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HomeMy WebLinkAboutNC0021181_Remission Request (LV-2023-0127)_20230605 JUSTIFICATION FOR REMISSION REQUEST Case Number: LV-2023-0127 County: Gaston Assessed Party: City of Belmont Permit No.: NC0021181 Amount Assessed: $1,058.03 Please use this form when requesting remission of this civil penalty. You must also complete the 'Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts"form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s)occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c),remission of a civil penalty may be granted only when one or more of the following five factors apply. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents,as to why the factor applies(attach additional pages as needed). (a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b)were wrongfully applied to the detriment of the petitioner(the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation(i.e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident(i.e., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (Le., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance).EXPLANATION: RECEIVED JUN 0 5 ZOZ3 See, 0-1-1-0c\-\ec cncl C��c.uMQn�a��O NCDEQIDWRINPDES n STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY COUNTY OF GASTON IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADIIIINISTRATIVE HEARING AND ) STIPULATION OF FACTS City of Belmont ) Belmont WWTP ) ) PERMIT NO.NC0021181 ) CASE NO. LV-2023-0127 Having been assessed civil penalties totaling$1,058.03 for violation(s)as set forth in the assessment document of the Division of Water Resources dated May 4,2023,the undersigned,desiring to seek remission of the civil penalty,does hereby waive the right to an administrative hearing in the above-stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Resources within thirty(30)days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after(30)days from the receipt of the notice of assessment. This the day of )u_n 20 00 3 SIGNATURE ADDRESS (AJl ; o Ci (coH Hot F Go--aWba S4- e�m on NC' 9 3 0(a_ TELEPHONE 701+ 05— O5O(0 JUSTIFICATION FOR REMISSION REQUEST Case Number: LV-2023-0139 County: Gaston Assessed Party: City of Belmont Permit No.: NC0021181 Amount Assessed: $6,433.03 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts"form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s)occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c),remission of a civil penalty may be granted only when one or more of the following five factors apply. Please check each factor that you believe applies to your case and provide a detailed explanation,including copies of supporting documents,as to why the factor applies(attach additional pages as needed). (a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b)were wrongfully applied to the detriment of the petitioner(the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation(i.e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident(i.e., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: See ai-�0,0wd )01-er OnJ Cio(q_o-,ej1 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY COUNTY OF GASTON IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND ) STIPULATION OF FACTS City of Belmont ) Belmont WWTP ) ) PERMIT NO.NC0021181 ) CASE NO. LV-2023-0139 Having been assessed civil penalties totaling$6,433.03 for violation(s)as set forth in the assessment document of the Division of Water Resources dated May 4,2023,the undersigned,desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above-stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Resources within thirty(30)days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after(30)days from the receipt of the notice of assessment. This the r► rS4 day ofc__) Une ,20 D3 • GNATURE RECEIVED ADDRESS JUN 0 5 2023 i ; 1L i ovn Cco-(21 NCDEQIDWRINPDES I-1 0I E Gat�ho�G+ BAY\OM 11\1C aaO\a TELEPHONE 7DI- 25 D5O o MANY THREADS. ONE COMMUNITY June 1, 2023 Wastewater Branch North Carolina Division of Water Resources 1617 Mail Service Center Raleigh,North Carolina 27699-1617 Attn: Richard Rogers Ref: Civil Penalty Case Number—LV-2023-0127 and LV-2023-0139 City of Belmont—NC0021181 Dear Mr. Rogers, The City Belmont respectfully requests remission of assessed civil penalties under the case numbers LV-2023- 0127 and LV-2023-0139. Our remission requests are categorized under factor "b" which states: "the violator promptly abated continuing environmental damage resulting from the violation." The City of Belmont hopes to illustrate the significant steps taken to mitigate the fecal coliform surges and total suspended solids buildup at the time of the violations and later to prevent reoccurrence. Enclosed within will be several addendums and explanatory summaries about the situation and how the City of Belmont is working diligently to address the challenges in the treatment