Wastewater Treatment Facilities. Together, the Covered Parties operate 18 major WWTPs in the Upper Trinity River Watershed (Table 6-1 and Figure 15), which are currently permitted (as of December 2022) to discharge a combined 978.4 MGD19. Of that total amount, 736 MGD is permitted to flow directly into the Trinity River or major tributary. The remainder of the discharged effluent flows into and through large reservoirs first, where it is diluted and becomes a fraction of the total volume. As previously discussed in Sections 4.1.2, 4.1.3, and 8.4, these WWTPs have been extremely important to the recovery of the water quality and fish communities that have taken place since the 1980s and prevent dewatering in the system during times of drought. While WWTPs provide significant benefits to the Covered Species, they also pose a water quality threat. The threats posed by the Covered Parties’ WWTPs are difficult to quantify for many reasons. For instance, 1) each WWTP processes is different, 2) influent characteristics are different, and
Wastewater Treatment Facilities. Rangeview will be constructing a new wastewater reclamation facility (“WWRF”) for the Development. Prior to closing, Seller shall provide evidence to Purchaser that Rangeview has received the necessary authorizations from the Water Quality Control Division of the Colorado Department of Public Health and Environment and from the County to construct the WWRF, and has awarded a contract for the construction of the WWRF. Purchaser acknowledges that the currently planned WWRF for the Development may not be Substantially Complete on or before the dates that Purchaser obtains building permits and certificates of occupancy for Lots. Therefore, Seller shall provide, at Seller’s sole cost, a temporary alternative service for the processing of wastewater sufficient for the issuance of building permits and certificates of occupancy consisting of two sequential batch reactor basins with a combined volume of 500,0000 gallons, along with appurtenant facilities to mitigate the development of odors, that Rangeview’s engineer will certify as having been constructed in accordance with approved plans and specifications (the “Alternative Service”). The Alternative Service shall be operational on the date that Purchaser closes on such Lot, as part of Substantial Completion of the Finished Lot Improvements, and shall continue in operation until such time as the wastewater treatment plant is substantially complete and placed into operation. In the event the County withholds such building permits and/or certificates of occupancy pending final completion of the WWRF, Purchaser may, at its election, upon notice to Seller, defer any applicable closing until such a time that the County deems the Lots are eligible for permit issuance. On or before the First Closing, Seller have deposited funds into an escrow with the Title Company pursuant to an “Offsite Infrastructure Escrow Agreement” equal to the contracted cost to substantially complete the WWRF for the Development which Seller and/or Rangeview shall have the right to draw upon to pay for water and sewer infrastructure improvements as constructed. The form of the Offsite Infrastructure Escrow Agreement shall be provided to Purchaser for Purchaser’s review not less than twenty (20) days prior to the expiration of the Due Diligence Period and shall be subject to Purchaser’s review and approval during the Due Diligence Period and if Purchaser is not satisfied with such agreement for any reason, then Purchaser’s sole remedy shall be to...
