Resolution 4756 - Laserfiche WebLink

Port Gardner Bay Outfall Replacement Agreement combined discharge approaches or exceeds permit conditions or if the Outfall fails or is in danger of failing to perform as permitted, the Participants will cooperate through the PRT to identify the cause of the problem. 12.4.2 If the cost of unbudgeted studies or regulatory costs (including any appeals) must be incurred before the proportionate responsibility of the Participants of the environmental problem can be determined, each Participant shall be responsible for its proportionate share of those costs, subject to a Participant's right to recoup or be indemnified by the other Participant after the proportionate responsibilities of the Participants for the environmental problem are determined. 12.4.3 If responsibility for an environmental problem is ambiguous, cannot be reasonably allocated or is apparently and substantially caused by both Participants' effluents, each Participant will pay its proportionate share of the cost of corrective or remedial action, including any modifications to the Joint Use Facilities, which share shall correspond to K-C's and the City's percentage interest in the Capacity of the Joint Use Facilities (initially 50.5% and 49.5%respectively). Any corrective actions needed upstream in either of the Participant's Other Facilities will be borne by that Participant (unless one Participant is correcting the other Participant's problem). In the event a Participant must pay any fine or judgment or take corrective action that is caused in whole or in part by the other Participant, then that Participant may make a claim against the other Participant under Article 19 (Indemnity). 26 of 46