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<br />SECfION 3 <br />OWNERSHIP, CAPACITY AND MAINTENANCE <br /> <br />3.1 Ownership. Upon substantial completion of the Interceptor Line and initial <br />accepta.'1ce thereofby St. Vrain, St. Vrain shall own, operate, maintain, repair and replace the <br />Interceptor Line; provided, however, that in the event Tri-Area is not Dissolved. Tri-Area s~alI at <br />all times have the right to utilize so much of the carrying capacity of the Interceptor Line as is <br />necessary to convey all wastewater generated from or arising within Tri-Area's territorial <br />boundaries as well as all wastewater that is received and transported by Tri-Area from that <br />portion ofDacono Sanitation served by Tn-Area as the same now exists or may hereafter be <br />amended with tie prior written approval ofSt. Vrain, which shall not be unreasonably withheld, <br />conditioned or delayed. <br /> <br />3.2 Future Connections. In addition to the above-described capacity rights in the <br />Interceptor Line, Tri-Area shall have the right to make connections to the Interceptor Line from <br />time-to-time upon St. V~in's prior wdtten approval, which approval sball not be unreasonable <br />wit~eld, conditioned or delayed. <br /> <br />SECTION 4 <br />OPERATION OF TRI.AREA WASTEWATER SYSTEM <br /> <br />4.1 Ooeration Services. In the event Dissolution is not approved by the Tri-Area <br />voters, or if for any other reason Tri-Area is not dissolved effective as of January I, 2008, <br />St. Vrain shall, upon request by Tn-Area. effective as of January 1,2008, assume full <br />responsibility for operating and maintaining Tri-Area's wastewater collection system and <br />wastewater treatment plant until such time as 81. Vrain can provide total wastewater service to <br />Tn-Area as more particularly described in Section 6 below. By way of explanation and not <br />limitation, St. Vrain shall provide all administrative, operation and maintenance services needed <br />for the perfonnance of Tri-Area's wastewater function, including but not limited to acting as or <br />designating a responsible operator in charge for Tri-Area's wastewater collection system and <br />wastewater treatment plant until such time as the Interceptor Line is constructed and activated so <br />St. Vrain can provide total wastewater service to'Tn-Area as more particularly described in <br />paragraph 6 below. The foregoing shall hereinafter collectively be referred to as Operation <br />Services. St. Vrain shall provide shall Operation Services only until such time as St. Vrain can <br />provide total wastewater service to Tri-Area pursuant to Section 6 below. <br /> <br />4.2 Comuliance with Law. ~t. Vrain shall perform Operation Services under this <br />Section 4 in accordance vlfith the Dacono Agreement and in accordance with all applicable <br />federal and state laws, and all applicable rules, regulations, standards, including all applicable <br />wastewater discharge and water quality regulations in effect at the time of this Agreement or as <br />the same may be amended from time-lo-time, whether adopted by the U.S. Environmental <br />Protection Agency or the Colorado Department of Public Health and Environment. In particular, <br />St. Vrain shall operate the Tn-Area wastewater collection system in full compliance with the <br />Consent Order aJ:d Tri-Area's current discharge pennit. <br /> <br />5 <br />