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C//7 <br /> • 4-CONTRACT FOR MANAGEMENT OF <br /> . PRIVATE WASTE DISPOSAL SYSTEM <br /> • <br /> 17.3 Any failure to pay when due the full amount of any inspection fee', collection fee, sewage <br /> waste, receiving or dumping fee to a sewer utility receiving the sewage from OWNER's site, or other <br /> charges which are payable by the OWNER In the performance of the covenants hereof; or <br /> 17.4 Change in the status or position of OWNER under such terms as may, in the judgment of the <br /> HEALTH DISTRICT, place the performance of the Contract in jeopardy or default;or <br /> 17.5 Change in the facility to be served by the holding tank; it Is clearly understood by OWNER <br /> that the holding tank into beutilized only to serve a wood chip loading facility as set forth In the application <br /> of OWNER and has not been approved to serve additional facilities. <br /> • 17.6 Failure to comply within ten (10) days, or such other reasonable time period as may be <br /> prescribed by a Health Officer acting in the interest of public health, safety and welfare, with any reasonable <br /> . order of such Health Officer to OWNER,or to any person dealing with OWNER, In the use or occupancy of <br /> the site. <br /> 17.7 Any overflow onto or into the ground, ground waters or surface waters, which Is not the <br /> subject matter of immediate, reasonable steps to repair or rectify the condition, or the overflow onto or Into <br /> the ground waters or surface waters occurring on more than one occasion due to OWNER's failure to <br /> properly manage the operation of system. <br /> • 17.8 Failure to maintain on a continuous basis a qualified company to pump and haul from the <br /> holding tank. <br /> 18.0 Upon notice to OWNER of any such "event of default," and OWNER's failure to promptly <br /> correct such default, OWNER's occupancy, and that of any person claiming under him of the premises, shall <br /> cease and terminate, and utilization of OWNER's site shall not be resumed until evidence that the sewage <br /> system serving the OWNER's site can be properly operated, as determined by the SNOHOMISH HEALTH <br /> DISTRICT, the HEALTH DISTRICT further shall have the immediate right to pursue the following additional <br /> remedies: <br /> 18.1 The HEALTH DISTRICT shall have all remedies provided by law. <br /> 18.2 To obtain reimbursement from OWNER for reasonable attorney fees and costs, and in the <br /> event of court action, court costs incurred by the HEALTH DISTRICT in the enforcement of this agreement; <br /> PROVIDED, that before OWNER shall become obligated to pay attorney fees and court costs incurred in <br /> any court proceeding, the HEALTH DISTRICT shall have had to substantially prevail in such proceeding;or <br /> OWNER pursued or completed compliance only after commencement of the court action. <br /> 18.3 To impose civil fines as allowed by law. <br /> 18.4 To impose reasonable additional conditions for OWNER's renewed use and/or occupancy. <br /> 19.0 It is understood that any such Health Officer's Order or notification may require action by the <br /> OWNER or its occupants or users of OWNER's site. Any notice or other communication from the HEALTH <br /> DISTRICT to the OWNER under or pursuant to this agreement or required by any statute shall be addressed <br /> to the mailing address of the OWNER as herein stated and shall be deemed sufficient service for purposes <br /> of this agreement when deposited in the United States Mail properly addressed with postage prepaid to <br /> such address. <br /> VOL. 2399pAGE19 7 2 <br />