Resolution 1992-06 - Laserfiche WebLink

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(d) Superior shall not issue additional taps under any circumstances where the use of such taps is reasonably likely to cause or exacerbate a public health hazard or a violation of an applicable state or federal law or cause Louisville to violate its NPDES (National Pollutant Discharge Elimination system) permit. Provided, however, that nothing herein contained shall be construed to authorize Louisville to deny any of the taps described in paragraph 3 based on any limitations on quantity of discharge contained in Louisville's NPDES permit, except as required by law. The flow from such taps shall be conveyed through the superior collection system (existing and future) to the Louisville Southside interceptor, identified by Exhibit 3. No limitation or restriction in the capacity of the Louisville southside interceptor shall, however, justify any denial of the three hundred twenty-eight (328) SFE taps described in this paragraph 3. Any requests for taps above such three hundred twenty-eight (328) SFE taps 'shall be subj ect to the provisions of paragraphs 5, 6, and 7 of this Agreement. 4 . By December 31 0 f each year, commenc ing on the first year in which Superior has acquired eighty percent (80%) of the sewer taps described in paragraph 3 above, superior shall provide to Louisville a written five year projection of estimated sewage flow. Louisville may justifiably rely on the projections in planning incremental facility expansion. Superior shall provide Louisville notice of approved subdivisions and site plans with estimated build out schedules which are located in the area subj ect to this Agreement. 5. within sixty (60) calendar days of receipt of the written five year projection, Louisville shall advise Superior, in writing, as to whether sufficient sewage treatment capacity will be available for the estimated sewage flow. 6. Louisville agrees to accept additional flows from Superior, above and beyond those described in paragraph 3, to the extent that, in Louisville's sole judgment, the additional flows do not restrict or detrimentally impact capacity of the Louisville system existing at the time of acceptance. (a) If it is determined by Louisville, in its sole discretion, that the system will accommodate such additional flows or projected additional flows, and if Superior wishes to reserve future taps beyond those identified in paragraph 3, Superior shall deposit with Louisville the sum of thirty percent (30%) of the tap fee applicable at the time of payment to reserve a tap solely for use by Superior. The reserved taps must be utilized within five (5) years of the date the deposit is paid or credited, or superior's right to the capacity will terminate. If this time period expires or Superior requests prior to the expiration of the five (5) years the repayment of the deposit or other allocation of 3