process. The Belmont Wastewater Treatment Plant (WWTP) is a permitted 5 MGD NPDES facility. The facility was constructed in the 1960's and upgraded and modernized in the early 1990's. Since then, the facility has received little investment due to plans for decommissioning and transitioning the plant to a large lift station.Unfortunately, the transition has taken until now to enter the design phase. In 2021,the Belmont City Council increased budget line items to increase the rate of sludge hauling,and the preliminary city budget for fiscal year 2023-2024 includes even more funding for hauling. Still yet, the plant has become stressed with the number of solids in the system. In early 2023 the facility began to have treatment challenges that led to the overages in fecal coliform recorded in the February DMR. Staff and consulting engineers hypothesize that high rain events and new development were contributing factors. Additionally, the pretreatment headworks were not operational for several months as staff waited for parts for repairs,which further harmed the treatment processes at the WWTP. Immediately upon notice of the overages, the City of Belmont hired HDR Inc. as consulting engineers. The engineers are working along with operations staff to deliver an operations guide and long-term process improvement memorandum to prevent the buildup of solids into the future. Addendum A is the task order executed by the City of Belmont, which outlines how the firm is assisting with this challenge. City staff then contacted three environmental firms in the area that could conduct a dewatering operation to reduce sludge build up in the aeration basin. Ultimately, Bio-nomic Services was selected to perform the work at a cost PO BOX 431 11401 E CATAWBA ST, BELMONT, NC 28012 I WWW.CITYOFBELMONT.ORG of$305,000.Addendum B is the signed proposal along with the purchase order regarding this project.Addendum C is the City Council Agenda and link where this concern was discussed and where funding was approved. Bio-nomic Services will be staging the project the week of the writing of this letter. The dewatering project has moved as quickly as feasible considering the sampling and landfill permit requirements,which took three weeks to resolve. Addendum D is the landfill documentation for the project. In addition to these project considerations, City of Belmont staff have been working diligently to pump down the contact chamber and clarifiers to mitigate the permit violations. The teams use pump trucks and are on call 24/7 to respond to concerns. Given the large investment to mitigate the violations, the City of Belmont requests a remission of the assessed fines. Leadership of the city is dedicated to preventing these violations in the future and investing in preventive maintenance of the plant until it is decommissioned. It is regrettable that the build up of solids got to this level, but the City of Belmont is dedicated to correcting the failures of the past. Here is a timeline of the events since the notification of fecal coliform overages. 1. January 21, 2023 —First Fecal Coliform Violation 2. Week of February 6, 2023 —Belmont becomes aware of violation due to sampling timeline 3. February 15, 2023 - Belmont receives master services agreement for engineering from HDR 4. February 28,2023 —Wes Bell of NCDEQ conducts inspection of WWTP 5. March 16, 2023 —Belmont meets with HDR at WWTP to discuss solids issue 6. March 27,2023 —Belmont meets with HDR to discuss final scope of aeration solids engineering 7. April 4, 2023 —Belmont receive preliminary engineering recommendation from HDR 8. April 20,2023—Belmont and HDR meet with NCDEQ representative Wes Bell to discuss plan for sludge removal 9. May 1, 2023 —Belmont City Council votes to approve funding for aeration sludge dewatering project 10. May 2, 2023 —Belmont signs the task order for HDR and proposal from Bio-nomics Services 11. May 3, 2023 —Bio-nomic Services collects sample of influent onsite 12. May 12, 2023 — Belmont, HDR, and Bio-nomic Services meet at the WWTP to discuss logistics and staging for dewatering operation 13. May 24, 2023 —Belmont and Bio-nomic Services receive sample report and sign waste profile 14. May 26, 2023 —Republic Services landfill approves waste profile Thank you for your consideration. Respectfully, William Carroll Public Works Director PO BOX 431 11401 E CA TAWBA ST, BELMONT, NC 28012 I WWW.CITYOFBELMONT.ORG 2.0 SCOPE OF SERVICES: Basic Services to be provided by the ENGINEER under this Agreement shall be limited to the following: Task 100 Project Management Project management activities shall include the following: a. Communicate with OWNER staff on project status and key issues b. Generate invoices and associated progress reports c. Monitor project budget,administer this contract,and monitor schedule Task 200 Evaluation and Recommendations Evaluation