Acceptance of Wastewater Sample Clauses

Acceptance of Wastewater. (a) LAVWMA shall take, receive, and dispose of all Wastewater delivered to the Enterprise from each Member up to such Member’s respective maximum Sewer Service requirement specified by subsection (b). (b) The maximum Sewer Service required to be provided to each Member shall be as follows: (1) for Livermore, an instantaneous rate of flow of 8.728 million gallons per day, as set forth in the Joint Powers Agreement; and (2) for the District, for its own account and Pleasanton’s, pursuant to the Regional Agreement, an instantaneous rate of flow of 32.472 million gallons per day, as set forth in the Joint Powers Agreement; provided, however, that any two Members may at any time agree to apportion between themselves the total of their combined average daily Actual Flows as established above.

Acceptance of Wastewater. City, EB, and the City of Bingen WWTP agree on the following discharge limitations: A. No more than 165 220 lbs./day of 5 day biochemical oxygen demand (BODs) B. No more than 40 lbs./day of total suspended solids (TSS) C. pH will be kept within the range of 6 to 10 at all times D. Total flow rates shall be limited to a maximum of 3, 100 5500 gallons per day The maximum wastewater, BOD, TSS, and pH limits that are acceptable are outlined above. These numbers should be considered targets for the first year of this agreement as flow data is collected. EB is responsible for ensuring that none of the limits are exceeded during this period. The City shall have no liability for any damages or losses suffered by Bingen or Everybody's Brewing if a federal or state agency takes action that voids, nullifies or preempts the provisions of this agreement. Bingen and Everybody's Brewing shall further indemnify and hold harmless the City from any and all liability, including third party liability, under any applicable state or federal regulations for any actual or alleged violation of said regulations arising under the agreement. Example 1: For a sample with BOD at 10,213 mg/1, the maximum amount of wastewater that the WWTP could accept at this strength is 1,950 gallons, far less than the 5,500 gallon upper limit. Example 2: For a sample with BOD at 10,213 mg/1 and flow of 3,000 gallons, the BOD would be 256 pounds, above the 220 pounds per day limit. If any of the above parameters are exceeded, EB will be responsible for capturing excess effluent at the source. The City of Bingen Wastewater Treatment Plant WWTP cannot process capacity is adversely affected by wastewater loading more than the limits outlined above.