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Agenda – Water/Wastewater Committee 08/14/26 8:48 AM WATER/WASTEWATER UTILITY COMMITTEE AGENDA Plover Municipal Board Room 2400 Post Road Plover, WI 54467 Monday, August 17, 2026 5:00 p.m. 1. Call to order 2. Approval of the minutes of the meeting of June 15, 2026, as printed 3. Persons wishing to address the Committee 4. Approval of vouchers Discussion with possible action on the following: 5. Monogram Foods Moore Road discharge agreement renewal 6. Monogram Foods Post Road discharge agreement renewal 7. Water Quality Trade Agreement with Portage Solar Development 8. Fiber Extension to Pleasant Drive Water Plant 9. Village project change orders, substitutions, or construction approvals 10. Reports a. Water System Manager b. Wastewater System Manager 11. Adjournment subject to call of the chair NOTICE IS HEREBY GIVEN that a majority of the members of the Village Board may attend this meeting to gather information about a subject over which they have decision-making authority. VILLAGE OF PLOVER WATER/WASTEWATER UTILITY COMMITTEE June 15, 2026 Members Present: Gary Wolf, Steve Fritz, Adam Raabe, Ken Brekke, Marv Hopp Others Present: Steve Kunst, Julia Mann, Al Tessmann, Logan Elsholtz, Matt Saloun, Tracy Karnitz 1. Mr. Wolf called the meeting to order at 5:00 p.m. 2. Mr. Raabe moved and Mr. Brekke seconded approval of the minutes of April 9, 2026. Motion carried; copy attached. 3. Mr. Wolf welcomed Trustee Steve Fritz to the Utility Committee. There were no persons wishing to address the Committee. 4. Mr. Raabe moved, and Mr. Hopp seconded approval of the vouchers. Motion carried; copy attached. Discussion with possible action on the following: 5. 2025 WWTF Compliance Maintenance Annual Report (CMAR) Mr. Elsholtz reviewed the report to indicate a positive grading from the DNR. Mr. Brekke commended the Wastewater Department for a great job. ***RECOMMENDATION TO VILLAGE BOARD*** Mr. Brekke moved and Mr. Raabe seconded approval of the 2025 WWTF Compliance Maintenance Annual Report (CMAR). Motion carried; copy attached. 6. Wastewater Utility Budget amendment requests for: a. UV system replacement utilizing both Replacement funds for the equipment and Capital Outlay installation b. Neuros Blower Harmonic Filter replacements and upgrades as 2026 Capital Outlay Project Mr. Elsholtz reviewed both requests to indicate the UV system is degraded and will need replacing. Both requests were initially planned for 2027; however, funds are available within the current budget. Other projects with allocated funds will take place in 2027. ***RECOMMENDATION TO VILLAGE BOARD***Mr. Hopp moved and Mr. Raabe seconded approval of the Wastewater Utility Budget amendment requests. Motion carried; copy attached. 