MOU/MT Basecamp & City/Sewer Impact Fees & SurchargesMEMORANDUM OF UNDERSTANDING
between
Montana Basecamp Inc / Basecamp Outpost LLC
and
CITY OF KALISPELL
I. Purpose and Scope
The purpose of this Memorandum of Understanding (this "MOU") is to establish the rules and
regulations that Montana Basecamp Inc / Basecamp Outpost LLC (hereinafter "MBC") and the
City of Kalispell (hereinafter the "CITY") shall follow as well as to establish an appropriate sewer
impact fee (conveyance and treatment) and surcharge in consideration for receiving municipal
sewer utility services from the CITY. The parties acknowledge that MBC does not discharge
typical domestic waste and is therefore required to pay an impact fee and surcharge fee for the
wastewater to be received by the City as it relates to this development.
II. Term
There are two CITY components addressed within this MOU, as such the Terms with each are
defined as follows.
Sewer Impact Fee: This MOU shall remain in force so long as MBC continues to operate its
business and remains a customer of the CITY wastewater system.
Surcharges and Industrial Pretreatment Program (IPP): This MOU shall remain in force so long
as MBC continues to operate its business and remain a customer of the CITY's Wastewater
system, or until such a time when the CITY has an approved Industrial Pretreatment Program
(IPP) with the United States Environmental Protection Agency (USEPA). When the City obtains
the approved IPP with the USEPA, the MOU components addressing sampling and surcharges
will be replaced with an Industrial Pretreatment Permit along with the application of the most
current adopted surcharge schedule.
III. MBC Responsibilities
MBC shall abide by the terms set forth in Appendix A, and all of the CITY codes, regulations,
resolution, and ordinances in regards to the CITY's wastewater system.
Surcharges will commence on the date that MBC connects to the CITY's sanitary sewer system.
Surcharge samples shall be collected for analysis annually in May, July, September, and
November for the purpose of determining and charging surcharges. Surcharge cost will be
applied to the entire volumetric flowrate received by the City, as there is no mechanism to
separate the RV site wastewater from the facilities wastewater.
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MBC will be responsible for all costs associated with sampling and analysis as related to
calculation of impact and surcharge fees. All sampling and analytical reports shall be sent to
the CITY as defined in Appendix A.
IV. CITY Responsibilities
The CITY shall provide municipal sanitary sewer service to MBC and shall abide by the terms
set forth in Appendix A.
The CITY will assist MBC with collecting samples. Within 60 days of receiving the analytical
report from the second annual seasonal sampling, the CITY shall review the monthly samples
and adjust the impact fee accordingly.
V. Sewer Impact Fees
The Wet Industry impact fee for which MBC is obligated for this MOU pertains to the RV portion
for Phase 1 of the Development. Additional impact fees shall be calculated and collected
separately as it pertains to development phases for the RV sites and facilities. All calculations
shall be in accordance with the most current adopted impact fee. Appendix B provides the
estimated wet industry calculation and cost.
The total estimated wet industry impact fee for Phase 1 of the MBC is $134,692.08, of which
$26,938.41 shall be paid prior to connection, with the balance to be paid utilizing the CITY's
deferred payment plan. Appendix C sets forth the terms of the deferred payment plan.
See CITY Responsibilities in IV above regarding final determination of impact fee based on
actual sampling results.
VI. Modification
The CITY and MBC acknowledge that the CITY's pretreatment regulations currently are being
reviewed and will be formally established and modified from time to time. MBC shall be
obligated to abide by such regulations, as they are adopted by the City. Any and all
amendments to this agreement must be made in writing and must be agreed to and executed by
both parties before becoming effective.
VII. Effective Date and Signature
This MOU shall be effective upon the signature of the CITY and MBC's authorized officials. The
CITY and MBC indicate agreement with this MOU by their signatures.
CITY OF KALISPELL Montana Base Camp Inc — Operating Manager
Basecamp Outpost LLC — Proper`, —Owner
0;56`g RGsell, City Manager Andrew J. a ews
Date: 7�L//g Date: 00, Ir
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APPENDIX A
PART 1- EFFLUENT LIMITATIONS
A. General Prohibitions
1. Pass Through - No user shall discharge pollutants through the wastewater utility into
the receiving stream in quantities or concentrations that are a cause of or significantly
contribute to violation of any requirements contained in the City's NPDES permit.
2. Interference - No user shall directly or indirectly inhibit or disrupt the wastewater
treatment plant process or operation.
