1 q'-n-
CITY HE CITY OF OMAHA DATE
APPROVED AS TO FORM:
; /41 ( :7' 4-(e >
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.CITY ATTORNEY DATE
2013tns
AGREEMENT TO RECEIVE AND LAND APPLY STABILIZED SEWAGE SLUDGE
BETWEEN
CITY OF OMAHA,NEBRASKA
AND p
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455 COUNTY,NEBRASKA
THIS AGREEMENT,made this '� day of n(�V
`
20 17 by and between L yq„ ?, 1f, tij Ly of 0'5
County,Nebraska,hereinafter called"OPERATOR",and the City of Omaha,a Municipal
Corporation of the State of Nebraska,hereinafter called"OMAHA".
WITNESSETH THAT:
WHEREAS,OMAHA processes wastewater at three regional wastewater treatment facilities
and produces stabilized sewage sludge; and,
WHEREAS,the OPERATOR desires to have stabilized sewage sludge delivered by Omaha
for agricultural use; and,
WHEREAS,the OPERATOR owns or has contractual authority over the agricultural use of
land described in the attached SITE PROVISIONS; and,
WHEREAS,it is to the mutual advantage of the parties hereto and in the general public
interest to land apply OMAHA'S stabilized sewage sludge; and,
WHEREAS,the accomplishment of such an arrangement is authorized by law.
NOW,THEREFORE,in consideration of these facts,the parties hereto do mutually agree as
follows:
1. The OPERATOR will comply with the GENERAL PROVISIONS FOR LAND
APPLICATION OF STABILIZED SEWAGE SLUDGE,DATED July 23,2003,unless
amended by SITE PROVISIONS,copies of which are attached hereto and made part
hereof.
2. The annual quantity of stabilized sewage sludge available to the OPERATOR shall be
determined by the factors listed in the order of appearance:
➢ Cost of hauling sludge to storage site
➢ Land application spreading price
> Size of field,crop to be planted,soil and sludge test results
> Storage site location
➢ , Storage site acce&sibility
3. This Agreement shall be effective upon signing by OMAHA,and shall terminate at the end
of the calendar year.
Page 1 of 3
4. Unless either party provides written notification to the other of intention to terminate no
later than thirty(30)days prior to each anniversary of this agreement,this agreement shall
automatically renew in each of four successive one-year terms.
5. Please complete one of the following:
Y The OPERATOR shall receive,store and land apply stabilized sewage sludge and will
be paid$0. l U per cubic yard by OMAHA. (Not to exceed$0.60 per cubic
yard.)
Or
The OPERATOR shall receive,store and land apply stabilized sewage sludge and pay
$0 per cubic yard to the City of Omaha.
6. The OPERATOR may lower his bid at any time through use of a contract amendment. The
Public Works Director may execute this deductive contract amendment on behalf of
OMAHA.
IN WITNESS WHEREOF,the parties hereto have caused these presents to be executed by the
proper officials thereunto duly authorized as of the dates below indicated.
IN WITNESS WHEREOF said GRANTOR has or have hereunto set his hand this
0 day of_ ����� 20 !7
Wr
Oper t r
STATE OF NEBRASKA
)SS
COUNTY OF
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i)A / 7
On this 2vu-� day of ' L- �� _ ,20 t , before me, a Notary Public
in and for said County,personally came t j j...l /t I/ //Id /C a— _ `
is personally known to me to be the identical person whose name is affixed to the above instrument and
acknowledged the instrument to be his voluntary act and deed for the purpose therein stated.
WITNESS my hand and Notarial Seal the day and year last above written.
4
11
NOTARY PUBLIC
Notary Seal wam6EN6iAL NOTARY-State ofNelrraska
JANE FREYER
. My Comm,Exp.June 12,2020
Page 2 of 3
CITY OF OMAHA, a Municipal Corporation
ATTEST: B y
$\i0�1 $ L 5 1SK
can Stothert,
Eliza eth Butler
City Clerk,City of Omaha Mayor, City of Omaha
APPROVED AS TO FORM:
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2 CITY ATTORNEY
STATE OF NEBRASKA )
) SS
COUNTY OF DOUGLAS )
Page 3 of 3
GENERAL PROVISIONS
FOR
LAND APPLICATION OF STABILIZED SEWAGE SLUDGE
July 25,2003
1. All material must be utilized in accordance with all applicable Federal, State, County, and
Local rules, regulations, and permit requirements, existing or future. (See Appendix 1.) The
OPERATOR hereby certifies that the proposed site(s) and methods of operation will be in
compliance with all applicable Local, County, Federal and State laws, rules, guidelines, and
regulations in effect at the time of receipt of stabilized sewage sludge including, but not limited
to those listed in Appendix 2.
