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26.5 <br /> <br />3) <br /> <br />4) <br /> <br />5) <br /> <br />6) <br /> <br />7) <br /> <br />8) <br /> <br />9) <br /> <br />10) <br /> <br />c) The Ordinance allows CONCORD to seek injunctive relief for <br />noncomPliance and to seek and assess civil penalties for noncompliance. <br />d) The Ordinance gives CONCORD the authority to halt or prevent any <br />discharges that present or are likely to present an imminent danger to <br />health, the environment, or that threaten to interfere with the operations <br />of the Rocky River Regional Wastewater Treatment Plant. <br /> The COUNTY agrees to adopt a Sewer Use Ordinance that parallels <br />the Sewer Use Ordinance adopted by CONCORD, which is consistent with state <br />and federal regulations. The COUNTY's Ordinance shall be amended as <br />necessary to insure that all the requirements of the COUNTY's Ordinance <br />are as stringent as the requirements of CONCORD's Sewer Use Ordinance. <br /> The COUNTY agrees to require, by ordinance, that all non-domestic <br />dischargers, existing and future file an Application for Permit with <br />CONCORD and to comply with all other provisions of CONCORD's Sewer Use <br />Ordinance. <br /> A copy of the draft permit shall first be sent to the COUNTY, by <br />CONCORD, for review and approval. Comments must be received by CONCORD <br />within 14 days from the date received by the COUNTY or the permit shall be <br />sent to the industrial user and the State for approval as drafted. Any <br />changes requested or required by the COUNTY will have to be justified by <br />the COUNTY. If the COUNTY needs to impose any special conditions upon a <br />specific discharger, such as the requirement to equalize flow to protect <br />sewer lines, the COUNTY must notify the discharger and CONCORD. CONCORD <br />shall include these special conditions in the permit. <br /> The COUNTY agrees to support the permit limitations or conditions <br />imposed upon a non-domestic discharger, consistent with the COUNTY's and <br />CONCORD's Sewer Use Ordinance and state and federal regulations. <br /> CONCORD agrees to provide the COUNTY with copies of all permits and <br />copiesof all correspondence with non-domestic dischargers connected to the <br />COUNTY's wastewater collection system. <br /> The COUNTY agrees to provide any and all records relating to water use <br />and wastewater discharges by non-domestic users for the purpose of <br />validation of monitoring records and compliance with pretreatment standards <br />and requirements. <br /> The COUNTY agrees to control, as provided for in the COUNTY's Sewer <br />Use Ordinance, connections to its wastewater collection system so that all <br />connections meet the requirements of the COUNTY's Sewer Use Ordinance. <br /> The staffs of the COUNTY and CONCORD shall meet and agree upon the <br />day to day procedures for the implementation of this agreement. CONCORD's <br />staff shall put the agreed upon procedure in writing and submit to the <br />COUNTY's staff for concurrence. <br /> <br />Section B- Surcharge Program <br /> <br /> CONCORD shall include in the Sewer Use Ordinance the allowable treatment <br />plant influent design discharge limits for BOD, COD, TSS and NH3. Provided the <br />Rocky River Regional Wastewater Treatment Plant has adequate capacity and the <br />capability to comply with the NPDES Permit, a non-domestic discharger will be <br />permitted to discharge in excess of the design limits provided a surcharge is <br />paid and there is no adverse impact on the Rocky River Regional Wastewater <br />Treatment Plant or its operation. <br /> <br />Section C- Compensation <br /> <br />1) <br /> <br />2) <br /> <br />3) <br /> <br /> CONCORD will establish the basis for a Surcharge Rate Structure <br />uniform throughout the systems of CONCORD and COUNTY and consistent with <br />current state and federal regulations. CONCORD will review and update <br />the surcharge rate as necessary to comply with the ordinance and to recover <br />all the cost incurred by the excess loadings (e.g. Surcharge Fees). Any <br />proposed changes and modifications to the Surcharge Rate Structure will <br />be reviewed with the COUNTY before adoption. <br /> CONCORD will include in and as a separate part of the Surcharge <br />Rate Schedule Program, a Rate Schedule which shall recover the cost for <br />administering and monitoring of the Pretreatment and Surcharge Programs <br />(e.g. Program Fees and Sample Fees). <br /> The Rate Schedules for the Pretreatment and Surcharge Programs, <br />described in number 1 and 2, shall be reviewed by CONCORD annually to <br />insure that each non-domestic source is paying a reasonable fair share. <br />Each industry or non-domestic user, subject to the Pretreatment and <br /> <br /> <br />