B. Wastes Prohibited from being discharged to the Wastewater Treatment System
The discharge of any waters containing toxic or poisonous solids, liquids or gases in
sufficient quantity, either singly, or by interaction with other wastes, to contaminate the
sludge of the City of Kalispell's sewerage system, or to injure or interfere with any sewage
treatment processes, constitute a hazard to humans or animals, create a public nuisance, or
create any hazard in or have an adverse effect on the waters receiving any discharge from the
treatment works is hereby prohibited.
Substances specifically prohibited are:
1. Any liquid or vapor having a temperature higher than one hundred fifty degrees
Fahrenheit (150°F) (65°C), or having flammable or explosive qualities;
2. Any water or waste containing fats, wax, grease or oils, whether emulsified or not, in
excess of one hundred (100) mg/1 or containing substances which may solidify or
become viscous at temperatures between thirty-two and one hundred fifty degrees
Fahrenheit (32 and 150°F) (0 and 65°C);
3. Any garbage that has not been properly shredded. The installation and operation of
any garbage grinder equipped with a motor of three -fourths (3/4) horsepower or
greater shall be subject to the review and approval of the City,
4. Any waters or wastes containing strong acid iron pickling wastes or concentrated
plating solutions whether neutralized or not;
5. Any waters or wastes containing iron, chromium, copper, zinc and similar objectionable
or toxic substances; or wastes exerting an excessive chlorine requirement; to such
degree that any such material received in the composite sewage at the sewage treatment
works may exceed the limits established by the City to comply with applicable State
and Federal regulations;
6. Any waters or wastes containing phenols or other taste -producing or odor -producing
substances, in such concentrations exceeding limits which may be established by the
City as necessary, after treatment of the composite sewage, to meet the requirements of
the State, Federal or other public agencies of jurisdiction for such discharge to the
receiving waters;
7. Any radioactive wastes or isotopes of such half-life or concentration as may exceed
limits established by the City to comply with applicable State or Federal regulations;
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8. Any waters or wastes having a pH in excess of 9.5 or under 5.5;
9. Materials which exert or cause:
a. Unusual concentrations or inert suspended solids (such as, but not limited to,
Fullers earth, lime slurries and lime residues) or of dissolved solids (such as,
but not limited to, sodium chloride and sodium sulfate)
b. Excessive discoloration (such as, but not limited to, dye wastes and
vegetable tanning solutions)
C. Unusual BOD, chemical oxygen demand, or chlorine requirements in
such quantities as to constitute a significant load on the sewage treatment
works.
10. Waters or wastes containing substances which are not amenable to treatment or
reduction by the sewage treatment processes employed or are amenable to treatment
only to such degree that the sewage treatment plant effluent cannot meet the
requirements of other agencies having jurisdiction over discharge to the receiving
waters. (Ord. 1002 § 11)
C. Specific Discharge Limits
1. Materials discharged from RV holding tanks have the potential to contain toxic
pollutants and heavy metals. Periodic sampling for the pollutants contained in 40 CFR
Part 122, Appendix D, Tables II, III and V will be performed by the City. If any of
these pollutants are detected in any concentration, routine sampling at MBC's expense
and as described at that time, will be required.
2. Biochemical Oxygen Demand (BOD), Total Suspended Solids (TSS), Total Phosphorus
(TP), Total Nitrogen (TN), Fats, Oils and Grease (FOG) and pH shall be tested as
prescribed in the schedule below.
PART 2 - MONITORING REQUIREMENTS
A. In order to calculate a more representative and accurate impact fee at a later date, MBC shall
monitor its waste stream for the following parameters at the indicated frequency:
Parameter
Frequency
Sample
Sample
Type
Point
BOD, TSS, Total
Monthly for 2 full seasons' - May
Grab
Sample Port
Phosphorus, Total
through October (wet industry impact
Nitrogen, FOG,
fee determination)
pH
Annually, once per Month for May, July,
September, and November (surcharge
fee determinations)
Flow
Monthly
Continuous
Water
Meter
Service
1. A full season consist of a sample per month from May to October in one calendar
year, when the development is fully operational for Phase 1. Results will not be
considered if the business is under construction and not fully operational.
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B. All handling, preservation, and laboratory analyses of samples shall be performed in
accordance with 40 CFR Part 136 and amendments thereto.
C. The City may, at any time, collect random samples at the City's expense.
D. Sampling shall take place on the first full week of each month, and not less than 21 days
after septic tank(s) are pumped (cleaned).
E. All samples shall be taken from sample port (s) that will be installed by MBC, and shall
be located in an area(s) where flow can be monitored and represented from the entire
development. Sample port design shall be in accordance with current City Standards for
Design and Construction.
PART 3 - REPORTING REQUIREMENTS
A. Monitoring Reports
1. Monthly Flow report shall include a total monthly flow from water service meters
associated from the entire site.
