Sample Separation Agreement Clause Canada - Excel - Excel

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					              Affected                                                                                                              Contractual
 Category                   Issue                            Description                                   Mitigation
                Party                                                                                                               Mechanism
                                            Regulatory Services should stay with SYSCO
                                         because: In addition to their main work, they provide
                                              services to Drainage Planning, Drainage
                                             Operations, Waste Management, ACRWC,
                                            Strathcona County, Alberta Environment and
                                                                                                 Move Regulatory Services to
           SYSCO and        Bylaw          Environment Canada; they enforce 2 municipal
Governance                                                                                       another section of Drainage         Separation
            TREATCO      Enforcement            bylaws on public and private property;
                                                                                                          Services.
                                         independence from influence from groups that may
                                         cause discharges is important; industry data should
                                             not be available to EPCOR; they enforce 2
                                            municipal bylaws & bylaw enforcement is best
                                               handled by the City (2005 Law opinion).
                                                                                                  Identified capital funding of
                                           Renovations are needed to properly house the
           SYSCO and       Capital                                                                  $1.5M should follow the
Governance                                  Regulatory Services Group at the 'Eastgate'                                              Separation
            TREATCO      Investment                                                              Regulatory Services group for
                                                             buiilding.
                                                                                                      building reovations
                                              Regulatory Services should stay with a non-
                                                                                                 Move Regulatory Services to
                                              operational arm of SYSCO to ensure bylaw
           SYSCO and        Bylaw                                                                Drainage Planning, so it is not
Governance                                  enforcement and investigation activities are not                                        Operational
            TREATCO      Enforcement                                                              in an area involved in facility
                                             influenced by areas that could be subject to
                                                                                                    operation or construction..
                                                             investigation.
                                            Regulatory Services should stay with Drainage        Move Regulatory Services to
           SYSCO and        Bylaw           Services and not go to other bylaw areas. The        Drainage Planning, so it is not
Governance                                                                                                                           Separation
            TREATCO      Enforcement     functions are very complex and specific, and require     in an area involved in facility
                                                           higher education.                        operation or construction..
                                              Regulatory Services investigates problem
                                          discharges (e.g. french fries, hydrocarbon, etc.) at
             SYSCO and    Discharge                                                                Decide on criteria for who
Governance                                 the request of the plant (both GBWWPT and the                                              Service
              TREATCO    Investigation                                                                    would pay.
                                           Alberta Capital Region Wastewater Commission
                                           plant). Who should pay for these investigations?
                          Regulatory     Regulatory Services operating costs are inter-woven Carefully analyse Regulatory
           SYSCO and       Services       with the rest of the treatment operation. Sample       Services operations to
Governance                                                                                                                    Separation
            TREATCO       Operating       analysis, discharge investigation work, are a few  determine what budget should
                            Costs                              examples.                      go to TREATCO and SYSCO

                                          Regulatory Services investigates private company
                                         discharges; industry data should not be available to
                          Inspection                                                            Move Regulatory Services to
             SYSCO and                      EPCOR; Data in LIMS system should be held
Governance                   Data                                                               another section of Drainage   Separation
              TREATCO                     separate from EPCOR, and data should possibly
                         Confidentiality                                                                 Services.
                                          stay with the City. Continued access to historical
                                             data is importantfor enforcement purposes.


                                           Regulatory Services work on Bylaw creation &
                           Proactive
           SYSCO and                     updating, Dental Amalgum, Fats, Oils and Grease           Continue Education &
Governance               Enforcement                                                                                          Operational
            TREATCO                      (FOG) protects the system and the plant and must              Enforcement
                         and Education
                                                             continue.
                                 Attachment 3: EPCOR-GBWWTP Review: Non-financial Considerations

The following issues were raised during Focus Group Discussions and via other communications with COE staff.

TREATCO refers to the wastewater treatment entity that would be transferred to EPCOR.
SYSCO refers to the system (pipes, pump stations, ponds and outfalls) that remain at the City.


