HomeMy WebLinkAboutContracts & Agreements_25-2006_CCv0001.pdf NEGOTIATIONS AGREEMENT BETWEEN THE CITY OF REDLANDS
AND MOUNTAINVIEW POWER COMPANY, LLC, A WHOLLY OWNED SUBSIDIARY
OF SOUTHERN CALIFORNIA EDISON COMPANY
Whereas, Mountainview Power Company, LLC, a wholly owned subsidiary of
Southern California Edison (MVL), wishes to dispose of wastewater treatment plant
filter cake at the City of Redlands (City) California Street Landfill (CSL);
Whereas, the Mountainview Power Plant utilizes water from on-site groundwater
wells and City Recycled Water for cooling purposes;
Whereas, the City Recycled Water and the on-site groundwater used in the
cooling towers at the power plant contain perchlorate and other waste byproducts;
Whereas, the perchlorate will be concentrated in the wastewater treatment filter
cake for disposal;
Whereas, acceptance of the filter cake at the CSL will require an agreement
between the City and MVL to address issues related to the added cost to City of
accepting perchlorate contaminated solids;
Whereas, the pumping of groundwater on site for cooling water at MVL removes
perchlorate from a groundwater plume that is spreading from locations upgradient from
and unrelated to the MVL power plant;
Whereas, the groundwater underneath the CSL is already impacted by the
perchlorate plume;
Whereas, a perchlorate release to groundwater at CSL would impact
groundwater that is already polluted by perchlorate;
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Whereas, shipping perchlorate contaminated filter cake to a distant landfill poses
increased risks to MVL and the community at large;
Whereas, the Regional Water Quality Control Board Santa Ana Region has
expressed a preference for disposing of the filter cake at the CSL;
Whereas, the distance to CSL from the MVL power plant makes disposal of filter
cake at CSL more economical than any other location;
Whereas, the City has a responsibility to manage waste that is generated within
its jurisdictional boundaries;
Whereas, accepting the filter cake will require construction of a double
composite liner, in future disposal cells, to provide for appropriate groundwater
protection;
Whereas, the City will incur additional cost related to construction, engineering,
design, and operations of CSL due to the disposal of the filter cake;
Whereas, the acceptance of perchlorate contaminated solids may pose long-
term liability under the Comprehensive Environmental Response Compensation and
liability Act (CERCLA or Superfund) due to potential groundwater contamination; and
Whereas, accepting the power plant filter cake at CSL is in the best public
interest as the economically and environmentally superior alternative to other disposal
options;
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Now, therefore, in consideration of the mutual promises contained here, the City
of Redlands and Mountainview Power Company, agree as follows:
Agreement
_Section 1. The City and MVL agree to meet and attempt to negotiate a mutually
satisfactory agreement to address cost responsibility related to the cost of constructing
a double composite lined landfill for the acceptance of MVL power plant filter cake and
to cover incrementally higher costs of operations related to activities such as
monitoring, engineering and design of the lined area.
Section 2. The City and MVL agree that any agreement pertaining to indemnification
from potential liability related to a perchlorate release to groundwater.
Section 3. The City and MVL shall work together to provide the City with relief from
AB 939 diversion impacts resulting from the disposal of power plant filter cake, which
may otherwise affect the City=s efforts to achieve compliance with AB 939 waste
diversion mandates.
Section 4. The representatives of the City and MVL who have executed this
Agreement represent that they are an officer or agent of their respective employers,
and are vested with the authority to execute this Agreement on behalf of their
employers, the City of Redlands and MVL, respectively.
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Section 5. The City and MVL agree that nothing in this Agreement obligates either
party to enter into any subsequent agreement regarding the subject matter hereof, and
that neither party will incur any liability to the other party for its failure or refusal.
Dated:
Nader N. Mansour
Vice President
Mount inview Power Company
Dated: February 7, 2006
,Mayor of the City of Redlands
Attest:
C; � lark
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