Common use of Monitoring and Data Collection Clause in Contracts

Monitoring and Data Collection. California American Water shall implement a brine monitoring program (the “Agreed Monitoring Program”) as follows: a. At least one year prior to the first discharge of the Project’s brine into the Sanctuary, California American Water shall install equipment required either to monitor the salinity levels in the seawater (“Salinity”) by measuring the specific conductivity of the monitored seawater at intervals of no more than 15 minutes or to perform any equivalent protocol required pursuant to either an Alternative Monitoring Program (as defined in Section 3.2 below) or a standard imposed pursuant to Section 4.1(a)(B) below (the “Monitoring Equipment”). California American Water shall install the Monitoring Equipment in at least four locations (the “Monitoring Locations”). Unless modified pursuant to Section 3.2 below, the Monitoring Locations shall be within 3 meters of the ocean floor in each of the following locations, which are depicted for illustrative purposes only on Exhibit A: i. The Zone of Initial Dilution Location: 10 meters downslope of the outfall; ii. The Compliance Point Location: 100 meters downslope of the outfall; iii. The Far Field Location: 1000 meters downslope of the outfall, intended to measure far-field effects; iv. The Reference Location: 1000 meters north of the outfall, and along the same elevation contour as the outfall, which is intended to measure conditions without the influence of the outfall. b. Commencing at installation of the Monitoring Equipment and continuing throughout the life of the Project, California American Water shall operate and maintain the Monitoring Equipment in good working order, ensuring that it is collecting and recording data at intervals of no more than 15 minutes or is performing all data collection required under an Alternative Monitoring Program, as appropriate. California American Water shall replace and maintain the Monitoring Equipment as necessary to ensure such data collection. c. Beginning on the Effective Date and continuing until the date that the Project begins to regularly provide customers with water from the desalination component of the Project (the “Project Commencement Date”), California American Water shall collect data on the Salinity, and any other brine constituent for which a standard is imposed pursuant to Section 4.1(a)(B) below, from each Monitoring Location no less than once each calendar month. Prior to the time the Monitoring Equipment is installed, data shall be collected from at least the following four approximate locations—on the outfall, 500 meters north of the outfall, 500 meters south of the outfall, and 1000 meters downslope of the outfall. After the Monitoring Equipment is installed, data shall be collected from each Monitoring Location. Each data collection shall include the following protocol: i. Collect all data recorded since the last collection, or, during the period of monthly monitoring, take sufficient samples to analyze Salinity, and any other brine constituent for which a standard is imposed pursuant to Section 4.1(a)(B) below. ii. After the installation of the Monitoring Equipment, check and re-calibrate the Monitoring Equipment’s Salinity probe using standard commercial practices. iii. Record the amount of re-calibration required. iv. Measure and record a vertical Salinity profile, taking measurements at depth intervals of less than one meter. d. Beginning at Project Commencement Date, California American Water shall collect data at each Monitoring Location no less than once very sixty (60) days, using the protocol described in Section 3.1(c). e. Following each data collection, California American Water shall analyze the collected data and post the analyzed data on the Project website and/or the California American Water website. Upon posting the data, California American Water shall notify the Parties and the Commission of such posting and shall inform them of how to obtain the raw data, which it shall make freely available to any Party and the Commission. If at the later of two years after the Project Commencement Date and the close of the period of Watershed Sanitary Survey mandated by the State Water Resources Control Board’s Division of Drinking Water pursuant to the California Surface Water Treatment Rule (California Code of Regulations Title 22, Division 4, Chapter 17, Article 7 - Sanitary Surveys), the 24-hour average Salinity measured at the Compliance Point Location is less than 75% of the Salinity standard specified in section 4.1 below, for 45 days without interruption, California American Water may reduce the frequency of data collection to not less than once every three months. f. California American Water shall use commercially reasonable efforts to obtain any regulatory approvals required for the installation of the Monitoring Equipment or operation of the Agreed Monitoring Program or Alternative Monitoring Program (as defined below). The other Parties shall use commercially reasonable efforts to support California American Water’s efforts. If California American Water fails to obtain any required approval, the Parties will meet and confer to consider how to implement a monitoring program that achieves the purposes of this Agreement, giving preference to programs that include in situ monitoring rather than intermittent sampling by boat. Prior to the implementation of any such revised monitoring program, and if California American Water is unable to obtain all necessary approvals for such revised monitoring program, California American Water shall undertake the following monitoring program (the “Monthly Monitoring Program”), which shall in those circumstances suffice to meet the requirements of this Agreement: (1) measure the Salinity, including the vertical Salinity profile, at each of the Monitoring Locations not less than once per calendar month and (2) share such data pursuant to Section 3.1(e) above.

