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

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accomplish compliance with the foregoing. II. Acceptance of Wastewater 2.01. The City shall transport its Domestic Sewage/Municipal Waste to the Point of Delivery identified on Exhibit "B," attached hereto and made part hereof for all purposes, at which point GCA shall assume control of the Domestic Sewage/Municipal Waste and treat it at the Treatment Facility prior to the discharge of effluent. GCA shall discharge the effluent in compliance with all applicable rules, regulations, and laws of the United States, the State of Texas, and any other governmental or regulatory agency having jurisdiction. 2.02. GCA shall accept from the City the flow of Domestic Sewage/Municipal Waste collected and transported by the City's Sanitary Sewage Collection and Transportation Facilities described and defined in Exhibit "C" attached hereto and made a part hereof for all purposes. 2.03. The City agrees to reimburse GCA for any fine or penalty assessed against or imposed upon GCA by any governmental agency having jurisdiction, to the extent that the City's failure to comply with the provisions contained in Section 1.01 above, or other violation of this Agreement, proximately caused the assessment or imposition of the fine or penalty. Whenever a governmental agency having jurisdiction takes any action against GCA that may result in the City's obligation to reimburse GCA under the provisions of this Section, GCA shall promptly notify the City of such action and City shall have the right, at its own cost and expense, to participate in the defense of such action. 2.04. Responsibility for all wastewater to be delivered to the Treatment Facility shall be that of the City until it passes through the Point of Delivery. After wastewaters pass through the Point of Delivery, responsibility therefor shall rest with GCA; provided, however, nothing herein shall absolve the City of its obligations, responsibilities, and liabilities as set forth herein and as provided by law. If the City delivers wastewater through the Point of Delivery that exceeds the parameters established under Section 1.01 and such wastewater causes damage to the Treatment Facility or an inability to process all of the wastewater and discharge the treated effluent in accordance with GCA's Permits, the City shall pay one hundred percent (100 %) of all costs and expenses incurred by GCA to repair any such damage and any other cost and expense incurred by GCA associated with the treatment and disposal of such wastewater. 2.05. If the City delivers wastewater through the Point of Delivery that does not constitute Domestic Sewage/Municipal Waste, or exceeds the parameters established in Exhibit A to this Agreement for Domestic Sewage/Municipal Waste , and such wastewater or Domestic Sewage/Municipal Waste causes damage to the 3