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<br />-23- <br />15966623.2 <br />caused the unpermitted discharge or violation and the General Manager's determination is <br />subject to appeal to the Commission in accordance with applicable Policies and Procedures. <br />(b) Effluent Violation. <br />The Authority will cause the combined effluent of all Agencies, as well as the receiving <br />water of the combined discharge, to be monitored to determine whether or not federal and/or <br />state discharge requirements are being met. In addition, the Authority will cause the effluent of <br />each Agency to be monitored. If the combined effluent of all Agencies at the point of ultimate <br />discharge into the receiving water fails to meet discharge requirements, the Agency or Agencies <br />responsible for the violations will be solely responsible for any fines levied or criminal sanctions <br />imposed. Upon notification of such violation, the Agency or Agencies must take prompt, <br />corrective action as necessary to meet said discharge requirements. <br />If any Agency fails to take such action, the Authority, by unanimous vote of the <br />Commission (excluding those members of the Commission who are representatives of the <br />Agency or Agencies who are in violation of the discharge requirements), may elect to do either <br />one or both of the following: <br />(1) Undertake the operation of existing facilities or construction and operation of <br />additional treatment facilities as necessary to meet said discharge requirements at <br />the cost and expense of the violating Agency(ies). <br />(2) Impose a prohibition on additional connections to the collection system of the <br />Agency(ies) in violation. <br />In the event that one or more Agencies are obligated to provide additional levels of <br />treatment to meet waste discharge requirements for the combined effluent, all Agencies requiring <br />the additional levels of treatment will participate in the costs of such treatment based on their <br />proportionate contribution of waste characteristics to be treated and the costs of providing such <br />treatment. Nothing in this Section will preclude one or more Agencies from providing additional <br />levels of treatment to ensure compliance with waste discharge requirements for the combined <br />effluent. <br />(c) Indemnification. <br />To the extent permitted by law, the Agency(ies) that fail to meet discharge requirements <br />will indemnify, keep and save harmless the Authority and the other non-violating Agencies and <br />693