and recommendation activities shall include the following: a. Review Notice of Deficiency(NOD). b. Review existing process data and determine need for additional sampling. c. Attend one virtual meeting with NCDEQ to discuss strategy to correct deficiencies. d. Attend two virtual meetings with OWNER; one to obtain background on existing issues and OWNER goals,and one to report out on the recommendations in the draft technical memo. e. Develop a basic Biowin model of the treatment plant to determine how much solids need to be removed and to inform the wasting strategy to prevent future solids accumulation. f. Document the results of the evaluation,recommendations,and changes to standard operation procedure(SOP)in a draft technical memo for OWNER review and comment. g. Respond to OWNER comments and produce a final version of the technical memo that can be shared with NCDEQ,as needed. h. Review proposals from 3`d party solids handling removal firms. i. Assist during the solids removal phase by answering questions if issues arise. Assumptions: a. Additional sampling, if needed,to be provided by OWNER. b. A total of twelve(12)hours between three(3)resources have been allocated for the virtual meetings listed above. c. The Biowin model is not a"fully calibrated"model. A fully calibrated model would require a higher level of effort,waster characterization/sampling,and schedule. Should OWNER want a fully calibrated model,the ENGINEER can provide a budget for that service. d. A total of twelve(12)hours between three(3)resources have been allocated for supporting the solids removal phase. Subconsultants: No subconsultants are included or anticipated to be needed for this Task Order. Task Order 3 2 ADDENDUM A TASK ORDER This Task Order pertains to an Agreement by and between City of Belmont, ("OWNER"), and HDR Engineering, Inc. of the Carolinas ("ENGINEER"), dated March 22, 2023, ("the Agreement"). ENGINEER shall perform services on the project described below as provided herein and in the Agreement. This Task Order shall not be binding until it has been properly signed by both parties. Upon execution, this Task Order shall supplement the Agreement as it pertains to the project described below. TASK ORDER: Task Order#03 PROJECT NAME: Solids Management Evaluation and Support 1.0 PROJECT DESCRIPTION: The OWNER has one wastewater treatment plant (WWTP), which is located along the west bank of the Catawba River and directly south of Wilkinson Blvd. The WWTP will be decommissioned in 2027 (current projection) after a series of projects are completed by Charlotte Water to accept the OWNER's wastewater into the Charlotte Water system. In March of 2023, the OWNER was issued a Notice of Deficiency (NOD) by North Carolina Department of Environmental Quality (NCDEQ) because of the solids accumulation in the aeration basin (AB), final clarifiers (FC) and chlorine contact tanks (CCT)at the WWTP. The WWTP is equipped with two aeration basins; however, one of them has been out of service for many years and can not be put back into service without significant rehabilitation. The 30-minute settleability tests have been consistently high (980 ml/L) and staff has been challenged to run more than 2 of the 8 aerators at a time. Foam in the aeration basin appear darker brown due to the higher solids inventory and longer solids retention time(SRT). The WWTP also has two final clarifiers. The sludge blanket levels in both were approximately 9.5 feet when NCDEQ made an inspection during March. At these levels there is a strong potential for the solids to be washed out during high flow events. Similarly, during the same visit by NCDEQ, the solids in the chlorine contact tank was found to be high at 5.5 feet,posing the same risk of wash out as the final clarifiers. This project is for services associated with an evaluation of the amount of solids build up in the aeration basin, final clarifiers, and chlorine contact (CCT), how to best remove them, and to provide an operational plan to prevent future build up. Task Order 3 1 3.0 OWNER'S RESPONSIBILITIES: OWNER shall furnish as required by the work the following items: a. All relevant data including maps, drawings,reports,records,audits,annual reports,and other data that are available in the files of the OWNER and which may be useful in the services involved under this agreement. b. Access to public and private property when required in performance of the ENGINEER's services. 4.0 PERIODS OF SERVICE: ENGINEER shall begin work immediately upon execution of this Task Order and shall submit the draft technical memo within 60 days of notice to proceed. This schedule may be reduced if special sampling is not required. 5.0 ENGINEER'S FEE: The ENGINEER shall be compensated $17,100 on an hourly, not to exceed basis. Payment for fees will be paid monthly. Refer to Exhibit 1 for hourly breakdown. 