Common use of Inflow and Infiltration Clause in Contracts

Inflow and Infiltration. The Company acknowledges and agrees that the Village has entered into the KLWTD Agreement for the treatment and disposal of the Village’s wastewater, which Agreement contains certain standards and requirements for all Influent entering the Wastewater Facilities and the KLWTD System. The Company further acknowledges and agrees that the infiltration of material amounts of fresh or saltwater into the Wastewater Facilities and the KLWTD System may cause the capacity of the KLWTD Wastewater Treatment Plant to treat Wastewater to be diminished and may adversely impact KLWTD’s ability to treat and dispose of Wastewater. The Company shall monitor and record the salinity level in the Wastewater Facilities, and investigate and identify the cause of increased salinity levels in the Wastewater Facilities regardless if they are originating from the Wastewater Facilities or from Customers. The Company acknowledges and agrees that at the Point of Connection to the KLWTD’s Wastewater Treatment Plant, salinity levels shall not exceed the local limit established for salinity in the KLWTD Agreement and Policies and this Agreement, unless such salinity levels are due to Uncontrollable Circumstances or influent originating from customers.. In the event the Village’s Wastewater salinity levels exceed 4.0 parts per thousand at any time during the day to be measured at a point just upstream of the Point of Connection prior to discharge into the Wastewater Facilities or the KLWTD System or thirty (30) days in any given rolling consecutive twelve (12) month time period, the Company shall take all remedial and curative actions prudent or required and pay the Salinity Surcharge imposed by KLWTD, all as set forth in the KLWTD Agreement; provided, however, the Village shall pay for such remedial and curative actions if the exceedance is caused by Uncontrollable Circumstances or influent originating from customers. In addition, in the event that the Village’s Wastewater salinity levels exceed 3.0 parts per thousand for more than one hundred twenty (120) days during any rolling twelve (12) consecutive month period, the Village shall give thirty (30) days written notice to the Company to discontinue such harmful operation and take all remedial and curative action as may be prudent or required by the KLWTD Agreement; provided, however, the Village shall pay for such remedial and curative actions if the exceedance is caused by Uncontrollable Circumstances or influent originating from customers.. In the event that the Company fails to reduce the salinity levels to below 3.0 parts per thousand after the one hundred twenty (120) day time period, the Village may take such actions as necessary, at the Company’s expense, to reduce salinity levels of the Village’s flows within its Wastewater Facilities; provided, however, the Village shall pay for such expenses if the exceedance is caused by Uncontrollable Circumstances or influent originating from customers.. The Company shall provide and install appropriate sampling locations for KLWTD to sample the Village’s Wastewater to verify the Village’s compliance with the salinity levels set forth in the KLWTD Agreement and this Agreement. The Company further agrees to keep the Wastewater Facilities in such repair or condition so that material infiltration and inflow will be controlled, and meet or exceed the requirements of the KLWTD Agreement; provided, however, the Village shall pay for such remedial and curative actions if the exceedance is caused by Uncontrollable Circumstances or influent originating from customers.. The Company shall identify and address excess inflow and infiltration in its general maintenance, operation, and management program for the Wastewater Facilities.

