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Port Gardner Bay Outfall Replacement Agreement <br /> 12.2 Operation Generally <br /> Upon completion and final acceptance of the construction, K-C shall operate and <br /> maintain the Joint Use Facilities in compliance with applicable laws, regulations, and this <br /> Agreement. To enable coordination among operating personnel, foster communication <br /> between the Participants and provide oversight, the PRT may draft and approve an <br /> Operations Manual. Changes or modifications to the Operations Manual must be <br /> approved by the PRT prior to becoming effective. K-C shall operate and maintain the <br /> Joint Use Facilities for the benefit of the Participants, and in compliance with any <br /> Operations Manual. <br /> 12.3 Maintenance <br /> The PRT may retain an independent consulting engineer to provide advice on the need <br /> and frequency for Outfall testing and monitoring and to resolve any differences between <br /> the Participants concerning the need, extent or methods for repair or replacement of the <br /> Joint Use Facilities. The cost of the independent engineer shall be included in the Annual <br /> O&M Budget for the year in which the independent engineer's work is performed. <br /> 12.4 Environmental Compliance during Operations <br /> 12.4.1 K-C and the City will each hold separate NPDES permits with specific <br /> requirements pertaining to their respective effluent. K-C and the City will <br /> monitor their respective effluent streams separately prior to their respective <br /> effluent streams being combined and discharged through the Joint Use <br /> Facilities. Each Participant will be responsible for compliance of their <br /> respective effluents with applicable laws, regulations and permits. If the <br /> 25 of 46 <br />