MGD. 5. The WSSC and Fairfax County shall pay to the District an annual User's fee. The initial fee shall be one million five hundred thousand dollars ($1,500,000) per annum, effective July 1, 1986. The User fee shall be com- pounded annually by one and one half percent (1.5%). Said User fee shall be shared by WSSC and Fairfax County in proportion to their Annual Average Wastewater Treatment Capacity Allocation at Blue Plains. Payment for this item shall be made quarterly and in accordance with the provisions of Sec- tion 6F2. This fee shall be proportionately reduced if the total Treatment Capacity Allocation is reduced.
MGD a. WSSC shall continue to provide up to a total daily supply of 1.4 million gallons (MGal) and maximum instantaneous demand of 972 gallons per minute (GPM) from the existing Xxxxxx Xxxx Road Connection.
MGD. ONSWC shall reserve and hold exclusively for Developer, its successors and assigns, 250,000 GPD of reclaimed water line capacity.
MGD. In addition to the RWPS expansion, the finished water facilities expansion included a new buried 6 MG cast-in-place concrete with a T- beam roof system Finished Water Reservoir.
MGD. CITY shall keep and maintain the records and readings of the metering devices for at least three years and said devices and records shall be at all times open to inspection upon reasonable notice to DISTRICT by CITY.
MGD. All additional costs to construct the WWTP and the Interceptor Lines with capacity over 0.57 MGD shall be the sole responsibility of the City. Wastewater capacity up to 0.57 MGD in the WWTP will be reserved for and allocated to the Developer, on behalf of the District. The Developer’s portion of the costs for the permanent WWTP construction shall be paid in accordance with the schedule set forth as Exhibit D During such period, Developer shall provide to the City a cash deposit, letter of credit, bond, or other security in an amount reasonably determined by the City to be sufficient to guarantee (i) during Phase 2A, payment of the Developer’s pro rata share of costs to complete Phase 2A, and (ii) during Phase 2B, payment of the Developer’s pro rata share of costs to complete Phase 2B. Upon completion of the Phase 2A improvements and acceptance of those improvements by the City and TCEQ, any form of security granted for Phase 2A shall be completely released and returned to Developer. The City’s acceptance of the 2A improvements shall not be unreasonably withheld, conditioned, or delayed. The security for Phase 2B shall be separate and apart from the security from Phase 2A and will not be posted until immediately prior to the commencement of construction on Phase 2B. Upon completion of the 2B improvements and and acceptance of those improvements by the City and TCEQ, any form of security granted for Phase 2B shall be completely released and returned to Developer. The City’s acceptance of the 2B improvements shall not be unreasonably withheld, conditioned, or delayed. Payments made pursuant to the schedule set forth in Exhibit D, whether during Phase 2A or Phase 2B, shall entitle the Developer or the District to an automatic reduction in the amount of the deposit, letter of credit, bond or other security, which automatic reduction shall be set forth clearly in the security instruments.
MGD. All additional costs to construct the WWTP and the Interceptor Lines with capacity over 0.637 MGD shall be the sole responsibility of the City. Wastewater capacity up to 0.637 MGD in the WWTP will be reserved for and allocated to the District or Developer on behalf of the District. The Developer’s portion of the costs for the permanent WWTP construction shall be paid within 30 days of receiving an approved pay application from the City or as described in the Escrow Agreement. The Developer on behalf of the District shall keep an escrow account or letter of credit or other security in an amount reasonably determined by the Parties to be sufficient to guarantee payment of its pro-rata share during construction.
MGD. The volume shall be based on the CITY’S and the District’s ability to hydraulically treat the additional loading from EXXONMOBIL. Increased sampling may be required with the CITY’S approval. Twenty- four (24) months after the commencement of the EXXONMOBIL industrial discharge, the CITY shall conduct a review of the EXXONMOBIL industrial discharge monitoring data and the CITY wastewater treatment plant operating data. The CITY, at its sole discretion, shall determine if revisions of the Local Limits, the Maximum Allowable Headworks Loading (XXXX), the Maximum Allowable Industrial Load (MAIL), the EXXONMOBIL Industrial Discharge Permit effluent limitations is needed. Permit effluent limit revisions shall be made in accordance with the CITY’S pretreatment program and the reopener provisions of the Permit, which allow for Permit revisions for the following (without limitation): local limits re-evaluation, modification to the CITY’S MPDES permit, or the application of an industry within the CITY limits. Exxon Mobil’s compliance schedule shall comply with the CITY’S compliance schedule to prevent permit violations or plant upsets. The CITY and EXXONMOBIL shall initiate discussions no less than 90 days prior to the end of the first Permit cycle and all subsequent permit cycles to anticipate impacts to the Permit effluent limitations based upon, but not limited to, the XXXX, MAIL and the CITY’S MPDES permit limits. Discussions may include alternative approaches to direct reductions of specific pollutants to the EXXONMOBIL Industrial Wastewater discharge. The CITY shall determine if these alternative approaches are acceptable. The CITY shall determine the permit limits for each subsequent Permit cycle. Notwithstanding anything to the contrary herein, if EXXONMOBIL’s maximum daily mass limits for discharge pursuant to this Agreement are at any point less than 1.27 lbs/day of selenium or less than 0.28 lbs/day of arsenic, or if ExxonMobil is required to accept any other water quality parameter for the Industrial Wastewater, then EXXONMOBIL may terminate this Agreement with immediate effect without further cost or penalty by giving written notice to CITY pursuant to the requirements of Section 16 of this Agreement.
