Stormwater Discharge. The location identified as the “Off-Site Location” on the site map attached hereto as Exhibit E (the “Site Map”) is a point of current and historic stormwater discharge from the Real Property.
Stormwater Discharge. As of the beginning of Tenant’s construction activities on the Leased Premises and throughout the Term of the Lease, Tenant shall have the right to discharge stormwater from the Plant Site into Landlord’s stormwater basin; provided however, Tenant shall (i) remedy all damages and (ii) indemnify, defend, and hold harmless the Landlord Protected Persons from and against any and all damages associated with permit exceedances in Landlord’s stormwater basin (both (i) and (ii) solely to the extent arising from Tenant’s discharge). In the event of a discharge measurement from Tenant exceeding Landlord’s permit limits, Tenant shall investigate the source of the exceedance and take necessary correction or mitigation actions, but in no event shall the investigation and mitigation actions exceed 30 days. If such actions fail to remedy the discharge exceedance by Tenant or 30 days has elapsed, then Tenant shall isolate its stormwater from Landlord’s basin and properly dispose of it, and the Parties will cooperate in Tenant’s work to do so.
Stormwater Discharge. Lessor has applied for and received a National Pollutant Discharge Elimination Permit (“NPDEP”) under the Federal Clean Water Act, which covers Tenant’s operations on the Premises. In accordance with Section 14, Lawful Conduct, of this lease, Tenant shall comply with (i) all laws and regulations arising under the Federal Clean Water Act that are applicable to Tenant’s operations on the Premises; and (ii) Lessor’s NPDEP. Tenant shall ensure that no pollution or Hazardous Materials of any type is discharged from the Premises into the stormwater system at the Airport and shall comply with Lessor’s NPDEP in all respects as it relates to the Premises and in accordance with the Stormwater Control Plan and Stormwater Control Operation and Maintenance Plan for the Premises, and any amendments thereto, and in accordance with all applicable laws and regulations and other Lessor requirements. Copies of the Stormwater Control Plan and Stormwater Control Operation and Maintenance Plan for the Premises will be maintained on file at the Contra Costa County Public Works Department and are incorporated herein by reference. If Tenant conducts or produces any type of operation on the Premises that allows pollutants of any kind to enter the Airport’s storm water system (a “Storm Water Release”), then Tenant shall notify County in writing that such event has occurred. If Tenant allows another Storm Water Release to occur after County’s written notice to Tenant, then Tenant shall provide and install, at Tenant’s sole expense, a separate drainage, collection, and/or separation system (“Storm Water Equipment”) to ensure that no untreated liquid waste from any type of operation, prohibited from being discharged directly into the storm drainage or sanitary system, will enter the storm drainage system or sanitary system of the Airport, and assures that no pollution of any type or any Hazardous Materials, as defined in Section 16. Hazardous Materials, will be discharged into the storm water system at the Airport and shall comply with the NPDEP in all respects and shall be held responsible for any such discharge either by Tenant or by any of Tenant’s subtenants, agents, or employees, during the entire term of this lease. Any fine or cost of remedial action required of the Airport by any agency or agencies having jurisdiction there over, as a result of actions on or discharges from the Premises, will be charged to Tenant, and Xxxxxx shall immediately reimburse County for these costs up...
