Reso 2020-067 Asset transfer with East Bay Dischargers

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(b) Temporary Capacity Exceedance Should any Agency exceed its Maximum Flow Rate Capacity it will make best efforts to reduce its flows to within its allocated capacity. Capacity exceedance fees will be calculated as follows: (1) First Exceedance: No charge for an Agency that exceeds its Maximum Flow Rate Capacity, based on a 3 -hour average, the first time in a Fiscal Year. An Agency's first exceedance will not exceed twenty-four hours, and after such 24 hour period, any continuing exceedance will be considered a second exceedance. (2) Subsequent Exceedances: Any Agency that exceeds its Maximum Flow Rate Capacity, based on a 3 -hour average, for the second and each subsequent exceedance in a Fiscal Year, will be charged $0.005/gallon of exceeded flow. The Authority will calculate an exceedance based on the formula set forth in Schedule D. Notwithstanding the foregoing, any discharge by Union to the Hayward Marsh pursuant to the Hayward Marsh MOU, will be subtracted from Union's total flow for the purposes of determining whether Union has exceeded it Maximum Flow Rate Capacity. All capacity exceedance fees will be applied to, and reduce the total of, the fixed operating costs due from the non -exceeding Agencies' fixed operating costs for that or the following Fiscal Year. Any costs related to an unpermitted discharge or other violation due to the exceedance of one or more Agencies will be allocated as set forth in Section 16(a). (c) Temporary Capacity Exceedance at the Request of the Authority. Notwithstanding the foregoing, the Authority may request that one or more Agencies temporarily exceed their Maximum Flow Rate Capacity in order to preserve the Agency(ies)' capacity in storage, in accordance with approved Policies and Procedures. Agencies complying with an Authority request to exceed their Maximum Flow Rate Capacity will not be charged capacity exceedance fees, nor will any such exceedance count as an Agency's first exceedance under Section I I (b) above. In no event will any Agency be required to comply with any Authority request to temporarily exceed its Maximum Flow Rate Capacity. Authority requests to -17- 15966623.2