2. The CITY and/or its representatives shall be permitted to access to all land application and/or
storage sites with the right to perform soil, crop or other tests necessary (including analyses of
any additional soil treatments) to determine if the material is being utilized in a satisfactory
manner for the term hereof and up to two years after sludge application has ceased.
3.- The CITY and/or its representatives will have the right to enter any land application and/or
storage site and correct any violation of the applicable laws, rules, or guidelines if the
OPERATOR does not remedy such violations within a reasonable amount of time. The costs
for any such corrections shall be paid for by the OPERATOR and shall first be deducted from
any payments for spreading. Remaining costs shall be billed to the OPERATOR via the City
Finance Department.
4. The OPERATOR will provide a minimum of one accessible storage site which is approved by
the CITY and meets all regulatory requirements. One storage site may be used for more than
one land application site. The storage site(s)will be used primarily during dry weather. Access
to the farm storage site shall be provided by the OPERATOR. Access shall mean providing
sludge hauling vehicles with a route into and out of the storage site(s), i.e., opening a fence,
allowing passage through a private roadway,etc.
5. The CITY agrees to compensate the OPERATOR for crops taken out of production to allow
summertime storage of sludge. Upon request, $0.0061 per square foot will be paid to the
OPERATOR for the arable area occupied by the sludge during storage and arable area
damaged by trucks entering and turning around in the field.
6. Each land application site shall be considered separately and will be covered by a separate
exhibit that may be attached at any time after this agreement becomes effective. Each exhibit
will define the site in terms of:
a. Quantity of land available for application and/or storage
b. Legal description of all sites
c. Existing soil conditions
d. Specify periods of application and storage
e. Names of adjacent landowners and well locations
7. The removal of sludge from the storage site(s).,the use of proper application techniques, rates as
specified by Residuals Management personnel, and the furnishing of sufficient equipment to
perform same is solely the responsibility of the OPERATOR. Compensation shall not be
received by the OPERATOR until the season's spreading has been completed emptying the
storage site(s). In cases where unpredictable poor weather conditions severely restrict or
eliminate ability to land apply, compensation may be made on partial clearing of storage areas
if OMAHA chooses. Under such conditions, material which has not been spread and/or
incorporated shall be at the earliest possible time.
8. The OPERATOR must not deposit any other organic residuals or industrial wastes on the land
application sites covered by this agreement and described in the attached Exhibits during the
time period sludge is received and for a period of two years following discontinuance of sludge
application unless permitted by OMAHA.
9. The OPERATOR shall be responsible for obtaining all required local or county permits, this
shall include any application fees incurred during the permit process. OMAHA agrees to assist
the OPERATOR in obtaining local and county permits upon request.
10. The OPERATOR agrees to assist OMAHA in obtaining state approvals or permits and will
certify that he has sought,in good faith, approval of all surrounding landowners and/or tenants
within a two-thousand foot perimeter of the application site. The OPERATOR agrees to notify
OMAHA of any surrounding landowners who disapprove of the use of sludge on the site(s)
covered by this agreement. Omaha will provide forms for documentation of this
approval/notification.
11. OMAHA agrees to provide a periodic analysis of the sludge cake and to make results of such
analyses available to the OPERATOR. While OMAHA feels that the material has potential
value as a soil conditioner or supplement, such representations are based only upon OMAHA'S
best estimate of the current content of the material and upon available literature as to its value
as a soil supplement. OMAHA makes no warranties that any particular benefit will result to
the OPERATOR'S land, or that any particular future increase in crop yields will result.
OMAHA does, however, on the basis of its periodic analysis and current literature, represent
that the sludge cake, if lawfully stored and applied, as explained herein, will not result in any
environmental damage to the OPERATOR'S or adjacent property.
12. The OPERATOR may terminate this agreement at any time by giving thirty (30) days prior
written notice to OMAHA in care of: Wastewater Residuals Manager, Quality Control
Division, 5600 South 10`h Street, Omaha, NE 68107. Termination shall not affect the
OPERATOR'S obligations to properly store and apply sludge cake delivered to the site(s) prior
to the effective date of termination.
13. OMAHA may terminate this agreement at any time for just cause by giving ten (10) days prior
written notice to the OPERATOR; just cause will include but not be limited to a violation of
any of the provisions herein.
14. This operation shall not create a joint venture. The OPERATOR shall not be considered an
agent of OMAHA except as required by State law (Title 126, Waste Management Regulations).