                      Affected
 No     Category                       Issue                                          Description
                        Party

CE 1 Centre of      Centre of     Center of        What is EPCOR's commitment to the Centre of Excellence programs and
     Excellence     Excellence    Excellence       business plan? Operator training, level of research, technology development,
                                  Programs         capacity and reputation, staff expertise, independence, revenue generation,
                                                   sales and marketing, client services.
CE 2 Centre of      Centre of     Support for      The Centre of Excellence is supported by the provision of some WWTP staff as
     Excellence     Excellence    Centre of        well as project and corporate funding and by free access to the building at the
                                  Excellence       plant; the Centre needs this commitment continued.
CI 1   Citizen      GBWWTP        Community        How will community concerns and services be addressed, both at Gold Bar and
       Impacts                    Concerns         at Cloverbar (e.g. odour control systems and complaints, plant tours)?

CU 1 Customer       Sanitary      Utility Rates    What will the impact be on sanitary sewer rates? Customers could sense two
     Impacts        Sewer Rate                     utilities for wastewater services (the sewerage system and treatment plant); they
                    Payers                         may feel they are double paying.
CU 2 Customer       Alberta       Master           Master Agreement treatment rates are set based on Cost of Service Studies -
     Impacts        Capital       Agreement -      need a parallel process for EPCOR charges.
                    Region        Rates
                    Wastewater
                    Commission
CU 3 Customer       Alberta       Master         ACRWC is working towards having bylaws and enforcement consistent with
     Impacts        Capital       Agreement -    Edmonton (may even contract to City for service delivery).
                    Region        Source Control
                    Wastewater
                    Commission
CU 4 Customer       SYSCO and     Source           What will the mandate be for the source control program? Protection of collection
     Impacts        TREATCO       Control          system or TREATCO, or both? How does environmental protection and safety of
                                  Program          workers and citizens figure into this?




                                                             Page 3 of 11
                          Attachment 3: EPCOR-GBWWTP Review: Non-financial Considerations

CU 5 Customer   GBWWTP,       Odour          How will odour complaints be handled? Currently 311 operators take the call,
     Impacts    Drainage      Complaints     enter notifications in SAP and direct the information to Drainage Operations.
                Operations,                  GBWWTP and WM have a contractor that investigates complaints that could be
                Waste                        associated with their facilities.
                Management
                Branch
CU6 Customer    AM&PW,        Reclaimed      Parks and GBWWTP are planning a joint-use facility to allow a mid-point
    Impacts     Parks         Water and      entrance to the Plant. Parks needs a trail easement and also access to
                              Maintenance    Reclaimed Water as discussed in 2005.
                              Building
E1   Employee   GBWWTP        Compensation   Staff are concerned about rate of pay, hours of work, losing EDOs, vacation
     Concerns   staff (CSU    and Benefits   accrual rates, seniority, etc. In addition, staff are concerned with: where they
                52, CUPE                     would be asked to work (in Edmonton or somewhere else); portability of
                30, IBEW                     competency, trades and skills throughout the EPCOR organization, labour
                1007,                        pooling, the Drug and Alcohol Policy.
                Management
                )
E2   Employee   Laboratory    Lab            Will the management of the water and wastewater laboratories be kept separate
     Concerns   Staff (CSU    Management     or will they be merged? Will staff have opportunities to transfer to other labs,
                52)                          under what conditions?
E3   Employee   GBWWTP        Training       What are the staff training opportunities and will current initiatives, such as
     Concerns   staff (CSU                   apprenticeship, continue to be supported? What does EPCOR do to promote
                52, CUPE                     professional development and support lifelong learning?
                30, IBEW
                1007,
                Management
                )
E4   Employee   CSU 52 and    Engineering    Will internal engineering services continue to be developed? Will GBWWTP
     Concerns   Management    Services       Engineering Services be used outside of Edmonton? How does GBWWTP
                              Activities     Engineering Services integrate with EPCOR's engineering services?
E5   Employee   GBWWTP        Shared         There are shared services positions that are embedded at Gold Bar. Will these
     Concerns   staff (CSU    Services       positions transfer to EPCOR. 1 - OH&S Consultant; 2 - Finance staff; 2 -
                52, CUPE      embedded       Materials Management staff; 6 custodial workers under contract directly with Gold
                30, IBEW      employees      Bar.
                1007,
                Management
                )


                                                        Page 4 of 11
                            Attachment 3: EPCOR-GBWWTP Review: Non-financial Considerations

