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(ii) No Wastewater discharged by GRE to the WWTP shall exceed the <br />Discharge Parameters set forth in Section 5 of this Agreement. <br />4.2.3 Exceedance of any dischazge limit or Discharge Parameter by GRE shall <br />be considered a discharge limitation violation subject to the penalty <br />previously defined within this Permit, which GRE shall pay to the City for <br />such violations. <br />4.3 Modification of Discharge Parameters. <br />4.3.1 General. City reserves the right to modify the Dischazge Para.meters and <br />add new Discharge Parameters if City has good cause. "Good cause" shall <br />include, but is not limited to a change or addition required by a change in <br />the discharge characteristics permitted under the NPDES Permit issued by <br />the MPCA to City; a change in the discharge characteristics permitted by <br />Minnesota law; a change which is reasonable and necessary due to a <br />significant change in the characteristics of the discharge; and a change <br />necessary to maintain compliance with effluent limits specified in City's <br />NPDES Permit. City will provide GRE sixty (60) days written notice of <br />proposed permanent modifications or additions to the discharge <br />parameters prior to their proposed effective date, and GRE shall have <br />thirty (30) days after such notice to object to such modified or additional <br />discharge parameters. <br />4.3.2 Emergency Conditions. Notwithstanding Subparagraph 4.2.1, City <br />reserves the right to modify existing Discharge Paxameters and to add new <br />Discharge Parameters to respond to emergency conditions. "Emergency <br />conditions" means preventing damage to the WWTP, repairing or <br />replacing damaged or failed equipment in the WWTP, recammendations <br />by City's engineer, and maintaining compliance with the conditions of the <br />NPDES Permit. City will provide GRE twenty-four (24) hours' written <br />notice prior to modifications or additions to the discharge parameters to <br />respond to emergency conditions taking effect. <br />5. Measurement and Testing of Wastewater Discharge. <br />5.1 The City may conduct such sampling and testing of the Wastewater as it deems <br />necessary and appropriate. The Ciry shall provide GRE with copies of alI data <br />and sha11 allow GRE, at its sole risk and expense, to observe such sampling and <br />testing. Upon not less than five (5) business days prior written notice, GRE shall <br />have the right to inspect and review during normal business hours all records <br />maintained by the City relating to sampling and testing of the Wastewater. <br />5.2 Prior to pumping any Wastewater to the WWTP, GRE shall collect a <br />representative sample of the Wastewater and have it analyzed by a Minnesota <br />state certified laboratory. The frequency and parameters to be analyzed far are as <br />follaws: <br />4 <br />