6.0 TERMS AND CONDITIONS: Unless otherwise specified herein,the terms and conditions shall be per the Agreement. This Task Order is executed this --a day of Asiic 1 ,2023. HDR ENGINEERING,INC. OF THE �',{ p� �Q �'� CAROLNAS. "OWN-R" 2, "ENGINEER" BY: BY: NAME: 13 i I! aron NAME: TITLE: t W D reC4or TITLE: ADDRESS: ty F 4G,J ,, )1 ADDRESS: Mont rut zna Task Order 3 3 City of Belmont Belmont WWTP-Solids Management Evaluation and Support Task Total Expenses Total Total t ,,±± S e ,ire'.5.1 w'� a, To-i.Jw ,td z+ ,:� t S Task Description ` V- 4;,,,,IP ,j, ,� -� ;dirks-.-4 ,4 4,^., ,. •_,;6�±, s _,_-,, 9,,, ,, Total Labor Travel Co/Ma Subs Misc Expenses Fee :a *ekVitOrNrre 3Tifl y",''4101:f_; itiaY' ' S 280 235 265 120 110 90 1.0 PM 0 6 0 0 0 0 12 $ 2,070 $ - $ - $ - $ - $ - f 2,100 2.0 Technlal Memo and Recommendations 2 14 32 18 0 4 70 $ 14,850 $ - $ 100 5 - $ - $ 100 $ 15,000 SA Not Used 0 0 0 0 0 0 - $ - $ - $ - S - $ • $ - $ - : al% :ggle'sx a # if ;iw ?' vahaa^i ret`l t veloat meads.ma ` g 5 ... ., 11 --.,a...' :.a ss, Gild City of Belmont On-Cal)-2023 Hourly Rate/Compensation Schedule Job Classification Standard Hourly Rate,. Project Principal $240-$300 Senior Project Manager $220-$270 Project Manager $170-$235 Senior Design Manager $190-$260 Design Manager $150-$200 Senior Engineer $190-$250 Project Engineer 2 $170-$190 Project Engineer 1 $140-$170 Staff Engineer 2 $120-$140 Staff Engineer 1 $100-$130 Process/Technical Specialist $170-$290 Senior Architect $170-$250 Architect 140 180 Senior BIM Designer $140-$190 BIM Designer $110-$150 CADD Drafter $100-$120 Senior Construction Manager $175-$230 Construction Manager $150-$180 Resident Project Representative $120-$180 Senior Consultant $250-$300 Senior Utility Management Consultant $200-$270 Utility Management Consultant $160-$200 Junior Utility Management Consultant $115-$155 Project Controls $100-$180 Admin/Clerical $90-$110 Accountant $90-$130 (*Note: Billing rates may be adjusted annually(typically the first of each calendar year)to reflect annual merit increases) 530 Woodlawn Street BIO-MOMIC SERVICES Belmont, 28012 p:(704)52929-0000 f: (704)529-1648 NSW A Cafylon Company www.bio-nomic.com DATE: March 23,2023 PROPOSAL NO: 23184 SUBMITTED TO: City of Belmont WWTP PO Box 431 298 Parkdale Drive Belmont, NC 28012 ATTN:Tanya Carter Email:tsetzer@cityofbelmont.org Phone:704-825-3791 RE:Temporary belt press services In accordance with your request,we are pleased to furnish the following proposal. SCOPE OF WORK Wastewater solids have accumulated to an undesirable concentration in the aeration basin. Per our sampling from a boat we found that the accumulations were nearly to the top of the basin in many areas. For the moment it can be assumed that there are about 8 feet of sludge. Several core samples were obtained with a sludge sampler and composited.The percent solids concentration was surprisingly 29,000 ppm by weight.We then processed the sample and determined that a dewatered filter cake of about 20%solids will be attainable for offsite disposal. Assuming approximate volume at 100 x 330 X 8 feet deep,then there would be about 2.0 MG sludge. At 2.9%solids this equates to 240"dry weight"tons. This is a significant amount as this would equal 1,200 dewatered cake tons generated by a belt filter press for disposal. It is possible that it is not necessary to remove all of the materials to get the aeration basin in proper operating condition. Assuming about 100 GPM sludge pump rate or 30 dewatered cake tons per day would be generated by the operation then about 40 days of processing would be required. Initial removal can be performed by a simple dry prime pumping method. A more complete removal would require a floating dredge unit. BIO-NOMIC SERVICES,INC.SHALL FURNISH Labor,equipment and materials required to complete the work. i) Minimum Items to include: Mobile belt filter press system Truck loading conveyor Sludge pumping equipment 18,000 gallon EQ Sludge Receiving Tank A Carylon Company ADDENDUM B Hose and pipe to connect the equipment Polymer and dosing equipment Filtrate pump to return the effluent from press to neighboring basin Operator and service truck Dump truck Service to transport dewatered cake ii) Additional items to be determined: Hydraulic dredge Crane services to install and remove dredge Cable guidance system Floating discharge pipe 480 volt generator(Power may be available from aerator disconnect box) Dredge operator and fuel truck Landfill costs paid directly by Belmont or negotiated by Bio-Nomic Services. Landfill costs vary. CITY OF BELMONT SHALL FURNISH All access,openings and right of way into the work area; Firm level area to stage,operate and maintain processing equipment;Any local fees or permits;480 Volt,3-Phase electric power and qualified electrician to connect service—generator can be utilized in remote location; Process water source capable of 100 gpm @ minimum 50 psi—i.e. 2%2 inch hydrant; Filtrate discharge receptacle—i.e., return to manhole or basin;Sludge analysis,waste profile,signing of manifests. PRICING Preparation, mobilization,set up, Start-up of belt filter press system $3,200.00 Teardown, pack up, demobilization Of belt filter press system $2,600.00 Unit Cost for dewatering operation with Dry prime pump sludge pumping equipment $ 2,200.00/Day Hauling and disposal to be determined prior to project start at cost plus 15% Estimate $2,200.00 per day for two subcontractor dump trucks and$80.00 per ton landfill tipping fee. Total estimate for 1200 cake tons/30 tons per day=40 days @ $2,200.00/Day Total Hauling and disposal for 40 days @ $2,200.00+ 1200 tons disposal @ $80.00/Ton Other costs to be determined in need: Hydraulic Dredging equipment mobilization/demobilization cost estimated at$18,000.00 for cranes, pipe setup,teardown, etc. A Carylon Company 2 TERMS See Attached Bio-Nomic Services, Inc. General Terms and Conditions. This proposal is valid if accepted within 60 days of the offer date. SUMMARY Thank you for receiving our proposal. Please feel free to contact me with any questions or comments. There may be some adjustments once the final scope is determined. Sincerely, pee 4. eclat Joel L.Coert Division Manager Bio-Nomic Services, Inc. 704-904-9704(Cell) 800-782-6798(Office) ACCEPTED this -z A�day of 20 Z3 By Purchaser Print rffoxy L . G,J f 7;,r-7-er.., Ct-e-c ell /f Gi.4 Name and Title A Carylon Company 3 GENERAL TERMS AND CONDITIONS General Conditions: These general conditions are incorporated by reference into the proposal and are part of the Agreement under which services are to be performed by the Contractor for the Customer. Contractor will follow Customer's instructions both verbal and written at all times. Customer Provided Labor: Where the Customer provides labor for the Contractor, the Customer will indemnify the Contractor for liability, loss or expense for work related injuries to those laborers not provided by the Contractor. The Customer agrees to waive all rights of subrogation against the Contractor arising out of the work in this Agreement. Customers Responsibilities: Customer will provide mechanical services. Operation and control of Customer's equipment is the Customer's responsibility. If Contractor cannot continue its work due to circumstance caused or allowed by Customer and of which Contractor was not apprised prior to starting the work, an hourly fee will be' charged. Damage Limitations: Under no circumstances will the Contractor be responsible for indirect, incidental or consequential damages. The Contractor also is not responsible for the rendering of or failure to render architectural, engineering or surveying professional services. Pre-existing Conditions: The Contractor will not be responsible for liability, loss or expense (including damage caused by the backup of basement sewers)where the primary cause of the claim or damage is pre-existing conditions including faulty, inadequate or defective design, construction, maintenance or repair of property or contamination of the subsurface where the condition existed prior to the start of the Contractor's work. The customer is responsible for loss of service equipment caused by the pre-existing conditions at the job site. Environmental Conditions: The debris is represented to the Contractor to be non-hazardous, requiring no manifesting or special permitting. The Customer will be responsible for any additional costs or claims associated with the treatment, storage, disposal of the removed debris, or breach of the above representation, at any time during or after the completion of this project. Indemnification: The Customer and the Contractor will each indemnify the other in proportion to relative fault for liability, loss and expense incurred by the other party resulting from a negligent act or omission in performance of work under this Agreement. The Customer also will indemnify Contractor for liability,loss and expense resulting from Contractor's services if the Contractor is acting at the direction or instruction of the Customer, or where the primary cause of any damages is due to information provided by the Customer. Credit Policy: Regular Terms are Net 30 Days. The company may charge interest at the rate of 1-1/2%per month on all invoices outstanding 60 days past the invoice date.Credit card payments are subject to a 3.5%convenience fee. Pricing Adjustments: A fuel surcharge will be included on pricing based on Department of Energy EIA Energy Information Administration weekly rates;Any increases in material costs during the project will be included as an increased adjustment to the invoice.If this proposal should develop into a long-term project the pricing will be adjusted yearly based on the municipal cost index published in The American City&County magazine. Entire Agreement: