Common use of Governmental Monitoring Clause in Contracts

Governmental Monitoring. COUNTY intends to measure the concentrations of Landfill Gas on and around the Landfill to monitor for Landfill Gas emissions and Landfill Gas Migration for compliance with Applicable Law, including, but not limited to, air quality or other environmental regulations, such as Rule 1150.1 of the SCAQMD. COUNTY and ▇▇▇▇▇▇▇▇ POWER agree that they shall coordinate their efforts to maintain the Landfill in compliance with all Applicable Law, including but not limited to air quality or other Applicable Law concerning Landfill Gas. If the COUNTY, BOWERMAN POWER or a regulatory agency at any time determines that the emissions of Landfill Gas from the Landfill exceed permissible limits, COUNTY and ▇▇▇▇▇▇▇▇ POWER shall work together to determine the cause for such emissions. If the presence of excess concentrations of Landfill Gas are determined by COUNTY to be caused by surface fissures in the Landfill or other Landfill surface or subsurface irregularities, then COUNTY shall have the sole responsibility, at its expense, for the repair of such surface fissures or other Landfill surface or subsurface irregularities. If such excess concentrations of Landfill Gas are determined to be caused by the generation of Landfill Gas at the Landfill at a rate greater than the rate of collection by the Collection System operated by ▇▇▇▇▇▇▇▇ POWER, then COUNTY shall promptly notify ▇▇▇▇▇▇▇▇ POWER of its determination and provide ▇▇▇▇▇▇▇▇ POWER with the data in the possession of COUNTY supporting its determination of the cause of such excess concentration of Landfill Gas. Upon receipt of such notification and supporting data, ▇▇▇▇▇▇▇▇ POWER shall adjust the draw rate on the ▇▇▇▇▇ or other collection devices in the Collection System located nearest to the area or areas of excess concentration of Landfill Gas. COUNTY and ▇▇▇▇▇▇▇▇ POWER have set forth the preceding procedure to evidence the intent to cooperate with each other in an effort to maintain the compliance of the Landfill with applicable air quality and Landfill Gas emission, Migration regulations and other Applicable Law. The COUNTY and ▇▇▇▇▇▇▇▇ POWER further agree that compliance with Applicable Law is a material obligation of this Agreement.

Governmental Monitoring. COUNTY intends to measure the concentrations of Landfill Gas on and around the Landfill to monitor for Landfill Gas emissions and Landfill Gas Migration for compliance with Applicable Law, including, but not limited to, air quality or other environmental regulations, such as Rule 1150.1 of the SCAQMD. COUNTY and ▇▇▇▇▇▇▇▇ POWER agree that they shall coordinate their efforts to maintain the Landfill in compliance with all Applicable Law, including but not limited to air quality or other Applicable Law concerning Landfill Gas. If the COUNTY, BOWERMAN ▇▇▇▇▇▇▇▇ POWER or a regulatory agency at any time determines that the emissions of Landfill Gas from the Landfill exceed permissible limits, COUNTY and ▇▇▇▇▇▇▇▇ POWER shall work together to determine the cause for such emissions. If the presence of excess concentrations of Landfill Gas are determined by COUNTY to be caused by surface fissures in the Landfill or other Landfill surface or subsurface irregularities, then COUNTY shall have the sole responsibility, at its expense, for the repair of such surface fissures or other Landfill surface or subsurface irregularities. If such excess concentrations of Landfill Gas are determined to be caused by the generation of Landfill Gas at the Landfill at a rate greater than the rate of collection by the Collection System operated by ▇▇▇▇▇▇▇▇ POWER, then COUNTY shall promptly notify ▇▇▇▇▇▇▇▇ POWER of its determination and provide ▇▇▇▇▇▇▇▇ POWER with the data in the possession of COUNTY supporting its determination of the cause of such excess concentration of Landfill Gas. Upon receipt of such notification and supporting data, ▇▇▇▇▇▇▇▇ POWER shall adjust the draw rate on the ▇▇▇▇▇ or other collection devices in the Collection System located nearest to the area or areas of excess concentration of Landfill Gas. COUNTY and ▇▇▇▇▇▇▇▇ POWER have set forth the preceding procedure to evidence the intent to cooperate with each other in an effort to maintain the compliance of the Landfill with applicable air quality and Landfill Gas emission, Migration regulations and other Applicable Law. The COUNTY and ▇▇▇▇▇▇▇▇ POWER further agree that compliance with Applicable Law is a material obligation of this Agreement.