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3. DSRSD will operate the Clean Water Revival project at no more than a l mgd annual <br /> average rate for the first five (5) years of operation and then increase the rate only if <br /> no water quality problems are documented. DSRSD will reduce operations <br /> appropriately at any time water quality. problems arise or are anticipated. If any water <br /> quality, problems occur which prevent reuse and require disposal. the reclaimed water <br /> shall be disposed through the LAVWMA system and not into the Main Groundwater <br /> Basin. If there is an increased risk of a LAVWMA wet weather overflow as a result <br /> of increased DSRSD connections, DSRSD will proceed immediately with the <br /> construction of adequate storage to eliminate any increased risk of LAVW'MA wet <br /> weather overflow. As part of the Engineer's Report, DSRSD will prepare a detailed <br /> section for presentation at the State Department of Health Services hearing on the <br /> Clean Water Revival project summarizing the options considered for the disposal of <br /> the water produced by the. project and the reasons for selecting the adopted well sites. <br /> DSRSD will consult with and make presentations to Pleasanton concerning the <br /> contents and conclusions of the Report regarding well sites. Upon acceptance of the <br /> well locations by Pleasanton or approval of the Engineer's Report by DOHS, <br /> Pleasanton will allow the challenge period for the Clean Water Revival project <br /> environmental documents to expire without filing a challenge. Until that occurs, <br /> DSRSD agrees to extend the existing tolling agreement. <br /> <br />4. Pleasanton will process the construction permitting for Clean Water Revival in a <br /> manner similar to any other utility project being constructed within the City of <br /> Pleasanton. <br /> <br />5. DSRSD will make water from Clean Water Revival available to Pleasanton for <br /> irrigation purposes and make reasonable accommodations during design to facilitate <br /> use of the water by Pleasanton. <br /> <br />6. Disposal Capacity Rights and Recycled Water Rights (as those terms are used in the <br /> November 3, 1992 Agreement for Wastewater Disposal Services between DSRSD <br /> and Pleasanton) from the Clean Water Revival project will be proportioned as <br /> provided in the November 3, 1992 Agreement once the LAVWMA wastewater <br /> disposal expansion project is placed into operation. Until the LAVWMA wastewater <br /> disposal expansion project is placed into x~peration, DSRSD will have exclusive use <br /> of the foregoing fights from the Clean Water Revival project. <br /> <br />7. Pleaton agrees not to challenge the Berrenda Mesa project certified and selected <br /> by Zone 7 provided that: 1 ) Zone 7 follows the prescribed administrative steps to <br /> certify the EIR and approve the project; and 2) the selected project does not reduce <br /> the current water supply reliability or quality. <br /> <br /> 04/! 0/97 <br /> <br /> <br />