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382 <br /> <br />2) <br /> <br />3) <br /> <br />4) <br /> <br />Any proposed changes and modifications to the Surcharge Rate <br />Structure will be reviewed with the COUNTY before adoption. <br />CONCORD will include in and as a separate part of the <br />Surcharge Rate Schedule Program, a Rate Schedule which shall <br />recOver the cost for administering and monitoring of the <br />Pretreatment and Surcharge Programs (e.g. Program Fees and <br />sample Fees). <br />The' Rate Schedules for the Pretreatment and Surcharge <br />Programs, described in number 1 and 2, shall be reviewed by <br />CONCORD annually to insure that each non-domestic source is <br />paying a reasonable fair share. Each industry or non- <br />domestic user, subject to the Pretreatment and Surcharge <br />Programs shall be billed directly by the Rocky River Regional <br />Wastewater Treatment Plant. Bills are payable within 20 days <br />from the billing date. <br />The COUNTY agrees to provide the Rocky River Regional <br />Wastewater Treatment Plant with monthly water consumption data <br />to be used for monthly Surcharge Billing for each non- <br />domestic user subject~ to the Pretreatment and Surcharge <br />Programs, in accordance with CONCORD's Sewer Use Ordinance. <br /> <br />1) <br /> <br />2) <br /> <br />3) <br /> <br />4) <br /> <br /> Article II <br /> Remedies For Non-compliance <br /> <br />The COUNTY agrees to reimburse and hold harmless CONCORD from <br />all costs and damages to treatment works or disruption of <br />greatment processes or operations, including costs for sludge <br />disposal, that may result from any action by the COUNTY not <br />in accordance with this agreement and state and federal <br />pretreatment regulations. <br />GONGORDand the GOUNTYagree to not accept any wastewater from <br />any source, domestic or non-domestic, whose facilities do not <br />meet all State requirements concerning obtaining a permit <br />prior to construction. <br />The COUNTY agrees that CONCORD may impose fines upon <br />dischargers in violation of standards and limitations and to <br />s~pPort and consider binding the enforcement procedures and <br />action taken by CONCORD to correct violations of GONGORD's <br />Ordinance and Pretreatment Program, provided such action and <br />procedures are in accordance with "Section 12-67, Enforcement <br />Procedures", of GONGORD's Sewer Use Ordinance. <br />In the event the COUNTY fails to comply with any of the terms <br />of this agreement and pretreatment program, CONCORD, <br />consistent with due process, may take appropriate action in <br />accordance with the Sewer Use Ordinance, until compliance is <br />achieved or until an acceptable program of compliance has been <br />agreed upon by GONGORD and the COUNTY. <br /> <br /> Article III <br />Section A- Duration of Agreement <br /> <br /> This Agreement is effective as of the day and year first above <br />written and, unless amended or modified as set forth in Paragraph <br />IIi~B hereinafter, shall remain in effect until December 31, 1992. <br />Action to'reView, renew, and/or extend this Agreement, as written <br />or as appropriately modified, shall be taken by the respective <br />governing bodies of CONCORD ~.~d COUNTY on or before December 1, <br />1992. <br /> <br />Section B- Method of Amendment/Termination of Agreement <br /> <br /> This Agreement may be amended or terminated only by a vote of <br />the majority of the members of each of the respective governing <br />boards~of CONCORD and the COUNTY. <br /> <br />Section C- Warranties <br /> <br />CONCORD and the COUNTY hereby warrant and represent that: <br /> a) Execution of this Agreement and full performance of its <br /> own obligations hereunder are fully authorized by law; <br /> <br /> <br />