(11)AR 061609 MOU/Riverside - Laserfiche WebLink

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cubic feet per second. Such right is contingent upon satisfaction of the conditions precedent identified in Paragraph 4, hereto. 7. Pretreatment Program. 7.1 Riverside operates the RWQCP pursuant to NPDES Permit No. CA0105350 (A NPDES Permit issued by the California Regional Water Quality Control Board B Santa Ana Region) which requires the City to enter into contractual agreements with all contributory agencies to the RWQCP to give Riverside the authority to implement and enforce an EPA -approved Pretreatment program within the Riverside's wastewater system service area, including those portions of any community's service area that is tributary to the RWQCP. 7.2 Colton shall either establish a Pretreatment Program that satisfies the requirements of and has been approved by the Regional Board or become a party to Riverside's EPA -approved Pretreatment program and shall adopt an appropriate Pretreatment Ordinance. The Parties' obligations under this Agreement are subject to the establishment by Colton of either a Pretreatment Program or, in the alternative, becoming a party to Riverside's Pretreatment Program and adoption of a Pretreatment Ordinance. The proposed Pretreatment Ordinance shall be substantially the same form as Chapter 14.12 of City of Riverside Municipal Code, as amended from time to time. After adoption, Colton shall not materially amend the Pretreatment Program or Pretreatment Ordinance as it relates to the portion of Colton described in Exhibit "A" without the express written consent of Riverside and any applicable regulatory agencies, which consent shall not be unreasonably withheld, conditioned or delayed. 8. Quantity Exceedance by Colton. Pursuant to the terms of this Agreement, Riverside is obligated to temporarily accept, for treatment and disposal, wastewater generated by a portion of Colton as described in Exhibit "A" in an amount not to exceed One Million (1,000,000) gallons per day. At Colton's expense, Riverside shall meter such wastewater at the mutually agreed upon "Point of Connection". When the amount of such wastewater exceeds Eighty Hundred and Fifty Thousand (850,000) gallons per day, Riverside shall notify Colton. The Parties shall then meet and confer, in good faith, and enter into an agreement, if necessary, to take certain measures to mitigate any future increased growth which shall or may generate wastewater in excess of One Million (1,000,000) gallons per day, including the establishment of a temporary moratorium on development in the portion of Colton described in Exhibit "A" until either Riverside or another entity is able to provide wastewater treatment for the amounts in excess of the One Million (1,000,000) gallons per day. 9. Measurement And Records Of Wastewater. Riverside shall meter and determine the quantity and quality of wastewater, which is delivered into RWQCP by Colton, and shall also measure and determine both the quantity and the quality of effluent discharged from the RWQCP. Colton shall construct, at its cost, a metering station immediately upstream of the connection to Riverside's sewer system. The metering station shall be to Riverside's specifications and shall measure quantity and provide for sampling to determine sewage quality. Riverside thereafter shall maintain and operate the metering station, as may be necessary. The measuring devices within the metering station shall be examined, tested and serviced regularly to 3