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<br />pay to the City a monthly fee of $250.00 for each full month during which the Facility <br />does not generate electricity. <br /> <br />D. Hays Energy will pay to the City a guaranteed monthly maintenance minimum <br />charge of $1.833 per month. The City agrees to apply amounts paid under this subsection <br />can be applied as credited payment for amounts discharged within a two year rolling <br />window. The maximum creditable amount is $44,000. These amounts will change <br />proportionately as changes are made by the City in the residential retail wastewater <br />volume charge. Intentionally omitted. <br /> <br />B. Section 2.03 is amended in its entirety as follows (underlining indicates added text <br />and overstriking indicates deleted text): <br /> <br />Section 2.03. Facility Design, Construction and Operation. <br /> <br />~Hays Energy will design, construct and operate the Facility so that routine <br />discharges of the Wastewater are treated and disposed of through zero liquid discharge <br />equipment at the Facility. Hays Energy will utilize all commercially reasonable efforts to <br />construct, maintain and operate its zero discharge equipment in fully functional condition <br />at all times, and to discharge the Wastewater to the Wastewater Line only during periods <br />in which Hays Energy's zero liquid discharge equipment is not operational. Hays Energy <br />agrees to use all reasonable means to keep the duration of such periods to a minimum. <br />When discharge of the Wastewater by Hays Energy to the Wastewater Line is necessary, <br />Hays Energy will provide immediate notice to the City's wastewater treatment plant <br />personnel, and will ensure that the Wastewater discharged at the Transfer Point meets the <br />following parameters: <br /> <br />Characteristic <br />Discharge Volume <br /> <br />Parameter <br />Not more than 900.000500,000 gallons per day <br /> <br />Discharge Rate <br /> <br />Not more than 625 gallons per minute <br /> <br />Temperature <br /> <br />Not more than 880 F <br /> <br />LThe Wastewater discharged at the Transfer Point must meet all applicable <br />requirements of the Laws and Regulations (as defined below) governing wastewater <br />flows to the Treatment Plant. The parties anticipate that the Routine Treatment may not <br />be sufficient for adequate treatment of the Wastewater, and Hays Energy agrees to have <br />pretreatment facilities and processes in place to meet the City's industrial wastewater <br />discharge regulations prior to initiating discharge of the Wastewater to the Wastewater <br />Line. <br /> <br />C. To ensure the City's compliance with its state wastewater discharge permit, <br />protect river ecosystems. and comply with applicable stream standards, the City reserves <br />the right to limit Havs Energy's discharge volume and rate, to require Hays Energy to <br />schedule its discharges, and to require Hays Energy to temporarily cease its discharges. <br /> <br />2 <br />