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Port Gardner Bay Outfall Replacement Agreement <br /> Initial Term The period ending fifty(50)years after the Completion Date. <br /> Joint Use Facilities The facilities generally described in this Agreement, starting from <br /> where the effluent stream enters the K-C Mill to be combined with <br /> K-C effluent, including the conveyance line to the deep water <br /> outfall and the outfall diffuser, pipelines, associated equipment, <br /> appurtenances and fixtures constructed or purchased pursuant to <br /> this Agreement. <br /> Joint Use Facilities Cost All costs and expenses properly incurred for acquisition, <br /> permitting, design and construction of the Joint Use Facilities, <br /> provided such costs and expenses are fully documented to the City <br /> and reasonably necessary for the design, permitting, acquisition, or <br /> construction of the Joint Use Facilities, excluding, however, <br /> those costs and expenses paid pursuant to the MOU and for <br /> ordinary maintenance. <br /> K-C Mill K-C's pulp and paper mill in Everett,.Washington. <br /> MOU The Memorandum of Understanding Port Gardner Outfall <br /> Replacement Joint Use Facilities dated August 15, 1997. <br /> NPDES Permit The National Pollution Discharge elimination System permit <br /> issued by the Washington Department of Ecology, or its successor <br /> agency, required for operation of any facility that discharges <br /> effluent to the waters of the United States or the State of <br /> Washington. <br /> Operation The use of the Joint Use Facilities by the Participants after the <br /> construction, initial testing and start-up period. <br /> Operations Manual A document proposed by K-C to the PRT describing methods of <br /> operation and maintenance and insurance coverages, as approved <br /> by the PRT. <br /> Other Facilities Any capital improvement that is not defined as a Joint Use Facility, <br /> including each Participant's respective effluent transfer facilities to <br /> the Joint Use Facilities. <br /> Outfall Depending on its use in context, either the existing Port Gardner <br /> Bay Outfall owned and operated by K-C or that portion of the Joint <br /> Use Facilities that extends into Port Gardner Bay, including the <br /> diffuser section. <br /> Participant K-C or the City or their approved successors or assigns. <br /> POTW Publicly Owned Treatment Works owned by the City of Everett, <br /> Washington. <br /> 44 of 46 <br />