2. The monthly report shall include any laboratory analytical reports for any sampling
performed during the previous month.
3. MBC may monitor any pollutant more frequently than required, using test procedures
prescribed in 40 CFR Part 136 or amendments thereto. If MBC chooses to include the
additional sampling data in the monthly report, MBC shall provide the City with an
explanation as to why the additional sampling was performed. The City will review the
information and determine if the additional data shall be included when calculating impact
and / or surcharges.
4. Monthly reports shall be sent to the City's Industrial Pretreatment Coordinator no later than
the 15th of each month and contain all required information from the previous month.
B. Certification Statement
All reports submitted by the facility shall include the following signed certification statement
per 40 CFR 403.12(1):
I certify under penalty of law that this document and all attachments were prepared under my
direction or supervision in accordance with a system designed to assure that qualified personnel
properly gather and evaluate the information submitted. Based on my inquiry of the person or
person who manage the system, or those persons directly responsible for gathering the
information, the information submitted is, to the best of my knowledge and belief, true,
accurate, and complete. I am aware that there are significant penalties for submitting false
information, including the possibility of fine and imprisonment for knowing violations.
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C. Accidental Discharge Report
MBC shall notify the City of Kalispell within 24 hours or sooner of the occurrence of an
accidental discharge of substances prohibited by City of Kalispell Ordinance or any slug
loads or spills that may enter the wastewater treatment system. During normal business
hours the City of Kalispell shall be notified by telephone at 406-758-7817. At all other
times, the City of Kalispell shall be notified by calling 911. The notification shall
include location of discharge, date and time thereof, type of waste, including
concentration and accidental releases in accordance with this section does not relieve it
of other reporting requirements that arise under local, State, or Federal laws.
2. Within five days following an accidental discharge, MBC shall submit to the City of
Kalispell a detailed written report. The report shall specify:
a. Description and cause of the upset, slug load or accidental discharge;
including location of discharge, type, concentration and volume of waste.
b. Duration of discharge, including exact dates and times and, if continuing, the
time by which normal operation is reasonably expected to commence.
c. All steps taken or to be taken to reduce, eliminate, and/or prevent recurrence
of such an upset, slug load, or accidental discharge.
d. BCRP shall give notice to the City of Kalispell ninety (90) days prior to any
change or modification of operations which results in new or increased
discharges or a change in the nature of the discharge.
e. All reports required shall be submitted to the City of Kalispell by one or
more of the following methods:
1. Mail: City of Kalispell, WWTP
Attn: Del Phipps
PO Box 1997
Kalispell, MT 59903
2. Email: edphipps@kalispell.com
3. Physical Address: 2001 Airport Rd, Kalispell, MT 59901
PART 4 - SPECIAL CONDITIONS
A. Slug Control Plan
MBC is required to maintain a slug control plan per 40 CFR 403.8(f)(2)(v). The
Slug Control Plan shall include the following:
1. Procedures for immediately notifying the Wastewater Treatment Plant of
slug discharges and measures for containing spills.
2. Description of stored chemicals.
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B. Settling Tank(s)
Settling Tank(s) shall be installed to receive wastewater flow from all RV sites. Wastewater
effluent from the RV sites shall flow into a sample port prior to connecting to the City's
sewer system. The sizing of the tank shall be a minimum of 200 gallons/RV site. If other
facilities are connected upstream of a tank, additional sizing consideration shall be taken into
account.
C. Dump Station(s)
Any dump station(s) installed in MBC shall not connect to the City's sanitary sewer.
D. Flow Meter
Water service meter(s) compatible with the City's metering system shall be installed in a
location, which measures flow usage going to the development. The meter flow will be used to
calculate the volume of wastewater being discharged from the entire site.
E. Sample Port
A sample port shall be installed in a location that allows sampling that best represents
discharge quality from the RV development. Design and location shall be in accordance with
current City Standards for Design and Construction.
F. Educate Guests of Best Management Practices
MBC shall educate guests of chemicals that can safely be used at the RV park. MBC
shall not sell any products that are not environmentally friendly or have the potential to cause
adverse effect on the plants ability for treatment and/or permit compliance.
PART 5 - STANDARD CONDITIONS
A. Inspection and EntrX
The Industrial Pretreatment Coordinator and other duly authorized employees of the City
bearing proper credentials and identification, shall be permitted to enter all properties for the
purposes of inspection, observation, measurement, sampling and testing in accordance with
the provisions of the City Code.
Including to:
l . Inspect any production, manufacturing, fabricating, or storage area where
regulated pollutants could originate, be stored, or be discharged into the
wastewater treatment system. Any persons entering production facilities
will be subject to the same dress restrictions as an employee of MBC.