Title to the sludge shall pass to the OPERATOR upon delivery to the OPERATOR'S storage
site(s). Any damages incurred by the OPERATOR during the handling of the sludge shall be
the sole responsibility of the OPERATOR.
15. Each party hereto shall indemnify the other and hold such party harmless from all loss of
damages, or the claims, suits or demands of third parties arising out of, or alleged to arise out
of, any breach of the terms by the part against whom indemnity is sought. The OPERATOR'S
responsibility shall begin upon delivery of the stabilized sewage sludge on the storage site(s).
Furthermore,the OPERATOR may terminate within ten (10) days by providing notification as
in Clause #12, but only after a court order has been entered preventing the OPERATOR from
proper fulfillment.
16. Prior to delivery of sludge, all participants in the program must have current permits and
approvals as may be required by local, county and state regulatory agencies or bodies charged
with control of sludge land application and storage. A copy of all permits required by local,
county and state authorities shall be submitted to the Residuals Manager, Quality Control
Division, 5600 South 10th Street,Omaha,NE 68107.
17. The OPERATOR shall not, in the performance of this work, discriminate or permit
discrimination in violation of federal or state laws or local ordinances because of race, color,
sex, age,political or religious opinions,affiliations or national origin.
18. Pursuant to Section 8.05 of the Home Rule Charter, no elected official or any officer or
employee of OMAHA shall have a financial interest, direct or indirect, in any CITY contract.
Any violation of this section with the knowledge of the OPERATOR shall render the contract
voidable by the Mayor or City Council.
19. This Specification and the documents attached contain the entire agreement of the parties. No
representations were made or relied upon by either party other than those that are expressly set
forth herein. No agent, employee or other representative of either party is empowered to alter
any of the terms hereof unless done in writing and signed by an authorized officer of the
respective parties.
APPENDIX 1
NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY
Minimum requirements for
Sludge Disposal on
Agricultural Land
1. Any person(s), company, municipality, etc., wishing to dispose of waste sludges must notify
the Nebraska Department of Environmental Quality and complete the questionnaire that is
included with "Guidelines & Requirements for the Application of Municipal Waste Sludges
on Agricultural Land in Nebraska".
2. Sludge shall be spread on land as soon as possible.
3. Sludge shall not be applied in waterways and runoff must be controlled.
4. Sludge shall not be applied when precipitation is imminent or when precipitation has
occurred in the past 24 hours. Application shall not be allowed in areas where ponding is
occurring.
5. Prior to application, soil pH shall not be below 6.0
6. Sludge shall not be applied within 200 feet of wells, or 10 meters of streams or ponds.
7. Application rates shall not exceed the nitrogen requirements of the crop being grown.
8. Sludge applied shall not have excess concentration or certain heavy metals. See Section II
for a discussion of the possible hazards associated with heavy metals and the criteria used to
determine if the heavy metals are limiting sludge application rates.
9. Edible root vegetables shall not be grown in sludge conditioned soil.
10. Raw sludge shall not be applied to agricultural land unless the pH of the raw sludge has been
adjusted to 11.0 or above prior to application.
11. Application sites should be situated so that area residents are not antagonized. Prevailing
• winds, distance to nearest dwellings, time of year, humidity, etc., should be considered.
12. Careful consideration must be given to soil type and distance to underlying Groundwater.
The soil type must prevent leaching of contaminants. Sufficient soil data should be
submitted to this department so that soil suitability and soil retention capabilities can be
reviewed.
13. Dairy cattle should not graze on pasture land for a least 2 months after sludge application.
Other animals should not graze for at lease 2 weeks.
1.1. Green-chop forage should not be fed to milk cows for 2 months or to other animals for at
least 2 weeks after sludge application.
15. To protect water supplies. public water supplies should be 1.000 feet from the land
application site and private wells 200 feet from the application site.
APPENDIX II
APPLICABLE FEDERAL. STATE AND COUNTY RULES AND REGULATIONS
Federal Clean Water Act of 1987, as currently amended.
Nebraska Environmental Protection Act 81-1501-811533.
Iowa Department of Natural Resources. Rules on Land Application of Sludges
Chapters 120 'and 121.
Title 40 Code of Federal Regulations (CFR) Part 503.
Recommendations an Controlling Soil Erosion - Papio Natural Resources District.
Nebraska Commercial Fertili7er and Soil Conditioner Act, Nebraska Department of
Agriculture.
Rules and Regulations; Douglas County Permits & Inspection, Douglas County
Health Department.
Rules and Regulations; Washington County, Board of Supervisors.
