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Home My WebLink About2010-062 Agrmt DEQ Lab Services DEQ Agreement # R020-10 LAB SERVICES AGREEMENT Analysis of P3 List Compounds This Agreement is between the City Of Ashland (City), and the State of Oregon, acting by and through its DeDartment of Environmental QualllY (DEQ). City Contact Data DEQ Contact Data City Contact: Terry Ellis DEQ Contact: Greg Pettit City Of Ashland Dept Environmental Quality 90 N Mountain Ave Laboratory & Environmental Assessment Division Ashland OR 97520-2014 3150 NW 229~ # 150 Hillsboro OR 97124 Phone: 503-693-5705 1. Background The 2007 Oregon Legislature passed Senate Bili 737 (SB 737). SB 737 directed DEQ to compile a prioritized list of persistent poliutants in Oregon waters. DEQ developed a prioritized list (P3 List) that includes 118 persistent poliutants. SB 737 requires that by Juiy 1, 2011 the 52 largest waste water treatment plants in the state must develop plans for reducing the persistent poliutants and effluent sampling is needed. Commercial anaiytical capabilities are not readily available for many of the compounds on the list The DEQ Laboratory has acquired the analytical capabilities to analyze for these compounds as a result of its ongoing toxics monitoring programs. This Agreement outlines the process and requirements related to the DEQ's analysis of water quality samples submitted by or on behalf of the City for the persistent pOliutants included on the P3 List 2. Authority DEQ has authority under ORS 468.035 (l)(b) to conduct and prepare, independently or in cooperation with others, studies, investigations, research and programs pertaining to the quality and purity of the air or the waters of the state, and under ORS 468.035 (l)(d) may enter into contracts necessary to carry out those purposes. 3. Effective Date and Duration This Agreement is effective on the date of the last required signature. Unless earlier terminated or extended, this Agreement expires June 30. 2011. 4. Statement of Work DEQ wili conduct laboratory anaiysis on 2 sets of water samples (Samples) submitted by or on behalf of the City. The Sample coliection and analysis must comply with the requirements outlined in the Quality Assurance Project Plan and Sampling and Analysis Plan approved by DEQ. The Samples must be submitted to the DEQ Laboratory at 3150 NW 229~ Avenue Suite 150 Hilisboro OR on dates and times determined in advance by DEQ. The dates and times for the Sample submittals will be included in the Quality Assurance Project Plan. DEQ will submit an Analysis Report to the City for each set of Samples submitted to the DEQ within sixty (60) days of DEQ's receipt of the Samples. 5. Consideration DEQ wili submit invoices to the City after issuance of each of the Analysis Reports. The City wili pay DEQ $5,975 for the first Sample set submitted and anaiyzed by DEQ within 30 days of receipt of an invoice. The City will pay an amount not to exceed $6,975 for the second Sample set submitted and analyzed by DEQ within 30 days of receipt of an invoice. The maximum, not-to-exceed compensation payabie to DEQ under this Agreement is $13,950. 6. Agreement Documents This Agreement consists of this document and the attached Exhibit A. 7. Amendments The terms of this Agreement may not be waived, altered, modified, supplemented, or amended, in any manner whatsoever, except by written instrument signed by both parties. If the maximum compensation amount is increased by amendment of this Agreement, the amendment must be fuliy effective before DEQ performs work subject to the amendment No payment wili be made for any services performed before the effective date or after the expiration date of this Agreement 8. Termination This Agreement may be terminated by mutual consent of both parties, or by either party upon 30 days written notice to the other party. This notice may be transmitted in person, by mail, facsimile, or EmaiL If this Agreement is terminated under Section 8, the City must pay DEQ for authorized work performed but not yet paid. 9. Funds Available and Authorized The City certifies at the time the Agreement is written that sufficient funds are avaiiable and authorized or wili be available and authorized for expenditure to finance costs of this Agreement DEQ understands and agrees payment of amounts under this Agreement is contingent on City receiving appropriations, iimitations, aiiotments or other expenditure