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<br />-28- <br />15966623.2 <br />Section 21. Amendments <br />This Agreement may be amended only by an agreement approved and executed in <br />writing by the governing bodies of all of the Agencies. In the event another governmental entity <br />adopts a law or regulation, which materially impacts the manner in which the Authority <br />functions, it is anticipated that amendment or termination of this Agreement will be required. <br />Section 22. Authority Use of Agencies' Emergency Outfalls and Flow Equalization Storage <br />During the Term, all Agencies will continue to permit the Authority to utilize Agency <br />owned and operated outfalls for emergency relief as detailed in approved Policies and <br />Procedures. In no event will Union be required to comply with any Authority request to <br />temporarily utilize its outfall. Further, the Authority may request that one or more Agencies <br />utilize Agency owned and operated flow equalization storage facilities in order to manage wet <br />weather flows or facilitate maintenance activities, in accordance with approved Policies and <br />Procedures. In no event will any Agency be required to comply with any Authority request to <br />temporarily utilize its flow equalization storage. <br />Section 23. Brine Disposal and the Development and Use of Recycled Water <br />(a) Development and Use of Recycled Water. <br />The Authority and the Agencies support the development and use of recycled water. The <br />volume of flow that an Agency recycles that does not utilize any Authority Facilities will not be <br />included in the effluent flow reported by the Agency for the purposes of calculating O&M <br />Variable Costs. To the extent that recycled water is conveyed or pumped using Authority <br />Facilities, it will be included in the Agency’s reported effluent flow. Water recycling by the <br />Authority and by any Agency will be conducted in accordance with the Authority’s Water <br />Recycling Policy, as it may be updated from time to time. <br />(b) Disposal of Brine. <br />The Authority and the Agencies acknowledge that use of the Authority’s Bay Outfall <br />may provide an environmentally beneficial and cost-effective method of disposing of brine. The <br />Agencies desire that both volume and pollutant loading capacity in the Facilities be available for <br />disposal of brine generated from an Agency’s production of recycled water. <br />698