Rules and Regulations: Milks County Iowa, Board of Supervisors.
Rules and Regulations; Sarpy County, Board of Commissioners.
The OPERATOR is responsible for obtaining copies of the latest documents.
Information on how to obtain these documents is available from the following:
Construction Grants Branch Washington County Board of
Water Division Supervisors
EPA - Region VII 16th & Colfax Street
324 E. 11th Street Blair, NE 68008
Kansas City, MO 64106
Sarpy County Board of Commissioners Nebraska Department of
1210 Golden Gate Dr. Environmental Control
Papillion, NE 68046 Box 98922, State House Station
Lincoln, NE 68509 471-2186
Nebraska Department of Agriculture Papio Natural Resources District
301 Centennial Mall South 3015 Menke Circle
Lincoln, NE 68509 Papillion, NE 68128 444-6222
Mills County Iowa Board of Supervisors Douglas County Health
Glenwood, IA 51534 Department
1819 Farnam St, 4th floor
Iowa Department of Natural Resources Omaha, NE 68183
Wastewater Permit Section
Wallace State Office Buidling
Des Moines, IA 50319
•
APPENDIX III
IOWA DEPARTMENT OF NATURAL RESOURCES
RLLES AND REGULATIONS FOR SLUDGE APPLICATION TO FARMGROUND
• Land application sites shall have the pH of the surface horizon or plow layer
adjusted to and maintained above 6.5 unless specific approval of the
department is obtained.
* The department recommends that all sludge be injected on the contour or
applied to the surface and mechanically incorporated into the soil as scan as
possible but not later than forty-eight (48) hours after application.
• If sludge is applied to land on which the soil loss exceeds the soil loss limits
established by the county soil conservation district, the sludge shall be
injected on the contour or shall be applied to the surface and mechanically
incorporated into soil within forty-eight (48) hours of application.
• If sludge is applied to land subject to flooding mare frequently than once in
ten (10) years, the sludge shall be injected or shall be applied to the surface
and mechanically incorporated into the soil within forty-eight (48) hours of
application. Information on which land is subject tb flooding more
frequently than once in ten (10) years is available from the department.
* If possible, sludge application on frozen or snow covered ground should be
avoided. If application on frozen. or snow covered ground is necessary, it
shall be limited to land areas of less than five percent (5%) slope.
* If sludge is applied within 200 feet of a stream, lake, pond, sinkhole or tile
line surface intake located down gradient of the land application site, it shall
be injected or applied to the surface and mechanically incorporated into the
soil within forty-eight (48) hours of application.
Sludge shall not be applied within 200 feet of an occupied residence nor
within 500 feet of a well.
If sludge is applied to land where the crops being grown will be grazed by
or fed to livestock within two (2) months of sludge application, or where
cereal grains will be harvested within two (2) months of sludge application,
the sludge shall be injected or shall
be applied to the surface and
soil.
mechanically incorporated intothe
If sludge is applied to land subject to use by the general public (e.g., golf
courses, parks), public access to the sludge application site shall be
restricted for a period of two (2) months after sludge application. In no case
shall sludge be applied to areas where direct body contact with the soil is
likely (e.g., school yards, playground areas, picnic areas).
* Sludge shall net be applied to land for the commercial production of human
consumption food crops.
b. The frequency, time and quantity of individual deliveries are not
guaranteed to meet any set schedule.
c. Should the physical or chemical condition of the soil or the site or the
sludge change during the application period, the application rates
may be amended.
5T/ _s"
ORDINANCE NO. \-\1` \I
AN ORDINANCE approving an Agreement
between the City of Omaha, Nebraska and
Lynn Vinduska of Cass County, Nebraska,
involving the payment of money from
appropriations of more than one year in
accordance with Section 5.17 of the Home
Rule Charter of 1956, as amended; to
provide for the terms and conditions under
which Lynn Vinduska will receive and land
apply stabilized sewage sludge, according
to applicable standards, laws, and policies
of the City of Omaha and other relevant
jurisdictions for an agreement period ending
December 31, 2017 with up to four
automatic one-year renewals; to authorize
the Finance Department to pay a sum not to
exceed $0.60 per cubic yard of stabilized
sludge from the Sewer Revenue Fund
21121; and to provide an effective date
hereof. PRESENTED TO COUNCIL
2013Btns 1st Re ding
PUBLICATIONS `
H aring
PUBLICATION OF HEARING
Date �`)— 17 Final Reading MAY 1 62017
PUBLICATION OF ORDINANCE Passed 1'O
Date 5- 9 - 17
ELIZABETH BUTLER
City Clerk