F.4  Raw Water Sampling and Data Collection Program

(a)  The Company shall commence a program of sampling and analysis of the Raw Water not later than the Signature Date, except for the program of turbidity sampling and testing which shall commence no later than 2 month(s) after the Signature Date, in order to establish jointly with the Agency before the Required Provisional Operations Start Date a baseline ("Raw Water Quality Baseline") for the types, quantities, and concentrations of the impurities contained in and transported by the Raw Water that the Company shall use for designing the Facilities.

(b)  The Company shall engage the services of an independent laboratory or laboratories, which shall be subject to the prior written approval of the Agency (each, an "Independent Laboratory"), to take samples and analyze Raw Water. The analyses of the Raw Water shall include but not be limited to the Raw Water Quality Parameters listed in Table F.1 (Raw Water Quality Parameters). Each Independent Laboratory shall be at least certified by the Department of Health and/or the Department of Environment and Natural Resources and shall be independent of and have no conflict of interest with the Company or the Agency. The results of this program shall be communicated to the Agency at monthly intervals in reports that provide details of the time and quantity of each sample and the results of every analysis carried out. The Agency shall also be notified in advance of when the samples are to be taken and shall be given the opportunity to be present or represented when the samples are taken.

(c)  The Company shall provide the Agency with a design report detailing the results of the sampling and analysis program and setting out and substantiating the margins of increased levels of impurities in the Raw Water over the present levels that the Company has allowed for in the design of the Facilities, and contingent planned reinforcements and extensions.

(d)  After the Provisional Operations Start Date, the Company shall continue to take samples of the Raw Water in accordance to Table F.1 and analyze these for the impurities the Company considers to be critical for the continued ability of the Facilities to convert Raw Water into Treated Water at the rates and to the standards specified in this Agreement. The Company shall provide the Agency with monthly reports indicating the minimum, average, and maximum values for each Raw Water Quality Parameter when any of the Critical Parameters or Non-Critical Parameters has exceeded the corresponding maximum level as specified in Table G-1 (Treated Water Quality Specifications) of Schedule G (Treated Water Quality Specifications).

(e)  If (i) a Raw Water Quality Parameter has continuously exceeded the average value, as established in the Raw Water Quality Baseline, by at least 50% for more than twelve (12) months and (ii) such condition is outside the design conditions of the Facilities set out in Schedule A (Design and Technical Specifications), then the Company shall be deemed to be affected by an "Exceptional Raw Water Quality Deterioration Event" and the provisions of Section 8.3.2 shall apply. If a Raw Water Quality Parameter has exceeded its maximum recorded value, as established in the Raw Water Quality Baseline, by at least 100% continuously for forty-eight (48) hours and such condition is outside the design conditions of the Facilities set out in Schedule A (Design and Technical Specifications), the Clause G.5.1 (b) shall not apply for the lesser period of time of that the Raw Water parameter remains continuously at least 100% above maximum recorded value in Raw Water Baseline or fifteen (15) Days. If a Raw Water Quality Parameter has exceeded its maximum recorded value, as established in the Raw Water Quality Baseline, by at least 100% continuously for fifteen (15) days and such condition is outside the design conditions of the Facilities set out in Schedule A (Design and Technical Specifications), then the Company shall be deemed to be affected by an "Exceptional Raw Water Quality Deterioration Event" and the provisions of Section 8.3.2 shall apply and the Clause G.5.1 (b) shall not apply for the period of time period of time required by the Company to upgrade the Facilities. The Company must, however, exert , and document, best efforts to identify the cause of the change in the Raw Water quality and undertake all necessary measures to correct, and if not possible, to mitigate, the cause of the change in the Raw Water quality before exercising its right to an Exceptaional Raw Water Quality Deterioration Event under Section 8.3.2.

(f)  If the Raw Water quality deteriorates to the point that as a direct consequence the Treated Water, as defined in Schedule G, cannot be provided, testing of the Raw Water shall be conducted as frequently as the Company deems necessary to determine if the deterioration of the Raw Water is a temporary or permanent condition that can only be cured with a change in the design of the Treatment Facility.

Table F-1: Raw Water Quality Parameters for Baseline Data Gathering before Provisional Operations Start Date

*  method(s) of analysis under the PNSDW not listed above are acceptable method(s)