Monitoring and Data Collection. California American Water shall implement a brine monitoring program (the “Agreed Monitoring Program”) as follows: a. At least one year prior to the first discharge of the Project’s brine into the Sanctuary, California American Water shall install equipment required either to monitor the salinity levels in the seawater (“Salinity”) by measuring the specific conductivity of the monitored seawater at intervals of no more than 15 minutes or to perform any equivalent protocol required pursuant to either an Alternative Monitoring Program (as defined in Section 3.2 below) or a standard imposed pursuant to Section 4.1(a)(B) below (the “Monitoring Equipment”). California American Water shall install the Monitoring Equipment in at least four locations (the “Monitoring Locations”). Unless modified pursuant to Section 3.2 below, the Monitoring Locations shall be within 3 meters of the ocean floor in each of the following locations, which are depicted for illustrative purposes only on Exhibit A: i. The Zone of Initial Dilution Location: 10 meters downslope of the outfall; ii. The Compliance Point Location: 100 meters downslope of the outfall; iii. The Far Field Location: 1000 meters downslope of the outfall, intended to measure far-field effects; iv. The Reference Location: 1000 meters north of the outfall, and along the same elevation contour as the outfall, which is intended to measure conditions without the influence of the outfall. b. Commencing at installation of the Monitoring Equipment and continuing throughout the life of the Project, California American Water shall operate and maintain the Monitoring Equipment in good working order, ensuring that it is collecting and recording data at intervals of no more than 15 minutes or is performing all data collection required under an Alternative Monitoring Program, as appropriate. California American Water shall replace and maintain the Monitoring Equipment as necessary to ensure such data collection. c. Beginning on the Effective Date and continuing until the date that the Project begins to regularly provide customers with water from the desalination component of the Project (the “Project Commencement Date”), California American Water shall collect data on the Salinity, and any other brine constituent for which a standard is imposed pursuant to Section 4.1(a)(B) below, from each Monitoring Location no less than once each calendar month. Prior to the time the Monitoring Equipment is installed, data shall be collected from at least the following four approximate locations—on the outfall, 500 meters north of the outfall, 500 meters south of the outfall, and 1000 meters downslope of the outfall. After the Monitoring Equipment is installed, data shall be collected from each Monitoring Location. Each data collection shall include the following protocol: i. Collect all data recorded since the last collection, or, during the period of monthly monitoring, take sufficient samples to analyze Salinity, and any other brine constituent for which a standard is imposed pursuant to Section 4.1(a)(B) below. ii. After the installation of the Monitoring Equipment, check and re-calibrate the Monitoring Equipment’s Salinity probe using standard commercial practices. iii. Record the amount of re-calibration required. iv. Measure and record a vertical Salinity profile, taking measurements at depth intervals of less than one meter. d. Beginning at Project Commencement Date, California American Water shall collect data at each Monitoring Location no less than once very every sixty (60) days, using the protocol described in Section 3.1(c). e. Following each data collection, California American Water shall analyze the collected data and post the analyzed data on the Project website and/or the California American Water website. Upon posting the data, California American Water shall notify the Parties and the Commission of such posting and shall inform them of how to obtain the raw data, which it shall make freely available to any Party and the Commission. If at the later of two years after the Project Commencement Date and the close of the period of Watershed Sanitary Survey mandated by the State Water Resources Control Board’s Division of Drinking Water pursuant to the California Surface Water Treatment Rule (California Code of Regulations Title 22, Division 4, Chapter 17, Article 7 - Sanitary Surveys), the 24-hour average Salinity measured at the Compliance Point Location is less than 75% of the Salinity standard specified in section 4.1 below, for 45 days without interruption, California American Water may reduce the frequency of data collection to not less than once every three months. f. California American Water shall use commercially reasonable efforts to obtain any regulatory approvals required for the installation of the Monitoring Equipment or operation of the Agreed Monitoring Program or Alternative Monitoring Program (as defined below). The other Parties shall use commercially reasonable efforts to support California American Water’s efforts. If California American Water fails to obtain any required approval, the Parties will meet and confer to consider how to implement a monitoring program that achieves the purposes of this Agreement, giving preference to programs that include in situ monitoring rather than intermittent sampling by boat. Prior to the implementation of any such revised monitoring program, and if California American Water is unable to obtain all necessary approvals for such revised monitoring program, California American Water shall undertake the following monitoring program (the “Monthly Monitoring Program”), which shall in those circumstances suffice to meet the requirements of this Agreement: (1) measure the Salinity, including the vertical Salinity profile, at each of the Monitoring Locations not less than once per calendar month and (2) share such data pursuant to Section 3.1(e) above.