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(iii) In the event of a bona fide emergency, any affected Party may proceed with <br />enforcement measures it reasonably deems necessary to protect the shared sanitary <br />sewers within its jurisdiction, but such Party shall notify the other Party of such <br />action as soon thereafter as possible. <br />(iv) Either Party, upon becoming aware through its monitoring or inspection or by <br />information received from a discharger or a third party, of any discharge originating <br />within any area within its jurisdiction that is tributary to a shared sanitary sewer <br />within the other Party's jurisdiction, which presents an imminent danger to the public <br />health, safety or welfare, or the environment, or which threatens to interfere with the <br />operation of the other Party's sewerage system, shall immediately notify the other <br />Party of such discharge. Each Party shall also immediately inform the other Party of <br />any discharger within such tributary areas which has been determined by such Party <br />to be in non-compliance with the terms of its discharge permit or such Party's <br />Discharge Regulations and of what enforcement action is proposed to be taken by <br />such determining Party. <br />(c) City Delegation of Secondary Enforcement Authority to District <br />(i) Delegation of City's Enforcement Authority to District. To the extent permitted by <br />law, City hereby delegates to District, the limited authority necessary, within the <br />scope of this Agreement, to enforce City's Discharge Regulations and the teens and <br />conditions of any sewer connection or discharge permits applicable in the service <br />areas within the City's jurisdiction which are tributary to the shared sanitary sewers <br />located within District's jurisdiction. <br />(ii) Secondary Enforcement by District. Within those portions of City's service areas that <br />are tributary to shared sanitary sewers located within the District's jurisdiction, if the <br />District makes a determination that enforcement or additional enforcement is <br />necessary in a particular instance, and if the City has not initiated the enforcement or <br />additional enforcement, the District shall be entitled to proceed independently to <br />pursue enforcement as it deems appropriate; provided that the District has first <br />requested that the City respond with the appropriate enforcement and the City has <br />failed to respond within a period of time that is reasonable (based on the urgency of <br />the circumstances). Except in an emergency, if the District determines to take <br />independent actions pursuant to this paragraph, it shall first notify the City as soon as <br />possible, but not less than twenty-four (24) hours in advance of the intended <br />enforcement action. Such notice may be given in writing or by telephone or by <br />electronic communication or facsimile, confirmed in writing. <br />(d) District Delegation of Secondary Enforcement Authority to City. <br />(i) Delegation of District's Enforcement Authorityty. To the extent permitted by <br />law, District hereby delegates to City, the limited authority necessary, within the <br />scope of this Agreement, to enforce District's Discharge Regulations and the terns <br />and conditions of any sewer connection or discharge permits applicable in the service <br />579613.1 7 <br />