E6   Employee     GBWWTP       Transfer of   The transfer of personnel records (payroll, training, medical, etc.) will need to be
     Concerns     staff (CSU   Personnel     worked out.
                  52, CUPE     records
                  30, IBEW
                  1007,
                  Management
                  )
G1   Governance   Alberta      Biosolids     Biosolids Agreement will expire in 2010; there are new technologies being piloted
                  Capital      Agreement     and some undefined capital costs could be required in the future.
                  Region       with ACRWC
                  Wastewater
                  Commission
G2   Governance   TREATCO,     Biosolids     Who will own the biosolids stored at Cloverbar? Who has the liability of stored
                  Waste        Inventory     biosolids?
                  Management
                  Branch,
                  ACRWC
G3   Governance   TREATCO,     Nutri-Gold    Who will manage the Nutri-Gold program. Currently WM does this utilizing a
                  Waste        Biosolids     contractor. Drainage pays for the service. Plant operations performs the loading
                  Management   Program       operation; laboratory does analysis. Gold Bar reports to NPRI while contractor
                  Branch,                    reports to AENV to fulfill permit requirements.
                  ACRWC
G4   Governance   Alberta      Regional      City, ACRWC and EPCOR need freedom to develop most cost-effective
                  Capital      Planning      wastewater systems; impacts on trunk construction, contributing areas and rates.
                  Region
                  Wastewater
                  Commission
G5   Governance   SYSCO and    Combined      How will CSO flows be controlled and by whom? There are system design issues
                  TREATCO      Sewer         that need to be addressed. Will joint planning between SYSCO and TREATCO
                               Overflow      be used for this? There will be an increase in solids loading once CSO's are
                               (CSO) Flow    directed to GBWWTP after new digesters are built.
                               Control
G6   Governance SYSCO and      Wastewater    How does TREATCO get assurance that the wastewater it receives is treatable,
                TREATCO        Flows and     won't damage assets or compromise management programs e.g. biosolids?
                               Quality       Does TREATCO have a say in how wastewater volumes are managed? Is the
                                             principle of 'treat all wastewater received to the highest possible standard' to be
                                             maintained?


                                                        Page 5 of 11
                            Attachment 3: EPCOR-GBWWTP Review: Non-financial Considerations

G7   Governance Water         Role of City    Clarify with WMF that there is a perceived conflict or a change in membership
                Management    and EPCOR       required. How will moving to EPCOR effect our relationship with SIA and other
                Framework     with WMF        airshed groups we are involved with? Who speaks for the City on these forums?
                (WMF),
                Strathcona
                Industrial
                Association
                (SIA)
G8   Governance SYSCO,        Wastewater      What are the mechanisms for future contractual agreements between SYSCO
                TREATCO,      Treatment       and TREATCO? There is a need to provide basis for treating and charging for
                ACRWC         Services and    wet weather flows and for guaranteeing treatment of all wastewater received at
                              Rates           Gold Bar.
G9   Governance SYSCO and     Cost of         There are several different levels of treatment available at different costs. How
                TREATCO       Treatment       will the level of treatment for the delivered wastewater be determined? What will
                                              the costs be for CSO treatment (e.g. EPT costs less than full treatment)?

G 10 Governance SYSCO and     Capital         How will shared (SYSCO/TREATCO) investments be managed? What about
                TREATCO       Investment      regulatory driven investments? Who owns what and who maintains what in these
                                              circumstances? How is asset value maintained?
G 11 Governance SYSCO and     Capital         How will the capital program be managed? What will the priorities be? How will
                TREATCO       Program         service level needs be connected to capital works? How will engineering
                              Management      planning be involved with SYSCO? Who will determine needs and funding?
G 12 Governance TREATCO       CBBRF           The area immediately south of the lagoons was conceptually allocated for four
                and Waste     Facility Plan   future planned Capital works: Sanitary Grit Dumping Facilities, Struvite Recovery
                Management                    Facilities, Biosolids Testing Facilities and Maintenance Building
                Branch
G 13 Governance GBWWTP     Management         Will we be able to maintain our EnviroVista Leader status with AENV? What
                           Systems (e.g.      about our ISO 14001? What about the safety system? What about our ISO
                           EnviroVista        17025? Will National Benchmarking be supported? What are the implications if
                           and ISO)           any of these systems are not maintained?
G 14 Governance SYSCO and     Approval to     How will the Approval to Operate be managed? Will there be one approval or
                TREATCO       Operate         two? Who will have the approval? If SYSCO has the approval how can Gold Bar
                and AENV                      influence its renewals and amendments? Can TREATCO be contracted to
                                              provide approval requirement based service levels?




