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• 4W 40 C. The maximum permissible residual discharges from the CUSTOMER'S residual waste stream shall not exceed 5.000 gallons per year gMJ. This amount will not be exceeded without the written approval of the COUNTY. 3 The COUNTY hereby covenants and agrees: A. To maintain, monitor and operate the dowatering facility and residuals disposal site (landfill) in compliance with FAC, Chapter 62-640 B. To accept responsibility for the proper measurement and dowatering for the proper disposal of the residuals as required by FAC, Chapter 62-640. 4 It is further understood by both parties that: A. Each party understands this Agreement is subject to the rules, regulations and directives of the regulatory agencies and agrees that in the event such raffles, regulations and directives require modification of this Agreement, and each will negotiate in good faith to make such modification. B. Upon arrival onsito for treatment of residuals from the CUSTOMER'S plant, the COUNTY has die right to rcfusc treatment of said residuals, if it is demonstrated that the chemical/physical characteristics of the transported material is not consistent for dewatering. The CUSTOMER will be responsible for the removal and proper disposal of the transported material. If such residual requires further treatment, such as outside dewatcring/chcffnical addition then a surcharge fee may be imposed by the County for said additional treatment. C. It is specifically agreed and understood by all parties hereto, that the prevailing rate established by Indian River County Utilities Department (See Exhibit -A attached) is for the proper treatment and disposal of residuals delivered by the CUSTOMER to the Indian River County Residuals Management Facility. D. CUSTOMER shall make payment within thirty (30) days after receipt of an 'invoice from the COUNTY unless a longer time period is allowed by the COUNTY Utilities Department but in the event that payment is not nff<nde when duo, the COUNTY, at its sole option, may at any time terminate this Agreement on notice to CUSTOMER and the Florida Department of Environmental Protection. COUNTY may impose, and CUSTOMER agrees to pay, a late fee; not to exceed the maximum rate allowed hr applicable law for all past due payments. E. The CUSTOMER shall have an Agreement with the licensed hauler to be responsible for damage to COUNTY property, such as road surfaces resulting from the weight of the CUSTOMER'S vehicle delivering residuals to Liffe COUNTY Wastewater Treatffncnt Facility. F. Changes in the Schedule of Charges, capacity and type of equipment may be agreed upon only in writing. Oral agreements will not be considered as binding. G. COUNTY reserves the right to terminate die Agreement on tit} -days written notice in the event. L) The Residual Management Facility hydraulic capacity is necessary to process County generated sludge residuals, and/or, '+ylrrr�pdb•Afa>Fw lrnf.ltV rNUMrkKM—WWTr'•Vsr"PU"vWA".wm Skoda+Ad. NWdKe R"idual Aipa� ,a Page 2 A, }