Negotiating a Wastewater Control Contract
WILLIAM K. BENNETT, Attorney-At-Law
Lafayette, Indiana
INTRODUCTION
This report is intended to furnish a relatively comprehensive checklist, set of
guidelines, and general hints for representatives of a municipality in negotiating a
wastewater control contract with an industry. It goes without saying that the variety
of industries and the variety of problems which might become involved in such
negotiations are so varied and complex that this report could not possibly be
expected to serve as a substitute for competent consultants from the beginning of the
negotiations.
WHO SHOULD BE INVOLVED?
If the municipality is to be adequately represented during the negotiations and
if the ultimate contract is to be reasonably fair and adequate from the viewpoint of
the municipality, the assistance and guidance of capable and experienced consultants
during all stages of the negotiations is essential. These consultants should include at
least the following: Sanitary Engineer, Accountant, Lawyer and other specific
specialties, as might be suggested for a particular industry with special problems, e.g.,
radioactive wastes.
,In most states, the municipal representatives should keep in mind that approval
of the final contract by the legislative body of the municipality will be required. It
would therefore seem to be practical and "good politics" to have the representatives
of that legislative body present or informed during all stages of the negotiations.
PROBLEMS TO KEEP CONSCIOUSLY IN MIND
The representatives of the municipality leading the negotiations should keep
consciously in mind a variety of problems which could in the future cause the
municipality difficulty in handling the wastewater of the industry, furnishing the
service required and administering the contract as finally negotiated. Some of the
more commonly encountered problems include: 1) the possibility of physical damage
to the municipality's sewers or equipment, including damage from excessive
temperatures, chemical substances in the wastewaters, presence of abrasives and
similar problems; 2) problems in treating the wastewater, such as are presented by
the presence of untreatable substances, petroleum products, poisons, substantial
quantities of BOD and excessively high or low pH chemicals; 3) problems involving
disposal of solids, including the possibility of obstruction of the physical plant and
the practical and mechanical problems of handling and disposing of solids; 4)
difficulties in metering or measuring many types of industrial wastewaters; 5) the
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