                                                        Page 6 of 11
                            Attachment 3: EPCOR-GBWWTP Review: Non-financial Considerations

G 15 Governance Drainage    Total Loading      Annual reporting includes plant and system components – will one report or two
                Planning &  Reporting          be submitted? Who will do it?
                Alberta
                Environment
G 16 Governance GBWWTP      Legal              How are release reports managed within EPCOR? Who does what? How are the
                            Obligations for    written reports managed? Who is responsible for spills into the collection
                            Release            system? What are the legal implications?
                            Reporting
G 17 Governance SYSCO and Third Party          What is the effect on the current legal agreements with other parties?
                TREATCO     Agreements         PetroCanada and Strathcona County (reused water), Mechtronix (biosolids
                                               drying demonstration plant), Cloverbar Transfer Station (Strathcona County),
                                               SIA, SWAP and Biosolids agreements (ACRWC).
G 18 Governance SYSCO and     Land             What land assets at the Gold Bar site will be transferred? How will the 'land
                TREATCO       Ownership        swap' with Parks to facilitate the mid-point entrance / off site parking work?


G 19 Governance SYSCO,     Bremner -           Will the Bremner lands be transferred to EPCOR? If so how does this impact the
                TREATCO, Land                  development of the Bremner lands. Does the ACRWC have a role as
                and ACRWC Ownership            stakeholder?
                           and Control
G 20 Governance TREATCO    Cloverbar           Land title for Cloverbar includes areas directly south of the lagoons. Currently
                and Waste  Land Transfer       Waste Management uses the area for dirt stockpiles and possibly some compost
                Management                     storage.
                Branch
G 21 Governance GBWWTP     Knowledge           How do we continue to deliver capital projects with a strong focus on knowledge
                           Transfer            transfer / strong commissioning / QA/QC. If GBWWTP goes to EPCOR this
                                               development needs to continue or, if EPCOR is more advanced in these
                                               processes, we need to tie into their systems.
G 22 Governance TREATCO       Integrated       Groundwater quality may be a potential environmental liability. Who will be
                and Waste     Groundwater      responsible for maintaining and reporting of the integrated groundwater
                Management    Monitoring       monitoring system? Cost sharing will need to be determined.
                Branch
G 23 Governance Drainage      River            The Environmental Monitoring Program contains a river component that
                Planning &    Monitoring for   examines impacts from both the storm sewer discharges, CSOs and the plant
                Alberta       Water Quality    discharges and is used for Approval to Operate reporting. How will costs for this
                Environment                    program be split?




                                                          Page 7 of 11
                            Attachment 3: EPCOR-GBWWTP Review: Non-financial Considerations

G 24 Governance SYSCO and    Bylaw           Regulatory Services should stay with SYSCO because: In addition to
                TREATCO      Enforcement     Wastewater Treatment, they provide services to Drainage Planning, Drainage
                                             Operations, Waste Management, ACRWC, Strathcona County, AENV and
                                             Environment Canada; they enforce 2 municipal bylaws on public and private
                                             property; independence from groups that may cause discharges is important;
                                             industry data should not be available to EPCOR; bylaw enforcement is best
                                             handled by the City (2005 Law opinion). The transfer should not fragment bylaw
                                             enforcement between EPCOR and City (e.g. splitting surcharge and other
                                             activities).
G 25 Governance SYSCO and    Capital         Renovations are needed to properly house the Regulatory Services Group at the
                TREATCO      Investment      'Eastgate' building.
G 26 Governance SYSCO and    Bylaw           Regulatory Services should stay with a non-operational arm of SYSCO to ensure
                TREATCO      Enforcement     bylaw enforcement and investigation activities are not influenced by areas that
                                             could be subject to investigation. There are potential synergies in working more
                                             closely with Drainage Planning (Environmental Monitoring and Public Services).