This proposal together with any written documents which may be incorporated by specific reference herein constitutes the entire agreement between the parties and supersedes all previous communications between them,either oral or written. The waiver by Contractor of any term,condition or provision herein stated shall not be construed to be a waiver of any other term,condition or provision hereof. A Carylon Company 4 Fuel Surcharge 2021-2022 Diesel Fuel Prices Surcharge% $2.80-$2.90 .08% $2.90-$3.00 .09% $3.00-$3.10 10% $3.10-$3.20 11% $3.20-$3.30 12% $3.30-$3.40 13% $3.40-$3.50 14% $3.50-$3.60 15% $3.60-$3.70 16% $3.70-$3.80 17% $3.80-$3.90 18% $3.90-$4.00 19% $4.00-$4.10 20% $4.10-$4.20 21% $4.20-$4.30 22% $4.40-$4.50 23% $4.50-$4.60 24% $4.60-$4.70 25% $4.70-$4.80 26% $4.80-$4.90 27% $4.90-$5.00 28% • These numbers are subject to change due to the ongoing current market volatility. A Caryton Company 5 A Carylon Company of B� City of Belmont , ,` �0 1401E Catawba St Purchase Order PO Box 431 THIS NUMBER MUST APPEAR ON ALL INVOICES, '.r4CaTe% Belmont, NC 28012 PACKING LISTS, CORRESPONDENCE, ETC. Phone:(704)825-5586 NO. P3001643 SHIP TO ORDER DATE: 05/05/23 WWTP DELIVERY DATE: 298 PARKDALE DRIVE STATE CONTRACT: BELMONT, NC 28012 F.O.B.TERMS: Destination VENDOR ACCT NUM: C VENDOR PHONE#: VENDOR Vendor#: BION0005 VENDOR FAX#: BIO-NOMIC SERVICES INC REQUISITION#: R3001129 516 ROUNDTREE RD PAYMENT RECORD CHARLOTTE, NC 28217 CHECK NO. DATE PAID NOTICE:TAX EXEMPT-TAX ID: 56-0856848 QUANTITY DESCRIPTION ACCOUNT NO UNIT PRICE TOTAL 1.00 CLEANING OF WEST BASIN SOLIDS 30-8000-100 305,400.0000 305,400.00 THIS IS TO GET OUR WEST BASIN CLEANED FOR SOLIDS TO HELP WITH OUR TSS SOLIDS AND FECALS FOR NPDES PERMIT TOTAL 305,400.00 CLAIMANT'S CERTIFICATION&DECLARATION OFFICER'S CERTIFICATION APPROVAL TO PURCHASE I do solemnly declare and certify under penalties;of the law that the I,having knowledge of the facts,certify that the materials DO NOT ACCEPT THIS ORDER UNLESS IT within bill is correct in all its particulars;that the articles have been and supplies have been received or the services rendered; IS SIGNED BELOW furnished or services rendered as stated therein;that no bonus has been said certification being based on signed delivery slips or given or received by any;person or persons within the knowledge of this other reasonable procedures. claimant in connection with the above claim;that the amount therein stated is justly due and owing;and that the amount charged is a reasonable one. DEPT.HEAD DATE VENDOR MUST SIGN CERTIFICATION STATEMENT ON THIS VENDOR SIGN HERE VOUCHER.MAIL VOUCHER&ITEMIZED BILLS TO: City of Belmont 1401 E Catawba St OFFICIAL POSITION DATE PO Box 431 Belmont,NC 28012 TAX ID NO.OR SOCIAL SECURITY NO. The City of O��ef Belmont City Council 4 Regular Meeting B e l m o n t CityWorks Center, 1401 E. Catawba Street, Belmont, NC To watch live go to www.cityofbelmont.orq/livemeetings North Carolina ''e Carg'S` May 1,2023,6:00 PM 6:00 PM - Council Work Session Council Meeting to Begin after Work Session Concludes Page A. COMMENCEMENT (1) Call to Order (2) Invocation (3) Pledge of Allegiance (4) Recognitions and Acknowledgements 5 2023 Municipal Clerks Week Proclamation (5) Set the Agenda B. CONSENT AGENDA (1) Approval of Special Meeting Minutes: March 28, 2023 7 - 10 Special City Council Meeting Minutes Agenda Memo 2023 03 28 Special City Council Meeting Minutes (2) Approval of Closed Session Meeting Minutes: March 28, 2023 11 Closed Session Meeting Minutes Agenda Memo (3) Approval of Regular Meeting Minutes: April 3, 2023 13 - 20 Regular Meeting Minutes Agenda Memo 2023 04 03 Regular City Council Minutes (4) Approval of Special Council Meeting Minutes: April 5, 2023 21 - 24 Special City Council Meeting Minutes Agenda Memo 2023 04 05 Special City Council Meeting Minutes (5) Approval of Special Meeting Minutes: April 14, 2023 25 - 28 Special City Council Meeting Minutes Agenda Memo 2023 04 14 Special City Council Meeting Minutes (6) Approval of Closed Session Meeting Minutes: April 14, 2023 29 Closed Session Meeting Minutes Agenda Memo (7) Approval of Special Meeting Minutes: April 17, 2023 31 - 35 Special City Council Meeting Minutes Agenda Memo 'n71 rm. 17 Cnarial City Cniinril Maatina Miniitac ADDENDUM C (8) A Resolution Approving The City of Belmont's Local Water Supply Plan 37 -43 A Resolution Approving The City of Belmont's Local Water Supply Plan Agenda Memo (9) A Resolution Approving the City of Belmont's Water Shortage Response Plan 45 - 55 A Resolution Approving the City of Belmont's Water Shortage Response Plan Agenda Memo (10) Approval and Selection of a Vendor for an Aeration Basin Maintenance Project 57 - 64 at the Belmont Wastewater Treatment Plant Approval of an Aeration Basin Maintenance Project at Wastewater Treatment Plant Agenda Memo (11) Approval of a Revised Ordinance Authorizing the Closing