BC 1989 12 04 - Laserfiche WebLink

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266 4) Surcharge Programs shall be billed directly by the Rocky River Regional Wastewater Treatment Plant. Bills are payable within 20 days from the billing date. The COUNTY agrees to provide the Rocky River Regional Wastewater Treatment Plant with monthly water consumption data to be used for monthly Surcharge Billing for each non-domestic user subject to the Pretreatment and Surcharge Programs, in accordance with CONCORD's Sewer Use Ordinance. Article II Remedies For Non-compliance 1) 2) 3) The COUNTY agrees to reimburse and hold harmless CONCORD from all costs and damages to treatment works or disruption of treatment processes or operations, including costs for sludge disposal, that may result from any action by the COUNTY not in accordance with this agreement and state and federal pretreatment regulations. CONCORD and the COUNTY agree to not accept any wastewater from any source, domestic or non-domestic, whose facilities do not meet all State requirements concerning obtaining a permit prior to construction. The COUNTY agrees that CONCORD may impose fines upon dischargers in violation of standards and limitations and to support and consider binding the enforcement procedures and action taken by CONCORD to correct violations of CONCORD's Ordinance and Pretreatment Program, provided such action and procedures are in accordance with "Section 12-67, Enforcement Procedures", of CONGORD's Sewer Use Ordinance. In the event the COUNTY fails to comply with any of the terms of this agreement and pretreatment program, CONCORD, consistent with due process, may take appropriate action in accordance with the Sewer Use Ordinance, until compliance is achieved or until an acceptable program of compliance has been agreed upon by CONCORD and the COUNTY. Article III Section A- Duration of Agreement This Agreement is effective as of the day and year first above written and, unless amended or modified as set forth in Paragraph III B hereinafter, shall remain in effect until December 31, 1991. Action to review, renew, and/or extend this Agreement, as written or as appropriately modified, shall be taken by the respective governing bodies of CONCORD and COUNTY on or before December 1, 1991. Section B- Method of Amendment/Termination of Agreement This Agreement may be amended or terminated only by a vote of the majority of the members of each of the respective governing boards of CONCORD and the COUNTY. Section C- Warranties CONCORD and the COUNTY hereby warrant and represent that: a) Execution of this Agreement and full performance of its own obligations hereunder are fully authorized by law; b) Each has complied or will comply with all procedures necessary to render its execution of this Agreement and the performance of its obligations hereunder as valid, legal and binding acts of CONCORD or the COUNTY, respectively. Section D- Miscellaneous CONCORD and the COUNTY further say that: a) No failure or delay in exercising any right hereunder on the part of either party shall operate as a waiver thereof, nor shall any single or partial exercise by either party of any right hereunder preclude any other further exercise thereof or the exercise of any other right; b) Except as modified by separat~ written agreement of CONCORD and the COUNTY and/or termination as provided herein, this Agreement shall be binding upon and enure to the benefit of CONCORD and the COUNTY, and their respective successors and assigns.