Inflow and Infiltration. 7.21.1 The Company acknowledges and agrees that the Village has entered into the KLWTD Agreement for the treatment and disposal of the Village’s wastewater, which Agreement contains certain standards and requirements for all Influent entering the Wastewater Facilities and the KLWTD System. The Company further acknowledges and agrees that the infiltration of material amounts of fresh or saltwater into the Wastewater Facilities and the KLWTD System may cause the capacity of the KLWTD Wastewater Treatment Plant to treat Wastewater to be diminished and may adversely impact KLWTD’s ability to treat and dispose of Wastewater. . 7.21.2 The Company shall monitor and record the Influent salinity level in the Wastewater FacilitiesFacilities in accordance with the guidelines of Appendix 9, The Company shall provide and investigate and identify install appropriate sampling locations for KLWTD to sample the cause of increased Village’s Wastewater to verify the Village’s compliance with the salinity levels in the Wastewater Facilities regardless if they are originating from the Wastewater Facilities or from Customers. The Company acknowledges and agrees that at the Point of Connection to the KLWTD’s Wastewater Treatment Plant, salinity levels shall not exceed the local limit established for salinity set forth in the KLWTD Agreement and Policies and this Agreement. 7.21.3 As stated elsewhere in the Agreement, unless the Company agrees to keep the Wastewater Facilities in such repair or condition so that material infiltration and inflow will be controlled. The Company is not responsible for infiltration and inflow and salinity levels are due to caused by Uncontrollable Circumstances or influent originating Non-Specification Influent entering the Wastewater Facilities from customers.. In the event the Village’s Wastewater salinity levels exceed 4.0 Customers or Customer sites. 7.21.4 It is not abnormal to have readings over 1.0 parts per thousand (ppt) during high tide. When salinity reaches 2.0 ppt, the Company will monitor the Collection System for possible salinity sources. The Company will check salinities at any time during the day vacuum pump stations and lift stations to be measured at a point just upstream determine the general area of the Point problem. From there, the Company will check each of Connection prior to discharge into the branches until the source of the salinity infiltration is found. When the source of the salinity infiltration is located within the Wastewater Facilities Facilities, the Company will correct the problem through Maintenance and Repair. If the source of the salinity is coming from Customers or Customer sites or otherwise constitutes an Uncontrollable Circumstance, the KLWTD System or Company will notify the Village and the Village will require the Customer(s) to immediately correct the salinity infiltration and/or the Village and the Company will together decide how the Uncontrollable Circumstances will be addressed by the parties under this Agreement. 7.21.5 The Company is allowed up to thirty (30) days of salinity in any given excess of 4 parts per thousand in a rolling consecutive twelve 12-month period for Influent prior to application of surcharges by the KLWTD. The Company shall be liable to the Village for such surcharges if the thirty (30) days of salinity in excess of 4 parts per thousand in a rolling 12) -month time period, period is predominantly caused by the Collection System designed and constructed by the Company shall take all remedial hereunder and curative actions prudent is not caused substantially in whole or required and pay the Salinity Surcharge imposed in part by KLWTD, all as set forth in the KLWTD Agreement; provided, however, the Village shall pay for such remedial and curative actions if the exceedance is caused by Customers or Customer sites and/or Uncontrollable Circumstances or influent originating from customers. Circumstances. 7.21.6 In addition, in the event that the Village’s Wastewater salinity levels exceed 3.0 parts per thousand for more than one hundred twenty (120) days during any rolling twelve (12) consecutive month period, the Village Company shall give thirty (30) days written notice be liable to the Company to discontinue such harmful operation and take all remedial and curative action as may be prudent or required Village for any resulting surcharges assessed by KLWTD if the excess salinity is predominantly caused by the KLWTD Agreement; provided, however, Collection System designed and constructed by the Village Company hereunder and is not substantially caused in whole or in part by Customers or Customer sites and/or Uncontrollable Circumstances. In no event shall pay the Company be charged for such remedial and curative actions if a surcharge for a day or days on which the exceedance source of the excess salinity is caused in whole or in part by Customers or Customer sites and/or Uncontrollable Circumstances or influent originating from customers.. Circumstances. 7.21.7 In the event that salinity levels exceed 3.0 parts per thousand for more than one hundred twenty (120) days during any rolling twelve (12) consecutive month period and the excess salinity is predominantly caused by the Collection System designed and constructed by the Company hereunder and is not caused substantially in whole or in part by Customers or Customer sites and/or Uncontrollable Circumstances, and the Company fails to reduce the salinity levels to below 3.0 parts per thousand after the one hundred twenty (120) day time period, the Village may take such actions as necessary, at the Company’s expense, to reduce salinity levels of the Village’s flows within its Wastewater Facilities; provided, however, the Village shall pay for such expenses surcharge if the exceedance excess salinity is caused by Uncontrollable Circumstances or influent and/or Non-Specification Influent originating from customers.. Customers or Customer sites. 7.21.8 The Company shall provide and install appropriate sampling locations for KLWTD to sample the Village’s Wastewater to verify the Village’s compliance with the salinity levels set forth in the KLWTD Agreement and this Agreement. The Company further agrees to keep the Wastewater Facilities in such repair or condition so that material infiltration and inflow will be controlled, and meet or exceed the requirements of the KLWTD Agreement; provided, however, the Village shall pay for such remedial and curative actions if the exceedance is caused by Uncontrollable Circumstances or influent originating from customers.. . The Company shall identify and address excess inflow and infiltration in its general maintenance, operation, and management program for the Wastewater Facilities.