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5.2 Operating Standards. OCWD recognizes in the normal course of operating <br />a water system, the Treatment System and Impacted Wells may need to be turned off for routine <br />maintenance, seasonal demands, emergencies, accommodating in -lieu imported water deliveries, <br />and major repairs. Each Producer agrees to operate the Treatment System in a manner consistent <br />with industry standards and take actions in the same manner as a reasonably prudent water system <br />operator, with the understanding that the Treatment System funded by OCWD is intended to be <br />regularly used for daily treatment of groundwater as long as PFAS exceeds an RL or MCL in the <br />Basin in the vicinity of the well. The Parties understand and agree that Treatment Systems <br />constructed or funded by OCWD are not intended to be used as "stand by" treatment systems. <br />5.3 Compliance, Permits, Testing, Reporting. Each Producer shall obtain and <br />comply with any and all regulatory permits, permissions or approvals necessary to operate and <br />maintain the Treatment System. Producer shall operate and maintain the Treatment System in <br />accordance with state and federal regulatory requirements, prevailing industry standards, good <br />housekeeping practices, and equipment manufacturer recommendations and requirements. <br />Producer shall perform required water quality testing and reporting to verify the successful <br />operation of the Treatment System to comply with regulatory requirements. If a Producer fails to <br />timely perform testing and/or reporting in the future, then OCWD may in its reasonable discretion <br />assume responsibility from a Producer for required water quality testing and/or reporting and that <br />Producer shall timely pay OCWD all reasonable and necessary costs for that testing and reporting <br />or such costs shall be deducted from OCWD's reimbursement payments to the Producer per <br />Section 5.4. <br />5.4 Post -Completion inspection; Cost Recoupment. <br />A. OCWD will periodically inspect the Treatment System after the <br />filing of the Notice of Completion, to review the adequacy of Producer O&M activities. Producer <br />shall provide access to the Treatment System after receiving reasonable notice from OCWD. <br />B. To the extent OCWD finds that Producer is not adequately operating <br />and maintaining the Treatment System in accordance with industry standards and the <br />manufacturer's directions, OCWD will, in the following order: <br />1) meet with the Producer in attempt to resolve the inadequate <br />operation or maintenance; <br />2) formally notify the Producer of its obligation to properly <br />maintain and operate the treatment system and give the <br />Producer up to 120 days to remedy any OCWD finding of <br />inadequate maintenance and/or improper operational <br />protocols; <br />3) after 120 days, suspend O&M payments described in <br />Section 6.2 until such time as the Producer demonstrates to <br />OCWD that it is properly operating and maintaining the <br />treatment system; <br />26291022499-0087 <br />14979764.1 .04117/20 -8-