G 27 Governance SYSCO and    Bylaw           Regulatory Services should stay with Drainage Services and not go to other
                TREATCO      Enforcement     bylaw areas. The functions are very complex and specific, and require higher
                                             education.
G 28 Governance SYSCO and    Discharge       Regulatory Services investigates problem discharges (e.g. french fries,
                TREATCO      Investigation   hydrocarbon, etc.) at the request of the plant (both GBWWTP and the Alberta
                                             Capital Region Wastewater Commission plant). Who should pay for these
                                             investigations?
G 29 Governance SYSCO and    Regulatory      Regulatory Services operating costs are inter-woven with the rest of the
                TREATCO      Services        treatment operation. Sample analysis, discharge investigation work, are a few
                             Operating       examples.
                             Costs
G 30 Governance SYSCO and    Inspection      Regulatory Services investigates private company discharges; industry data
                TREATCO      Data            should not be available to EPCOR; Data in LIMS system should be held separate
                             Confidentiality from EPCOR, and data should possibly stay with the City. Continued access to
                                             historical data is important for enforcement purposes.
G 31 Governance SYSCO and    Proactive     Regulatory Services work on Bylaw creation & updating, Dental Amalgam, Fats,
                TREATCO      Enforcement   Oils and Grease (FOG) protects the system and the plant and must continue.
                             and Education




                                                       Page 8 of 11
                              Attachment 3: EPCOR-GBWWTP Review: Non-financial Considerations

O1   Operational GBWWTP        Plant Lab       Will maintaining equipment/asset value be compromised for increased
     Issues      Laboratory    Analysis        production? How will lab costs be determined and what impacts will these costs
                                               on have on plant operations, with Regulatory Services, other sections of
                                               Drainage Services? Will plant operational analysis be limited for the purpose of
                                               generating more external revenue?
O2   Operational GBWWTP        IT              Will the Laboratory Information Management System (LIMS) need change? If so
     Issues      Laboratory                    how will it be integrated into the plant's process control system?
O3   Operational GBWWTP        IT            What are the new technology tools that will be used? How are they going to be
     Issues      Technical                   integrated with the current system? What about upgrading of older systems
                 Services                    throughout the plant? How can the SAP FL structure be maintained? How do we
                                             move from SAP-PM to EPCOR's maintenance system? What are the
                                             opportunities to create a more robust maintenance management system?
O4   Operational GBWWTP        Maintenance   How will maintenance standards be reconciled against service level? Need
     Issues                    Standards     acceptable level of Preventive Maintenance (PM) to maintain Environmental
                                             Excellence.
O5   Operational GBWWTP        Materials     How are contractors managed and what would happen to existing contractor
     Issues                    Management obligations? What are the EPCOR requirements for Vendor selection? What is
                                             EPCOR's purchasing system and stores management system?
O6   Operational GBWWTP        Support for   Will plant operations continue to receive the current level of support from the
     Issues      Operations    Plant         other units of Gold Bar? Will these support services be directed to other areas for
                               Operations    money generating purposes or be reduced to save money?
O7   Operational GBWWTP        Environmental How will plant operational needs be managed against service level and
     Issues      Operations    Stewardship   regulatory obligations? Will process be sacrificed for $$ concerns? How will the
                                             current best possible treatment philosophy be maintained? How will the
                                             principles of Best Available Technology Economically Achievable (BATEA) be
                                             maintained and measured against profitability? What level of risk and innovation
                                             will there be?
O8   Operational GBWWTP        Project       How will project commissioning be done? Are there opportunities for
     Issues      Operations    Commissioning improvement from EPCOR?

O9   Operational GBWWTP        Plant Safety    Will there be new safety standards? If so, better or worse? What is the fate of the
     Issues                    and Security    Joint Worksite Safety and Health Committee (JWSHC), the Environmental and
                                               special projects team? What will be the security systems that will be used?

O 10 Operational GBWWTP        Satellite       Can or will EPCOR's WWTPs be monitored from Gold Bar? How will these
     Issues      Operations    WWTP's          satellite plants be managed: by Gold Bar operations staff?



