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B. The CUSTOMER warrants that to the best of its knowledge, the residuals <br />delivered to the COUNTY will not contain any hazardous, toxic or radioactive <br />waste or substances as defined by applicable federal, state and local laws or <br />restrictions. <br />C. The maximum permissible daily residual discharges from the CUSTOMER'S <br />residual waste stream shall not exceed 5000 (five thousand) gallons a av <br />(gpd). This amount will not be exceeded without the written approval of the <br />COUNTY. <br />3 The COUNTY hereby covenants and agrees: <br />A. To maintain, monitor and operate the dewatering facility and residuals disposal <br />site (landfill) in compliance with FAC, Chapter 62-640. <br />B. To accept responsibility for the proper measurement and dewatering for the proper <br />disposal of the residuals as required by FAC, Chapter 62-640. <br />4 It is further understood by both parties that: <br />A. Each party understands this Agreement is subject to the rules, regulations and <br />directives of the regulatory agencies and agrees that in the event such rules, <br />regulations and directives require modification of this Agreement, and each will <br />negotiate in good faith to make such modification. <br />E3. Upon arrival onsite for treatment of residuals from the CUSTOMER'S plant, the <br />COUNTY has the right to refuse treatment of said residuals, if it is demonstrated <br />that the chemical/physical characteristics of the transported material is not <br />consistent for dewatering. The CUSTOMER will be responsible for the removal <br />and proper disposal of the transported material. If such residual requires further <br />treatment, such as outside dewatering/chemical addition then a surcharge fee may <br />be imposed by the County for said additional treatment. <br />C. It is specifically agreed and understood by all parties hereto, that the prevailing <br />rate established by Indian River County Utilities Department is for the proper <br />treatment and disposal of residuals delivered by the CUSTOMER to the Indian <br />River County Residuals Management Facility. <br />D. CUSTOMER shall make payment within thirty (30) days after receipt of an <br />invoice from the COUNTY unless a longer time period is allowed by the <br />COUNTY Utilities Department but in the event that payment is not made when <br />due, the COUNTY, at its sole option, may at any time terminate this Agreement <br />on notice to CUSTOMER and the Florida Department of Environmental <br />Protection. COUNTY may impose, and CUSTOMER agrees to pay, a late fee not <br />to exceed the maximum rate allowed by applicable law for all past due payments. <br />Page 2 <br />Sludge Residual Agreement <br />