of S. Main Street and 65 - 68 the Sale, Possession, and Consumption of Alcoholic Beverages for the 2023 Friday Night Live Concert Series Revised FNL Alcoholic Beverage and Road Closure Agenda Memo C. AGENDA (1) Public Comment 69 Public Comment Agenda Memo (2) 2021-2022 Audit Presentation 71 2021-2022 Audit Presentation Agenda Memo (3) Public Hearing for Consideration of Entering into an Installment Financing 73 Contract for Construction of the Recreation Center Public Hearing for Consideration of Entering into an Installment Financing Contract for Construction of the Recreation Center Agenda Memo (4) Resolution Authorizing the negotiation of an installment financing contract 75 - 78 and providing for certain other related matters thereto for the Recreation Center Resolution Approving an Installment Financing Contract for Construction of the Recreation Center Agenda Memo (5) Public Hearing for ZA2020.02A Del Webb/ Carolina Riverside Development 79 - 86 (Signage): A request to add a condition of relief for the approved Del Webb retirement community known as Carolina Riverside off of Armstrong Ford Road to allow for flexibility in the standards for neighborhood identification signage. ZA2020.02A Agenda Memo (6) Consider Adoption of an Ordinance Approving ZA2020.02A Del Webb/ Carolina 87 - 97 Riverside Development (Signage): A request to add a condition of relief for the approved Del Webb retirement community known as Carolina Riverside off of Armstrong Ford Road to allow for flexibility in the standards for neighborhood identification signage. ZA2020.02A Ordinance Agenda Memo D. REPORTS (1) Downtown Belmont Development Association Board Report 99 - 100 2023 04 20 Downtown Belmont Development Association Minutes (2) Main Street Advisory Board Report 101 - 103 2023 04 20 Main Street Advisory Board Minutes (3) Parks and Recreation Citizen's Advisory Board Report 105 - 107 2023 04 19 Parks & Recreation Citizens Advisory Board Minutes (4) Environmental Sustainability Board Report 109 - 110 2023 04 11 Environmental Sustainability Board Minutes (5) Board of Adjustment Report 111 - 112 2023 04 13 Board of Adjustment Minutes (6) Interim Manager's Report 113 interim Manager's Report Agenda Memo E. OTHER BUSINESS (1) Other Business 115 Other Business Agenda Memo F. ADJOURNMENT The City of � The City of Belmont Ot$ -. Regular City Council Be1rr ? Carolina Op ".$' 1� Car°� May 01, 2023 DESCRIPTION: Approval and Selection of a Vendor for an Aeration Basin Maintenance Project at the Belmont Wastewater Treatment Plant MEETING: 2023_05_01 Regular City Council DEPARTMENT: Public Works STAFF CONTACT: Bill Carroll FISCAL IMPACT SUMMARY: $305,400.00 in the Water and Sewer Fund. Potentially less depending on an engineers recommendation. SUMMARY OF ACTION: The Belmont Wastewater Treatment Plant is having a build up of solids in the aeration basin that is causing significant challenges in the treatment process. This project would use a belt press to de-water solids in the system and remove them permanently. Staff have attempted to collect multiple quotes on this project, but only Bio-nomic Services replied. Due to the urgency of this project, Bio-nomic Services should be selected to perform the work and the work should begin immediately. EXHIBITS: Bionomic Proposal Bio Services Quote Breakdown STAFF RECOMMENDATION: Staff recommend approval of this capital project and selection of Bio-nomic Services as the vendor. City Council Meeting May 1, 2023, link. https://www.youtube.com/watch?v=3QkgYnHyf50 The start time for the relevant discussion is 4:00 into the video. DocuAign Envelope ID:F8F63B43-10BF-4314-9AF8-2E9611CA8C31 �R� REPUBLIC' S p e c i I Waste Profile �� SERVICES Disposal Facility: Charlotte Motor Speedway Landfill Waste Profile#: Sales Rep#: I. Generator Information Generator Name: Belmont Waste Water Treatment Plant — 1 Generator Site Address: 298 Parkdale Drive City: [Belmont County: Gaston State: NC Zip: 28012 State ID/Reg No: N/A State Approval/Waste Code: N/A J NAICS: Generator Mailing Address: [298 Parkdale Drive City: Belmont County: Gaston State: NC Zip: 28012 Generator Contact Name: Tanya Carter Email: tsetzer@cityofbelmont.org Phone Number: 704-825-3791 Ext: 1511 I Fax Number: 7048256505 II. Billing Information Bill To: Bio-Nomic Services 1 Contact Name: Joel Coert Billing Address: 530 Woodlawn St Email: L accounting@bio-nomic.com City: Belmont State: NC 1 Zip: 28012 Phone: 704-529-0000 III.Waste Stream Information Name of Waste: Bio-Solids Process Generating Waste: Municipal waste water treatment facility Type of Waste: Industrial Process Physical State: Solid Method of Shipment: Bulk Estimated Volume: 2000 Volume Type: Tons Frequency: One Time Disposal Consideration: Landfill IV. Representative Sample Certification No Sample Taken Sample Taken Type of Sample: Composite Is the representative sample collected to prepare this