Common use of Condition of Wastewater Delivered Clause in Contracts

Condition of Wastewater Delivered. (i) The District will operate and maintain the District’s System to ensure that wastewater delivered to Elgin’s wastewater system will have a pH factor between six and eleven and otherwise be in a condition that complies with the requirements of Chapter 42, Article III, Division 5 of the City’s Code of Ordinances (the “Code”) in existence on the date of this Agreement. If wastewater delivered from the District’s System the City’s System fails to meet the specified standards and the Director determines that the addition of oxidizing chemicals or another reasonable method of pretreatment of wastewater or operation of the District’s System is necessary in order for wastewater delivered to be non-injurious to the City’s System, then the District will install facilities or implement methods of operation and maintenance to meet the standards and render wastewater from the District non-injurious to the City’s System. Such facilities or methods shall be agreed upon by the City and District engineer. The District shall not be required to install facilities or employ methods that far exceed industry standards for wastewater pretreatment, given the nature and volume of wastewater being processed. (ii) Should the wastewater entering the City’s System from the District’s System be found to be in violation of the applicable provisions of the Code, and should such violation be found to be the direct and sole source of injury to the City’s System, the District shall pay for the reasonable, actual cost to repair City’s System. The City shall bear the burden of proving both the Code violation and that such violation was the sole and direct cause of the damage to the City’s System. (iii) If the District fails to implement measures required for protection of the City’s system and the wastewater entering the City’s System from the District’s System is found to be in violation of the Code, the City may require the District to implement an operation and maintenance plan to ensure that flows received from the District are non-injurious to the City’s System.

Condition of Wastewater Delivered. (i) The District will operate and maintain the District’s System to ensure that wastewater delivered to Elginthe City’s wastewater system System will have a pH factor between six and eleven and otherwise be in a condition that complies with the requirements of Chapter 42, Article III, Division 5 of the City’s Code of Ordinances (the “Code”) in existence on the date of this AgreementEffective Date. If wastewater delivered from the District’s System to the City’s System fails to meet the specified standards and the City’s Utilities Director determines that the addition of oxidizing chemicals or another reasonable method of pretreatment of wastewater or operation of the District’s System is necessary in order for wastewater delivered to be non-injurious to the City’s System, then the District will install facilities or implement methods of operation and maintenance to meet the standards and render wastewater from the District non-injurious to the City’s System. Such facilities or methods shall be agreed upon by the City and District the District’s engineer. The District shall not be required to install facilities or employ methods that far exceed industry standards for wastewater pretreatment, given the nature and volume of wastewater being processed. (ii) Should the wastewater entering the City’s System from the District’s System be found to be in violation of the applicable provisions of the Code, and should such violation be found to be the direct and sole source of injury to the City’s System, the District shall pay for the reasonable, actual cost to repair the City’s System. The City shall bear the burden of proving both the Code violation and that such violation was the sole and direct cause of the damage to the City’s System. (iii) If the District fails to implement measures required for protection of the City’s system and the wastewater entering the City’s System from the District’s System is found to be in violation of the Code, the City may require the District to implement an operation and maintenance plan to ensure that flows received from the District are non-injurious to the City’s System.