2. Examine and copy any and all records required to be maintained by the permittee
for the purpose of determining compliance with Federal, State, and local
regulations pertaining to wastewater.
The Industrial Pretreatment Coordinator or his or her representatives shall have no
authority to inquire into any processes, beyond the point where such processes have
a direct bearing on the kind and source of discharge into the sewers or waterways
or facilities for waste treatment.
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While performing the necessary work on MBC's private property, the Industrial
Pretreatment Coordinator or duly authorized employees of the City shall observe
all safety rules, applicable to the premises as established by MBC; MBC shall be
held harmless for injury or death to the City employees; and the City shall
indemnify the company against loss or damage to its property by City employees
and against liability claims and demands for personal injury or property damage
asserted against MBC and growing out of the gauging and sampling operation,
except as such that may be caused by negligence or failure of MBC to maintain
safe conditions.
B. Duty to Comply and Enforcement Remedies
MBC must comply with all conditions of the City Ordinance. Failure to comply with
these requirements may be grounds for enforcement action. The City reserves the right
to take any, all, or any combination of these actions against a noncompliant user. The
provisions in this section are not exclusive remedies.
1. Written Notice of Violation.
2. Compliance Orders.
3. Emergency suspension or termination of discharge
4. Severance of water supply.
C. Duty to Mitigate
MBC shall take all reasonable steps to minimize or correct any adverse impact to the
Wastewater Treatment Plant or the environment resulting from noncompliance with this
permit, including such accelerated or additional monitoring as necessary to determine the
nature and impact of the noncomplying discharge.
D. Dilution
MBC shall not increase the use of potable or process water or, in any way attempt to dilute
an effluent as a partial or complete substitute for adequate treatment to achieve compliance
with the limitations contained in this permit.
E. Record Keeping
MBC shall retain, and make available for inspection and copying, all records of monitoring
and any additional records regarding monitoring activities undertaken by the user. Records
shall include the date, exact place, method, and time of sampling, and the name of the
person(s) taking the samples; the dates analyses were performed; who performed the
analyses; the analytical techniques or methods used; and the results of such analyses. These
records shall remain available for a period of at least three (3) years. This period shall be
extended for the duration of any litigation concerning the user or the City.
F. Ownership of Sewer System Components
Settling tanks, dump stations, sample ports and all other sewer conveyance systems or
appurtenance at MBC shall be considered property of MBC up to the point of the
connection to the City's sewer main.
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APPENDIX B
Equivalent Residential Unit (ERU) Determination Schedule 2019
Project Name: Base Camp Phase 1
Date: 5/20/2019
The SDC for wet industrial shall be determined on an individual basis utilizing the formula listed below:
SDC Total = ((GPD x SFRc)/265 )+((GPD x SFRt x [(F1+F2+F3+F4)/4] )/265)
Treatment = ((GPD x SFRt x [(F1+F2+F3+F4)/4] )/265)
Collection = ((GPD x SFRc)/265 )
GPD = Average per day sewer discharge in gallons per day.
SFRt = Current single family SDC cost for treatment
SFRc = Current single family cost for collection
F1,F2,F3,F4 = Extra strength factors, whole number multi pliers derived for each of the following fraction thereof:
F1, each 215 ppm of biochemical oxygen demand (BOD)
F2, each 260 ppm of suspended solids (SS)
F3, each 25 ppm of total nitrogen (TN)
F4, each 4.5 ppm totoal Phosphorous (P)
Example
ppm Range
Factor
BOD
1
0-215
2
216-430
3
431-645
4
646-860
5
861-1075
BOD =
200
SS =
250
TN =
14
P =
4
GPD=J 6,200
SFRt= $ 2,008.00
SFRc= $ 3,749.00
ppm Range ppm Range
SS
TN
0-260
0-25
261-520
26-50
521-780
51-75
781-1040
76-100
1041-1300
101-125
BOD F1 =
1
SS F2 =
1
TNF3=
1
P F4 =
1
Treatment =
$
46,979.62
Collection =
$
87,712.45
SDC Total =
$
134,692.08
Date Notes
5/20/2019 1. Used DEQ 4 showing typical sewer flows for Recreational Facilities. With individual
hookups (as is the case for Basecamp) the estimated flow is 100 gpd/space.
2. Phase 1 equals 62 RV Sites at 100 gallons per day for 6,200 gallons per day
3. Strength ppm for all parameters were estimated base on best available information,
actual strengths will be rectified upon completion of sampling.
4. 265 gpd = 1 ERU therefore in comparison if strengths are not above domestic impact
fee then 6,200/265 = 23.4 ERUs
Page 9 of 10
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