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40 <br />• <br />40 <br />C'. The maxitnum permissible daily residual discharges from the CUSTOMER'S residual <br />waste stream shall not exceed 100 gallons pyr d (gpd). This an cunt will not be <br />exceeded without the written approval ofthc COUNTY. <br />3 The COUNTY hereby covenants and agrees: <br />A. To maintain, monitor and operate the dewatering facility and residuals disposal site <br />(landfall) in compliance with FAC, Chapter 62-640. <br />B. To accept responsibility lair 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 Agreetnent is subject to the rules, regulations and directives <br />of the regulatory agencies and agrees that in the event such rules, regulations and <br />directives require modification of this Agreement, and each will negotiate in good faith to <br />snake such modification. <br />B. Upon arrival onsite for treatment of residuals front the CUSTOMER'S plant, the <br />COUNTY has the right to refuse treatment of said residuals, if it is demonstrated that the <br />chemical/physical characteristics of the transported material is not consistent for <br />dewatering. 'tate CUSTOMER will be responsible for the removal and proper disposal of <br />the transported material. I[' such residual requires further treatment, such as outside <br />dewalcring/chcmical addition then a surcharge fee may be imposed by the County for <br />said additional treatment, <br />C. It is specifically agreed and understood by all parties hereto, that the prcvailing rate <br />established by Indian River County Utilities Department (See Exhibit -A attached) is for <br />the proper treatment and disposal of residuals delivered by the CUSTOMER to the Indian <br />River County Residuals Management l-acihly. <br />D. CUSTOMER shall make payment within thirty (30) days alter receipt of an invoice from <br />the COUNTY unless a Ionl;cr time period is allowed by the COUNTY Utilities <br />Department but int lite event that payment is not made when duc, the COUNTY, at its sole <br />option, may at any time terminate this Agreement on notice to CUSTOMER and the <br />Florida Department of Environmental Protection. COUNTY may ionpose, and <br />CUSTOMER agrees to pay, a late fee not to exceed the maximum rate allowed by <br />applicable law for all past due payments. <br />E. The CUSTOMER shall have an Agreement with the licensed hauler to be responsible for <br />damage to COUNTY property, such as road surfaces resulting from the weight of the <br />CUSTOMER'S vehicle delivering residuals to the COUNTY Wastewater Treatment <br />Facility. <br />F. Changes in the Schedule of Charges, capacity and type of equipment may be agreed upon <br />only in writing. Oral agreements will not be considered as binding, <br />G. COUNTY reserves the right to tertminatc the Agreement on 60 -days written notice in the <br />event: <br />i,) The Residual Management FUCility hydraulic capacity is necessary to process County <br />generated sludge residuals, and/or; <br />Slute Rcsidual Aprow Lit <br />