01-28-19 Regular Meeting of the La Porte City Council

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biological treatment and shall comply with and meet such limits on physical and chemical parameters as GCA shall establish as is necessary to ensure compliance with its permit obligations, protection of its treatment facility, and protection of its ability to provide wastewater treatment services to the other customers served by the Treatment Facility. The initial parameters for such Domestic Sewage/Municipal Waste are set forth in Exhibit "A," attached hereto and made a part hereof for all purposes. The City acknowledges that Exhibit "A" may be amended, supplemented or modified by GCA from time to time to meet the requirements of the Texas Commission on Environmental Quality, the Environmental Protection Agency or any governmental entity or agency having authority over the Treatment Facility. In the event the City discharges Domestic Sewage/Municipal Waste through the Point of Delivery (as defined below) that exceeds the parameters established herein in Exhibit "A:' as it may be amended from time to time, GCA shall immediately notify the City of such noncompliance. Upon receipt of such notice, the City shall take immediate action to determine the identity of the offending originator and require the offending originator to cease discharging such wastewater. 1.02. The City shall maintain, at its sole cost, risk, and expense, all pipelines and appurtenances thereto necessary to transport its Domestic Sewage/Municipal Waste to the delivery point described in Exhibit "B" attached hereto and made part hereof, ("Point of Delivery"). Furthermore, the City shall provide all labor, supervision, materials and equipment necessary to deliver its Domestic Sewage/Municipal Waste to the Point of Delivery at sufficient pressure or elevation as will enable GCA to transfer such wastewaters into the Treatment Facility. The City and GCA agree that the Point of Delivery shall be the location at which Domestic Sewage/Municipal Waste from the Cityfacilities first commingles with other wastewater flowing to the Treatment Facility. 1.03. The City further agrees to (a) maintain all its Sanitary Sewage Collection and Transportation Facilities and to repair promptly any breaks therein so as to prevent the entry of surface or ground water, sand, or other foreign materials; (b) adopt and enforce rules and regulations to ensure that connections to its Sanitary Sewage Collection and Transportation Facilities will not allow the discharge into said facilities of anything prohibited by the provisions hereof and, in particular, but without limitation, that no drains shall be installed or connected in such a manner that any rain water or other surface waters are permitted to enter its facilities, and that adequate safeguards will be taken to prevent any abnormal seepage or discharge of any solid matter into said facilities or any abnormal infiltration thereof from water leaking into the facilities through defective joints, breaks in pipes, or porous walls; and (c) without prejudice to any rights or remedies which GCA might otherwise have for the enforcement of this Agreement, and to require compliance with the terms hereof, the City covenants that it will exercise any powers which it now has, or which it may hereafter have, when reasonably necessary to 2