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form as of the date of this Agreement, governing Privately Owned Public Water Plants , set forth <br /> in Objective 6 of the Potable Water Sub -Element of the Comp Plan, attached hereto as Exhibit <br /> „ D ' <br /> C , Any development, as defined in § 380 . 04, Fla Stat . (2009) , (but excluding water or <br /> wastewater facilities specifically addressed by Sections 2 . a. , 2 . b . and 3 of this Agreement) built <br /> within Grove Land's territory in Indian River County must comply with the Comp Plan then in <br /> effect, and Grove Land shall not provide water or sewer service to any development that is <br /> inconsistent with the provisions of the Comp Plan. <br /> 3 . Preemption by Public Service Commission : A water or wastewater treatment <br /> plant serving a biofuel or other alternative energy facility or energy related uses , or serving <br /> agriculture or agriculture related uses, or serving a surface water cleansing, retention or treatment <br /> facility, shall not be considered a Package Treatment Plant or Privately Owned Public Water <br /> Plant for the purposes of this Agreement . Grove Land shall be permitted to provide water and <br /> wastewater services to the foregoing uses , pursuant to applicable regulation by the FPSC and/or <br /> the Florida Department of Environmental Protection ("FDEP " ) , which shall preempt any <br /> regulation by Indian River. Any water or wastewater treatment plant serving the foregoing uses <br /> constructed within Grove Land ' s territory in Indian River County shall also be required to <br /> comply with the applicable requirements of the Indian River County Land Development Code <br /> relating to site planning and construction permitting . <br /> 4 . County Review : Indian River shall have the right to review and approve the <br /> engineering plans for any Package Treatment Plant or Privately Owned Public Water Plant to be <br /> constructed within Grove Land ' s territory in Indian River County. Indian River shall provide <br /> approval or comments on any such engineering plans submitted to Indian River within forty- five <br /> (45 ) days of receipt of such plans . Approval of such engineering plans shall not be unreasonably <br /> withheld . Requiring Grove Land to design such Package Treatment Plant or Privately Owned <br /> Public Water Plant to include either (a) significant overcapacity (above the capacity required by <br /> FDEP) , thereby resulting in materially increased costs to utility rate payers , or (b) design <br /> elements that the FPSC would deem "not used or useful", and therefore would prohibit Grove <br /> Land from charging rate payers for the cost of such design elements , shall be considered <br /> "unreasonable" for purposes of this Agreement . Any Package Treatment Plant or Privately <br /> Owned Public Water Plant constructed within Grove Land ' s territory in Indian River County <br /> shall also be required to comply with the applicable requirements of the Indian River County <br /> Land Development Code relating to site planning and construction permitting . <br /> 5 . Withdrawal of County Objection : Promptly upon the execution of this <br /> Agreement, Indian River agrees to file with the FPSC a withdrawal of its objection to the <br /> Application, together with a copy of this Agreement to be included as a part and condition of the <br /> FPSC approval of the certificate requested by the Application . <br /> 6 . Notification of Communication with Public Service Commission : After Grove <br /> Land receives FPSC approval of the Application, Grove Land and its successors and assigns <br /> shall copy Indian River (at the addresses provided below) on any written request or inquiry to the <br /> FPSC , potentially affecting its property or operations in Indian River County. <br /> F0104185v5 2 <br />