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2012-044
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2012-044
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Last modified
12/16/2015 10:30:10 AM
Creation date
10/1/2015 4:12:23 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
03/06/2012
Control Number
2012-044
Agenda Item Number
12.J.3
Entity Name
INEOS New Planet Bioenergy LLC
Subject
Reclaimed Water Delivery Agreement
Archived Roll/Disk#
112-R-0001
Supplemental fields
SmeadsoftID
10993
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b . The COUNTY shall have the sole and exclusive right to set uniform , fair and reasonable <br /> fees and charges for Reclaimed Water ( usually expressed in terms of dollar amount per thousand gallons) <br /> and as applied uniformly to all Reclaimed Water users . The reclaimed water fees and charges may be <br /> changed at any time at the sole discretion of the COUNTY and such charges shall apply to the <br /> DEVELOPER and this Agreement at the time of such change . The COUNTY shall use reasonable efforts <br /> to set the reclaimed water fees and charges such that they are sufficient to cover the total cost of providing <br /> Reclaimed Water and that such costs reflect the appropriate allocation of expenses between the provision <br /> of Reclaimed Water and the associated wastewater treatment costs . <br /> c . The DEVELOPER shall be invoiced according to the COUNTY ' s normal billing <br /> practices for water customers . Pursuant to the County ' s utility policies , the DEVELOPER shall pay <br /> interest at the rate in place at the time of any past due amounts from the date the amount came due until <br /> the date paid . Written or verbal notice of delinquency is not required for the interest to accrue . <br /> 9 . Volume Allocation and Pressure of Reclaimed Water Main : <br /> The COUNTY shall maintain the pressure within its Reclaimed Water main at not less than 25 prig <br /> and provide the volume of Reclaimed Water at a steady rate . The COUNTY shall provide an <br /> uninterrupted supply of Reclaimed Water on a constant basis . The COUNTY will attempt to allocate an <br /> average daily volume of 216 , 000 gallons , with a maximum available daily volume of 288 , 000 gallons . <br /> This allocation and utilization is non - binding and non -committal for both the COUNTY and the <br /> DEVELOPER, respectively . The DEVELOPER shall control the volume of reclaimed water accepted, <br /> stored and utilized for its Facility . Notwithstanding anything to the contrary , the DEVELOPER is not <br /> obligated to utilize Reclaimed Water which does not meet FDEP standards or those quality standards <br /> listed in Exhibit "B " and as referenced in paragraph 5 . above , or any time the DEVELOPER ' S reclaimed <br /> water impoundment is at or nearing capacity , or if the use of Reclaimed Water becomes environmentally , <br /> technically or financially infeasible to the DEVELOPER . <br /> 10 . Term : <br /> The term of this Agreement is twenty (20) ears . This Agreement shall be renewed automatically <br /> for successive five ( 5 ) year terms at the expiration of any preceding term , unless any party notifies <br /> the <br /> other of cancellation by written notice not less than 180 consecutive calendar days in advance of the <br /> expiration date of the preceding term . The Term of this Agreement shall run concurrently with and be <br /> limited by applicable COUNTY Regional Wastewater Treatment Facility FDEP Operating Permit serving <br /> the area. <br /> 11 . No Direct Offsite Discharge : <br /> DEVELOPER covenants that it shall not directly discharge Reclaimed Water into any body of <br /> water in the State of Florida other than through its authorized Class I UIC injection well , or the ponds or <br /> lakes ( impoundment) owned by the DEVELOPER . DEVELOPER will take all reasonable precautions <br /> to prevent the use of Reclaimed Water received as potable water. " Reclaimed Water in Use" warning <br /> signs shall be posted in strategic places to prevent consumption of the water. Sign location and color of <br /> the posted signs shall be in conformance with FDEP regulations as defined under Rule 62 - 610 . <br />418 , <br /> F . A . C . In addition , exposed reclaimed water piping shall be painted ` Pantone Purple 522C ' . <br /> Page 4 of 10 <br /> WPBDOCS 7977917 10 <br />
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