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<br />, <br />.. <br /> <br />, <br /> <br />.. ... ~ n .... . "'... ... . ., f, .""-' oJ ..... \J V n I t\ l,I... \.I V . I r, .&. oJ .J .a. v n <br />350 Metro~uare Building, Saint Paul, Mirn~sota 55101 <br />\, 222-8423 < ' <br /> <br />.. <br /> <br />.. <br /> <br />. <br /> <br />AGREEMENT .BETWEEN <br /> <br />THE METROPOLITAN WASTE CONTROL CO~~ISSION <br /> <br />AND <br />CONTRACT NO. 130 <br /> <br />THIS AGREEf.1ENT, made and entered into by.and between the City of ~ ~ <br />, a municpal corporation of the State of Minnesota (hereinafter' . <br />referred to as the "City"), and the Metropolitan ~Iaste Control Cormnission, a <br />metropolitan Cormnission established pursuant to Laws of 1975, Chapter 13 <br />(hereinafter referred to as the "Commission"); . <br /> <br />~IITNESSETH THAT, in the joint and mutual exercise of their powers and in <br />consideration of the mUtual eovenants herein contained, the parties hereto <br />recite and'agree as follows: <br /> <br />SECTION 1 - RECITALS <br /> <br />. <br /> <br />1.01. The City owns and operates a sanitary sewer system located inside its <br />boundaries,'comprising various lateral,.sub-trunk and trunk sewers; pumping <br />stations, and other equipment and appurtenances. <br /> <br />1.02. The Cormnission owns and operates a sanitary sewer system located inside <br />and outside the City, comprising interceptor sewers, pumping stations,. treatment <br />works, and other equipment and appurtenances. . <br /> <br />1.03. Sanitary wastewater and some infiltrationllnflow (III) is received by <br />.the City sewer system and is discharged into the Cormnission's sewer system <br />and treatment works. Various Commission facilities are proposed to'be upgraded <br />andlor expanded with federal and state grant assistance. <br /> <br />1.04. Section 35.927 of the U.S. Environmental Protection Agency (U.S. EPA) <br />Rules and Regulations requires that all applicants for grant assistance for <br />treatment works projects must demonstrate to the satisfaction of the Regional <br />Administrator that each sewer system discharging into said treatment works is <br />not or will not be subject to excessive III. The determination whether or ' <br />not excessive III exists will "generally be accomplished through'a sewer system <br />evaluation consisting of: 1) certification by the State Agency, as 'appropriate: <br />and, when necessary, 2) an III analysis: and, if appropriate, 3) a sewer system <br />evaluation followed by rehabilitation of the sewer system to eliminate III <br />defined in the sewer system evaluation. <br /> <br />1.05. The Commission has completed an Infiltration/lnfJow Assessment to <br />identify collection systems subject to potentially excessive III and submitted <br />recormnendations for further III analysis to the Minnesota Pollution Control <br />Agency (MPCA). The preliminary evaluation determined that excessive III may <br />exj,st in por1;j.g.ns of the sanitary sewer system in the City of <br />~~~ . It was further recommended that each municipality <br /> <br />V-1 <br />Exhi'Lit hA" <br />