7. Engineering Services Agreement for Water System Improvements Mr. Saloun reviewed the memo and provided background. Staff recommends approval of Engineering Services Agreement to CBS Squared Inc. Discussion ensued regarding the design process, contingency plans, and the details of the project. ***RECOMMENDATION TO VILLAGE BOARD***Mr. Raabe moved and Mr. Fritz seconded approval of the Engineering Services Agreement for Water System Improvements to CBS Squared, Inc. Motion carried; copy attached. 8. There were no Village project change orders, substitutions, or construction approvals. 9. Reports a. Mr. Saloun reviewed his report to highlight Ms. Mann’s work on the PSC report. Discussion ensued regarding the abandonment of water services in the village that are no longer in use. b. Mr. Elsholtz reviewed the report. Discussion ensued regarding new employees that have reached their one-year employment milestone. 11. Mr. Brekke moved and Mr. Raabe seconded adjournment at 5:22 p.m. Motion carried. Submitted by Tracy Karnitz Village of Plover Payment Approval Report - Utilities WWTP Page: 1 Report dates: 6/12/2026-8/14/2026 Aug 14, 2026 09:49AM Report Criteria: Detail report. Invoices with totals above $0.00 included. Paid and unpaid invoices included. [Report].GL Account Number (3 Characters) = "600" Vendor Vendor Name Invoice Number Description Invoice Date Net Amount Paid Date Paid Voided Invoice Amount 600 3419 1ST AYD CORPORATION PSI890167 GLOVES 07/21/2026 197.30 197.30 07/31/2026 56 AECOM 2001167062 TO 1 &2 GENERAL ENGINEERI 07/28/2026 2,045.95 2,045.95 07/31/2026 150 APG-NEUROS INC 23901 NUEROS BLOWER HARMONIC 08/04/2026 16,917.00 16,917.00 08/07/2026 3876 AQUA-PURE INC PLOWI062926 POLYMER 07/08/2026 4,968.00 4,968.00 07/10/2026 186 ASPIRUS MEDICAL GROUP INC 159189 DOT RANDOM POOL 07/07/2026 72.50 72.50 07/10/2026 195 AT&T- NEW PHONES 831-001- 20 1344806112 JUNE 06/16/2026 162.88 162.88 06/19/2026 195 AT&T- NEW PHONES 831-001- 20 2083567114 JULY PHONES 07/21/2026 163.41 163.41 07/24/2026 3818 BAY TOWEL INC JULY 2026 UNI JULY 08/04/2026 448.93 448.93 08/07/2026 3818 BAY TOWEL INC JUNE 2026 UN JUNE 07/01/2026 335.75 335.75 07/02/2026 446 CELLCOM 196296 CELLCOM 06/23/2026 124.01 124.01 07/02/2026 446 CELLCOM 301742 CELLCOM 07/23/2026 124.04 124.04 07/31/2026 3946 CLARK DIETZ INC 449309 RIVER RD. LS ENGINEERING 06/10/2026 4,768.00 4,768.00 06/26/2026 555 CLIFTON LARSON ALLEN LLP L261401882 2025 AUDIT SERVICES 07/10/2026 2,261.70 2,261.70 07/10/2026 610 COOPER OIL COMPANY INC 286486 OIL AND GREASE 07/23/2026 720.50 720.50 07/31/2026 610 COOPER OIL COMPANY INC 352024 ROAD DIESEL 08/03/2026 1,573.60 1,573.60 08/07/2026 3922 CRITEX LLC INV-5830 MR MANHOLE CUTTER 06/29/2026 19,328.66 19,328.66 07/02/2026 660 CT LABORATORIES LLC 206042 INDUSTRIAL FOG TESTING 07/08/2026 1,350.00 1,350.00 07/17/2026 660 CT LABORATORIES LLC 206274 INDUSTRIAL FOG TESTING 07/08/2026 675.00 675.00 07/17/2026 660 CT LABORATORIES LLC 206659 INDUSTRIAL FOG TESTING 07/28/2026 675.00 675.00 08/07/2026 660 CT LABORATORIES LLC 206662 QTRLY EFF N TESTING 07/27/2026 38.00 38.00 07/31/2026 660 CT LABORATORIES LLC 