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39 <br />15966623.1 <br />SCHEDULE D <br />MAXIMUM FLOW RATE CAPACITY EXCEEDANCE CALCULATION <br />Fees associated with temporary exceedance of an agency’s Maximum Flow Rate Capacity will <br />be assessed according to the following formula: <br />Fee = (Average actual flow rate for the period of exceedance in MGD - Maximum Flow Rate <br />Capacity in MGD) * 106 gal ÷ 24 hrs * hrs of exceedance * $0.005/gallon Fees <br />will be assessed when a 3-hour rolling average exceeds the Maximum Flow Rate Capacity. No <br />fees will be assessed for the first exceedance in a given Fiscal Year. The first exceedance will end <br />when an Agency’s 3-hour average first drops back below its Maximum Flow Rate Capacity. If <br />the Agency’s 3-hour average stays above its Maximum Flow Rate Capacity, the first exceedance <br />will end after 24 hours. The start of a new 24-hour period will be considered the start of <br />a new exceedance. Notwithstanding the foregoing, any discharge by Union to the Hayward Marsh <br />pursuant to the Hayward Marsh MOU, will be subtracted from Union's flow for the purposes <br />of assessing a capacity exceedance fee.