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07-23-2002 Odor AgreementAGREEMENT BETWEEN THE TOWN OF AVON, COLORADO AND EAGLE RIVER WATER & SANITATION DISTRICT IN CONJUNCTION WITH ODOR CONTROL WITHIN THE AVON TOWN LIMITS THIS INTERGOVERNMENTAL AGREEMENT, made and entered into this Off"ft of e own of Avon, Colorado through its Town — day luij– 2002, by and between The T Council and Eagle River Water & Sanitation District by and through its Board of Directors. RECITALS WHEREAS, The Town of Avon desires a pleasant and odor free environment for all its residents and visitors; and WHEREAS, Eagle River Water & Sanitation District owns and operates the Avon Wastewater Treatment Plant for the protection of the health and safety and for the common good of residents and visitors in and around the Town of Avon; and WHEREAS, Eagle River Water & Sanitation District desires to Operate the Avon Wastewater Treatment Plant in an efficient and odor free condition; and WHEREAS, Eagle River Water & Sanitation District seeks a cooperative working relationship with the Town of Avon staff and elected officials; and NOW, THEREFORE, in consideration of the mutual cooperation and promises of the parties hereto, the District and the Town agree as follows: 1. Duties of the District 1.1 The District agrees to operate the Avon Wastewater Treatment plant in an efficient and odor free manner. 1.2 The District agrees to Provide appropriate operational and capital funds to ensure the efficient and odor free operations Of the Avon Wastewater Treatment Plant. 1.3 The District agrees to notify the appropriate Town officials when they anticipate that Upcoming actions could cause an odor excursion. In this event, the District needs to explain all steps that they will take to minimize, the odor excursion. 1.4 The District agrees to assist the appropriate Town officials in the investigation of complaints of odors within the Town limits. 1.5 The District agrees to provide the Town with a written explanation of the cause of odor releases offsite the WWTp and within the Town limits within 72 hours ' of the excursion. The District agrees to take all appropriate actions to prevent a re-occurrence of the "cause') of this offsite odor release. The District further agrees to meet with a town representative(s) to further discuss the causes and corrective actions if asked. 2. Duties of the Town 2.1 The Town agrees to notify the District as soon as possible of any odor complaints received within the Town limits. 2.2 The Town agrees to respond with any concerns or requests to the prior notification of actions that could cause offsite odors as mentioned in par. 1.3. 2.3 The Town agrees to assist the appropriate District officials in the investigation of complaints of odors within the Town limits. 2.4 The Town agrees to notify the Avon Wastewater Treatment Plant personnel of any special events scheduled to occur within 2,500 feet of the treatment plant property line. 2.5 The Town agrees to establish a line of exclusion for complaints arising from within 75 feet of the Wastewater Treatment plant fence line. 3. Joint Actions 3.1 The Town and the District agree to release joint statements to the public and Press concerning the cause and resolution of any offsite odor excursions. (it should be noted that both the Town and the District have open meetings where the press might be present when odor issues are discussed) 3.1 Each party agrees to review this agreement every 12 months for purposes of renewal. 3.3 Either party may terminate this agreement for cause with 30 days notice. TOWN OF AVON '0 11 OF 4 Ju oder, a EAGLE RIVER WATER AND SANITATION DISTRICT Frederick P. Sackbauer, IV, Board .President