                                                          Page 9 of 11
                              Attachment 3: EPCOR-GBWWTP Review: Non-financial Considerations

O 11 Operational SYSCO and     North East      Who will control the NE diversion channel? Currently GBWWTP operators
     Issues      TREATCO       Diversion       control the valves and adjust the flows.
                               Operations
O 12 Operational SYSCO and     Early Warning   How will the early warning system be managed? This system is being put in
     Issues      TREATCO       System          place to provide plant operators predicted increases in flow information and allow
                                               for enough lead time to make any necessary adjustments to the treatment
                                               process. SCADA information is displayed at Gold Bar.
O 13 Operational Waste       Clover Bar -      WM needs access to Clover Bar site for various activities; TREATCO needs
     Issues      Management Asset              access and operational control of the Clover Bar Lagoon facilities. WM owns
                 (WM) Branch Ownership         road access and TREATCO will need access to Clover Bar Biosolids Recycling
                             and Control       Facility (CBBRF). ACRWC sludge trucks need access. SYSCO needs access to
                                               Clover Bar site for management of solids residuals from the collection system.

O 14 Operational TREATCO       Biosolids and   Access, operation, and maintenance of the underground/pump house piping
     Issues      and Waste     Supernatant     shared for transport of composter centrate, sludge to composter, and digested
                 Management    Equipment       sludge needs to be determined. Leachate Plant treated effluent discharges into
                 Branch                        the supernatant pump house.
O 15 Operational TREATCO       Struvite        The demonstration reactor is on WM property and requires access to the
     Issues      and Waste     Recovery        Leachate Plant during operation. It uses Leachate Plant utilities (power, natural
                 Management                    gas, potable water). The testing agreement with Ostara (2006 between Drainage
                 Branch                        Services and Ostara) includes a clause to purchase future reactors at a capped
                                               price of $500,000. The estimated cost of a reactor system is significantly higher.

O 16 Operational Drainage      Monitoring for Master Agreement billing depends on supernatant flow measurement from the
     Issues      Planning,     billing and    plant, 34th street flow measurement needs to be re-established to check on
                 ACRWC,        system         Strathcona County flows. This data will need to continue to be shared.
                 Strathcona    understanding
                 County
O 17 Operational SYSCO,        Funding for     North Saskatchewan Watershed Alliance (NSWA) support provided by Drainage
     Issues      TREATCO,      NSWA            Planning for the whole branch. Will plant assume its share of the cost?
                 NSWA
O 18 Operational SYSCO,        Transfer of     Corporate Services owned assets wiIl need to be transferred. e.g.: IT/Telecom;
     Issues      TREATCO       Corporate       Materials Management inventory (~$600K); fleet vehicles.
                 and           Services
                 Corporate     Assets
                 Services



                                                         Page 10 of 11
                            Attachment 3: EPCOR-GBWWTP Review: Non-financial Considerations

O 19 Operational TREATCO        Transfer of    The transfer of data and information located in COE systems needs to be
     Issues      and            Corporate data transferred e.g. financial records (SAP), maintenance information (SAP), project
                 Corporate                     information (SAP), etc.
                 Services
O 20 Operational Drainage       UIS cost issue Current payments to EPCOR for billing customers using the UIS system will need
     Issues      Services and                  to be adjusted.
                 EPCOR
S 1 Stakeholder Urban           Support for     In 2005, the development industry was uncomfortable with EPCOR managing the
     Impacts     Development    Development     Sanitary Servicing Strategy Fund (SSSF) and the Permanent Area Contribution
                  Industry                      (PAC) system.
                 (UDI)
W 1 Waste        TREATCO,       Biosolids       There is a need to increase biosolids processing capacity. How will this be done
     Managemen Waste            Management      in partnership with WM and ACRWC? Waste Management business plan for the
     t Impacts   Management     Plan            co-composter requires ongoing supply of biosolids from TREATCO.
                 Branch and
                 ACRWC
W 2 Waste        TREATCO,       Future Waste    Future processes to be addressed in building biosolids management capacity:
     Managemen Waste            Utilization     struvite processing, Mechtronix sludge drying, co-digestion, FOG processing,
     t Impacts   Management     Initiatives     wet/dry processing, willow biomass.
                 Branch and
                 ACRWC




                                                          Page 11 of 11

				
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