authority sufficient to allow City, in the exercise of its reasonable administrative discretion, to continue to make payments under this Agreement 10. Captions The captions or headings in this Agreement are for convenience only and in no way define, limit or describe the scope or intent of any provisions of this Agreement 1 11. Compliance with Applicable Law. DEQ will comply with all federal, Oregon, and local laws, regulations, rules, orders and ordinances applicable to this agreement 12. No Third Party Beneficiaries. The State of Oregon and the City are the only parties to this Agreement and are the only parties entitled to enforce the terms of this Agreement Nothing in this Agreement gives, is intended to give, or shall be construed to give or provide any benefit or right not held by or made generally available to the public, whether directly, indirectly or otherwise, to third persons unless the third persons are individually identified by name herein and expressly described as intended beneficiaries of the terms of this Agreement The City and DEQ are intended beneficiaries of the terms of this Agreement 13. Severability. If any provision of this Agreement is declared by a court of competent jurisdiction to be illegal or otherwise invalid, the validity of the remaining terms and provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if this Agreement did not contain the particular provision held to be invalid. 14. Survival. Sections 5, 8 and 13 of this Agreement shall survive termination or expiration of this Agreement 15, Merger Clause THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN THE PARTIES. NO WAIVER, CONSENT, MODIFICATION OR CHANGE OF TERMS OF THIS AGREEMENT SHALL BIND EITHER PARTY UNLESS IN WRITING AND SIGNED BY BOTH PARTIES. SUCH WAIVER, CONSENT, MODIFICATION OR CHANGE, IF MADE, SHALL BE EFFECTIVE ONLY IN THE SPECIFIC INSTANCE AND FOR THE SPECIFIC PURPOSE GIVEN. THERE ARE NO UNDERSTANDINGS, AGREEMENTS, OR REPRESENTATIONS, ORAL OR WRITTEN, NOT SPECIFIED HEREIN REGARDiNG THIS AGREEMENT. ALL PARTIES, BY THE SIGNATURE BELOW OF THEIR AUTHORIZED REPRESENTATIVES, HEREBY ACKNOWLEDGE THAT THEY HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREESTO BE BOUND BY ITS TERMS AND CONDITIONS. '~~iL~ Printed Name I Title: ~ . >~I b~/o Date fUtu.t~ Approved by DEQ: s/2-d to Greg Pettit 2 EPA 1694 Chlordane, trans- DDD,4,4'- DDE,4,4'- DDT, 4,4'- Dieldrin Endrin Heptachlor Heptachlor epoxide Hexachlorobenzene fHCBl Hexachlorocyclohexane, alpha- Hexachlorocyclohexane, beta- {ED} Hexachlorocyclohexane, gamma- fLindane 1 Isodrin Mirex Nonachlor, cis- Nonachlor, trans- Oxychlordane, sin~le isomer Trichlorophenol, 2,4,5- Trichlorophenol, 2,4,6- Pendimethalin Roxithromycin Pimozide Triclosan f2,4,4'-trichloro-2'-hydroxydiphenyl etherl Galaxolide [HHCB] Tetrabromobisphenol A [TBBPA] Fipronil Linuron Diethylstilbestrol (ED} Sitostanol, beta- [Sti~mastanoIlIED} Sitosterol, beta- (ED} Cholesterol Coprostanol 2,3,7,8-TCDD las TEQ} Perfluoroheptanoic acid rPFHpA 1 Perfluorononanoic acid IPFNAl Perfluorooctane sulfonamide fPFOSAl Pertluorooctane sulfonic acid fPFOSl Perfluorooctanoic acid fPFOAl PBDE-047 [2,2',4,4'- Tetrabromodiphenyl ether1 PBDE-099 [2,2' ,4,4' ,5-Pentabromodiphenyl ether] PBDE-lOO [2,2' ,4,4' ,6-Pentabromodiphenyl ether] PBDE-153 [2,2',4,4'.5,5'-hexabromodiphenyl ether] PBDE-209 fdecabromodiphenyl ether] Musk indane Musk ketone Musk tibetene Musk xylene Cyclopentasiloxane, decamethyl- fD51 Cyclotetrasiloxane, octamethyl- fD41 Dinoseb PCB-028 [2.4,4'-trichlorobiphenyll PCB-052 [2,2',5,5'-tetrachlorobiphenyIl PCB-On [3.3',4,4'-tetrachlorobiphenyll PCB-081 (3,4,4',5-tetrachlorobiphenyl) PCB-lO 1 [2,2',4,5,5'-pentachlorobiphenyll PCB-105 [2,3,3',4,4' -pentachlorobiphenyIl PCB-114 [2.3,4,4',5-pentachlorobiphenyll PCB-118 [2,3',4,4'.5-pentachlorobiphenyl] PCB-123 f2',3,4,4',5-pentachlorobiphenyll PCB-126 [3,3',4,4' ,5-pentachlorobiphenyIl PCB-138 [2,2',3,4,4',5'-hexachlorobiphenyll PCB-i53 [2,2',4,4',5,5' -hexachlorobiphenyll PCB-l 56 f2,3,3 ',4,4',5-hexachlorobiphenyIl PCB-I 57 [2,3,3 ',4,4',5' -hexachlorobiphenyll PCB-167 [2,3',4,4',5,5' -hexachlorobiphenYIl PCB-169 [3,3',4,4',5,5' -hexachlorobiphenyll PCB-180 [2,2',3,4,4',5,5'-heptachlorobiphenyl] PCB-189 [2,3,3',4,4',5,5' -heptachlorobiphenyl] Bis (tributyltin) oxide [TBTO, hexabutyldislannoxane] EPA 1694 Nee EPA 8321 EPA 1698 EPA 1613 EPA 537 EPA 1614 GCIMS GCIMS SM 6640 EPA 1668 EP A 8323 4 EXHIBIT A LAB SERVICES