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ase No. 92-CW-059, Findings of Fact, Conclusions of Law and Decree of the Court Approving Conditional Appropriative Rights of Substitution and Exchange, Application of The City of Black Hawk, Page 16 34.0,(3) Ifthe design and construction costs for the TWT for the New Plant exceed $1,500,000 (2000 dollars), the Funding Parties agree to meet and to use their best efforts to agree on how to allocate and fund the cost in excess of $1,500,000. If the technical staff of the respective Funding Parties cannot develop a mutually acceptable funding agreement, the City Managers and/or the parties' authorized officers will meet to use their best efforts to develop an acceptable funding agreement for the design and construction costs of the TWT in excess of $1,500,000 (2000 dollars). 34.d. The District will be responsible for all operation and maintenance costs associated with the New Plant, including the BNR and the TWT. 34.e. The BNR and TWT at the New Plant will meet seasonal poundage goals on nutrients. These seasonal poundage goals will be calculated using the actual flow rate at 0.3 milligrams per liter (mg/I) of total phosphorus ("TP") and 10 mg/I of total inorganic nitrogen ("TIN"). The seasonal poundage goals shall be computed over the following two Seasons: November 1 through March 3] and April 1 through October 31, 34.e.(1) Discharges on a daily basis at the New Plant that exceed 0.6 mg/I of TP will be considered phosphorus excursions, and shall be limited to no more than thirty (30) days per Year. Discharges at the New Plant on a daily basis that exceed ZO mg/1 of TIN shall be considered nitrogen excursions, and shall be limited to no more than thirty (30) days per Year. 34.f. The District will use its best efforts to operate and maintain all of the New Plant' s processes, including the BNR and the TWT. The District will use its best efforts to run its entire wastewater flow through the BNR and TWT process trains at all times. 34.g. The District will continue to operate its existing plant on North Clear Creek, including existing BNR facilities (the "Existing Plant"), until the New Plant is fully permitted and operational. The Existing Plant will have seasonal poundage goals calculated based on the actual flow rate at concentrations of I.0 mg(1 of TP and ] 0 mg(1 of TIN computed over the following two Seasons: November 1 through March 31 and April 1 through October 31. 34.g.(1) Discharges on a daily basis at the Existing Plant that exceed 2.0 mg/I ofTP shall be considered phosphorus excursions and shall be limited to no more than thirty (30) days per Year. Discharges on a daily basis at the Existing Plant that exceed 20 mg/I of TIN shall be considered nitrogen excursions, and shall be limited to no more than thirty (30) days per Year.