profile and laboratory analysis, collected in accordance with U.S. EPA 40 CFR 261.20(c)guidelines or equivalent? ; Yes ❑No Sample ID Sample May 3, 2023 Numbers 680-234527-1, Date: or SDS: Remember to attach Laboratory Analytical Report (and/or Material Safety Data Sheet) 'squired parameters provided for this profile. ADDENDUM D DocuSign Envelope ID:F8F63B43-10BF-4314-9AF8-2E9611 CA8C31 R Special Waste Profile • REPUBLIC SERVICES V. Physical Characteristics of Waste Characteristic Components(must equal 100%): % By Weight(out of 100%- ranges acceptable): 1. Dewatered Cake typical/actual: 70% Grit/Sando 2. L typical/actual: 30% V. Physical Characteristics of Waste cont. Color: Black O Odor(describe): Does Waste Contain Free Liquids? %Solids: pH: Flash Point: Soil (slight) Yes VNo 140% - 60% 6.8 N/A °F Attach Laboratory Analytical Report(and/or Material Safety Data Sheet) including Chain of Custody and required parameters provided for this profile. RCRA Regulatory Questions 1. Does this waste or generating process contain regulated concentrations of the following Yes A/No Pesticides and/or Herbicides: Chlordane, Endrin, Heptachlor(and its epoxides), Lindane, Methoxychlor,Toxaphene, 2,4-D, or 2,4,5-TP Silvex as defined in 40 CFR 261.33? 2. Does this waste contain reactive sulfides(greater than 500 ppm)or reactive cyanide(greater than Yes A/No 250 [reference 40 CFR 261.23(a)(5)]? 3. Does this waste contain regulated concentrations of Polychlorinated Biphenyls(PCBs)as defined Yes 1/No in 40 CFR Part 761? 4. Does this waste contain concentrations of listed hazardous wastes defined in 40 CFR 261.31, Yes 1/No 261.32, 261.33, including RCRA F-Listed Solvents? 5. Has this waste been delisted under 40 CFR 260.20 and 260.22? If yes, attach the final decision to Yes i/No delist the waste as published in the Federal Register. 6. Does this waste exhibit a Hazardous Characteristic as defined by Federal and/or State regulations? Yes 1/No 7. Does this waste contain regulated concentrations of 2,3,7,8-Tetrachlorodibenzodioxin (2,3,7,8- Yes //No TCCD), or any other dioxin as defined in 40 CFR 261.31? 8. Is this a regulated Medical or Infectious Waste as defined by Federal and/or State regulations? Yes 1/No 9. Is this a regulated Radioactive Waste as defined by Federal and/or State regulations? Yes 1/No 10. Is this a solid waste that is not a hazardous waste in accordance with 40 CFR 261.4(b)? If yes, Yes 1/No please provide the corresponding regulatory citation. Republic Services Waste Handling Questions 1. Does this waste generate heat or react when contacted with water/moisture? Yes ;I,No 2. Does the waste contain sulfur or sulfur by-products? Yes AINo 3. Is this waste generated at a State or Federal Superfund cleanup site subject to regulation under Yes I/No CERCLA? 4. Is this waste from a TSD facility,TSD-like facility or consolidator(i.e. multiple wastes/multiple Yes //No generators)? . If yes, please provide clarification. DocuSign Envelope ID: F8F63B43-10BF-4314-9AF8-2E9611 CA8C31 Rulk Kr 90 REPUBLIC S p e c i a l Waste Profile '14 SERVICES VI. Certification I hereby certify that l have knowledge about the waste material being offered for disposal("Waste") and have the requisite authority to bind the Generator to the information contained in this Special Waste Profile("Profile"). I further certify that to the best of my knowledge and belief, the information contained herein is a true, complete and accurate description of the Waste and all known or suspected hazards have been disclosed.All Analytical Results/ Safety Data Sheets submitted are truthful and complete and are representative of the Waste. l further certify that by utilizing this Profile, neither myself nor any other employee or representative of the company identified below("Company") will deliver for disposal or attempt to deliver for disposal any Waste that:(i)is classified as toxic waste, hazardous waste or infectious waste;(ii) that does not conform to this Profile;or(iii) that this Disposal Facility is prohibiting from accepting by law. I shall immediately give written notice of any change or condition pertaining to the Waste not provided herein. Our Company hereby agrees to fully indemnify this Disposal Facility against any damages resulting from this Profile or Certification being inaccurate or untrue. I understand that by attaching an electronic signature, I am signing this document and Company consents to complete this transaction and receive all related communications electronically, and agrees this document will be binding as though it had been physically signed. A printout of this Profile may be accepted with the same authority as the original. Tanya Carter superintendent city of Belmont Authorized Representative Name Title Company Name (Printed) (Printed) —DocuSigned by: tatr, Cotty May 24, 2023 "-756CD1 DB702149C... Authorized Representative Signature Date