AGREEMENT Analysis of P3 List Compounds DEQ will approve a Quality Assurance Project Plan (QAPP) and a Sampling and Analysis Plan (SAP) for the sample collection and analysis prior to sample collection. The QAPP specifies the methods by which the samples will be collected, submitted, and analyzed; the specific quality assurance procedures including duplicate samples, field blanks, matrix spikes and other quality assurance samples that may be analyzed to validate and characterize data quality; the data quality objectives, and the procedures for data quality review. The target list for analytes and the proposed methods for analyses to be included in the QAPP is included below. Changes to the list may be made as a result of method validation results. The approved QAPP will include the final list of analytes and methods. DEQ will provide an Analysis Report to each permittee that: (1) reports concentrations of each P3-listed pollutant in their effluent sample; and (2) lists the trigger levei for each pOllutant These results will be uploaded into DEQ's Laboratory Analytical Storage and Retrieval (LASAR) database, which is available to the public. In the process of running the methods to analyze for the P3 pollutants, analytes routinely included in these methods analyses but not on the P3 List may be detected. DEQ will report any analytes detected above the laboratory's level of quantitation in a separate report. DEQ will review this information in a joint meeting with interested facilities and ACWA members in November 2010 prior to uploading the data into DEQ's LASAR database. DEQ will meet again with interested facilities and ACWA members in 2011 once the data are available following the winter sampling event The additional analytes may inciude a variety of parameters which mayor may not be relevant for the individual facilities. Parameters may include those for which the facility has existing permit effluent limits or for which the facility does not have permit limits but for whicl1there are water quality standards. Additional anaiytes may also include parameters for which there are not appiicable standards and for which the facility does not have effluent limits. Method EPA 1630 EP A 200.8 Diss EPA 200.8 Total EP A 8270 Aoalyte Methylmercury [1+ iool Arsenic r dissolvedl Cadmium Compounds fdissolvedl Lead Compounds fdissolved] Selenium Compounds hotall Prochloraz lED} Tris-(l,I-dimethylethyl}phenol, 2,4,6- fAlkofen B1 Benzotrichloride ftrichloromethylbenzenel Bifenthrin Deltamelhrin fdecamethrin] Hexabromocyclodecane fHBCDl Hexachlorophene Lambda-cyhalolhrin Myclobutanil Octachlorostyrene Pentachloroanisole f2,3,4,S,6-PentacWoroanisole 1 Chlordecone (Kepone 1 Heptachloronaphthalene Hexachloronaphthalene Pentachloronaphthalene Pentachloronitrobenzene Tetrachloronaphthalene Trichloronaphthalene Dicofol Pentachlorobenzene 1ndeno(I.2.3-cd}pyrene Anthracene Benz(a)anthracene Benzo(a)pyrene Benzo(b )fluoranthene Benzo(~,h,i)perylene Benzo(k)fluoranthene Chlorpyrifos (Lorsban, Dursban) Chrysene fbenzo(a)phenanthrene] Decafluorobiphenyl Diazinon Dibenz(a,h)anlhracene Endosulfan sulfate Esfenvalerate Fluoranthene fBenzo(j,k)fluorene1 Methylphenanlhrene, 1- Methylpyrene, 1- Oxyflnorfen Phenanthrene Pyrene Terphenyl, p- Trifluralin Chlordane, cis- 3 .Theodore R. Kulongoski. Governor Department of Environmental Quality Laboratory and Environmental Assessment Division 3150 NW 229th, Suite 150 Hillsboro, OR 97124 Voice & TIY (503) 693-5700 FAX (503) 693-4999 May 20,2010 Terry Ellis City of Ashland 900 N Mountain Ave Ashland, OR 97520 RE: Lab Services Agreement, Analysis ofP3 List Compounds Per your request, two copies of the revised Lab Services Agreement for the Analysis of P3 List Compounds are enclosed. This revised agreement removes the $300 charge per visit ($600 total) for methyl mercury sampling by DEQ. It is our understanding that the City of Medford will be assisting you with this sampling. Please discard the previous agreements. Sign both copies of the revised agreement and return one original copy to: Greg Pettit Department of Environmental Quality Laboratory and Environmental Assessment Division 3150NW229th, Suite 150 Hillsboro, OR 97124 If you have any questions or need additional information, please do not hesitate to contact me at 503-693- 5735 or via email atoillsburv.lori@.deo.state.or.us. Thank you. '-'1f1L' ~ Lori Pillsbury Point Source Projects Coordinator Oregon DEQ Laboratory