Res 2005-127 - Laserfiche WebLink

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City of San Marcos/Guadalupe-Blanco River Authority Water Treatment Facilities Service Contract Article VII - Performance reserves the right to change pumping strategies at any time and will promptly notify the Authority of any such changes. SECTION 7.8. RELEASES. LEAKS AND SPILLS. (A) Unauthorized Releases Prohibited. The Authority shall operate the Facilities in such a manner that Finished Water, Residuals or chemicals will not contaminate, or be bypassed, released, leaked or spilled on or into, the environment, other than as permitted by the more stringent of Applicable Law or the applicable Contract Standards. (B) Notification and Reporting. The Authority, while contemporaneously notifying the City, shall be responsible for fulfilling all notification of and reporting requirements established by Applicable Law related to any unauthorized release of Finished Water, Residuals or chemicals into the environment from or in connection with its operation and management of the Facilities. The Authority shall prepare a memorandum evidencing such notification and reporting, and provide copies thereof to the City, along with any documents provided to the relevant Govemmental Body regarding the release. (C) Cleanup and Costs. The Authority shall coordinate with the City and the appropriate Govemmental Bodies in effectuating the prompt remediation of any unauthorized release. The Authority shall, in the most expeditious manner possible under the circumstances, cause any unauthorized release of Finished Water, Residuals or chemicals to be remediated in accordance with Applicable Law. All costs associated with performing any such cleanup and remediation measures shall be bome by the Authority, except to the extent the unauthorized release of Finished Water, Residuals or chemicals resulted from an Uncontrollable Circumstance or City Breach. SECTION 7.9. PRE-EXISTING ENVIRONMENTAL CONDITIONS AND SPECIFIED SITE CONDITIONS. Within sixty (60) days of the Contract Date, the City shall notify the Authority of any Pre-Existing Environmental Condition or Specified Site Condition known to the City related to the Facilities. The Authority shall operate and manage the Facilities so as not to aggravate the effect of any Pre-Existing Environmental Condition or Specified Site Condition known to the Authority. If at any time a Pre-Existing Environmental Condition or Specified Site Condition is determined to exist which (1) requires an action under Applicable Law, (2) interferes with the performance of the Contract Services, or (3) increases the cost to the Authority of performing the Contract Services, then the City shall within [60] days after written notice from any Govemmental Body or the Authority of the presence or existence thereof, commence and diligently prosecute such actions as may be necessary to dispose of, remediate or otherwise correct the Pre-Existing Environmental Condition or Specified Site Condition or otherwise make the Pre-Existing Environmental Condition or Specified Site Condition comply with Applicable Law. The City shall have the right to contest any determination of a Pre-Existing Environmental Condition or Specified Site Condition and 52