206699 QTRLY SLUDGE ANALYSIS PO 08/06/2026 460.00 460.00 08/07/2026 660 CT LABORATORIES LLC 207187 INDUSTRIAL FOG TESTING 08/10/2026 975.00 .00 3399 DULSKE ENTERPRISES LLC 4015 CYLINDER REPAIR COSTS 07/21/2026 360.04 360.04 07/24/2026 800 E & B SCALE SERVICES INC 8386 ANNUAL LAB BALANCE SERVIC 06/10/2026 150.00 150.00 06/12/2026 866 ENERGENECS INC EINV0050530 GRIT PMP PARTS 06/10/2026 81.54 81.54 06/26/2026 874 ENVIROTECH EQUIPMENT CO 26-0027404 HYDRAULIC HOSE ASSEMBLY 05/14/2026 745.65 745.65 07/31/2026 3425 EO JOHNSON INV2005396 COPIER MAINT CONTRACT 07/31/2026 163.02 163.02 07/31/2026 919 FASTENAL COMPANY INC WISTE323264 HVAC FILTERS 06/15/2026 167.39 167.39 06/26/2026 3951 FEDEX 2-576-17989 SHIPMENT CHARGES 06/24/2026 25.00 25.00 07/02/2026 1158 HACH COMPANY 15032389 HACH CONTROLLER/SENSORS 06/05/2026 5,045.75 5,045.75 07/10/2026 3669 INVOICE CLOUD, INC 2822-2026_6 JUNE 07/07/2026 365.30 365.30 07/10/2026 3669 INVOICE CLOUD, INC 2822-2026_7 JULY 08/05/2026 298.92 298.92 08/07/2026 1488 KWIK TRIP INC JULY 2026 VIL JULY FUEL 08/04/2026 576.11 576.11 08/07/2026 1488 KWIK TRIP INC JUNE 2026 VIL JUNE FUEL 07/07/2026 322.92 322.92 07/10/2026 1692 MENARDS INC 43173 WWTF MAINT SUPPLIES 06/12/2026 139.23 139.23 06/12/2026 1692 MENARDS INC 43339 TRIMMER LINE 06/15/2026 10.99 10.99 06/26/2026 1692 MENARDS INC 43939 DEF 06/25/2026 65.97 65.97 06/26/2026 1692 MENARDS INC 43939 MAINT SUPPLIES 06/25/2026 16.84 16.84 06/26/2026 1692 MENARDS INC 45068 BUILDING SUPPLIES 07/15/2026 54.61 54.61 07/17/2026 1692 MENARDS INC 45217 MAINTENANCE SUPPLIES 07/17/2026 117.59 117.59 07/24/2026 1692 MENARDS INC 45853 BUILDING SUPPLIES 07/28/2026 98.81 98.81 07/31/2026 1692 MENARDS INC 45936 TRUCK TOOLS 07/30/2026 49.96 49.96 07/31/2026 1692 MENARDS INC 46006 SHOP TOOLS 07/30/2026 19.46 19.46 07/31/2026 1692 MENARDS INC 46505 DIESEL DEF 08/07/2026 87.96 .00 1692 MENARDS INC 46506 WWTF MAINT SUPPLIES 08/07/2026 55.20 .00 1790 MULCAHY SHAW WATER INC 327643 ALYZA ORTHO ANALYZER REPA 06/12/2026 479.61 479.61 06/26/2026 1811 NAPA - CENTRAL WI AUTO PAR 2607 VEHICLE MAINTENANCE 08/01/2026 327.72 327.72 08/07/2026 1833 NCL OF WISCONSIN INC 533472 NCL LAB SUPPLIES 03/23/2026 1,046.78 1,046.78 06/26/2026 1833 NCL OF WISCONSIN INC 539130 NCL LAB SUPPLIES 07/31/2026 983.57 983.57 08/07/2026 1881 NORTHERN LAKE SERVICE INC 2608908 MERCURY TESTING 06/02/2026 302.92 302.92 08/07/2026 Village of Plover Payment Approval Report - Utilities WWTP Page: 2 Report dates: 6/12/2026-8/14/2026 Aug 14, 2026 09:49AM Vendor Vendor Name Invoice Number Description Invoice Date Net Amount Paid Date Paid Voided Invoice Amount 1881 NORTHERN LAKE SERVICE INC 2612918 MERCURY TESTING 07/28/2026 392.98 392.98 07/31/2026 2020 PITNEY BOWES - RESERVE AC MAY-JULY 202 MAY-JULY POSTAGE 07/30/2026 139.96 139.96 07/31/2026 2020 PITNEY BOWES - RESERVE AC MAY-JULY 202 MAY-JULY POSTAGE 07/30/2026 73.62- 73.62- 07/31/2026 3789 ROBINSON, MICHAEL 260727 SAFETY SHOES 07/27/2026 134.50 134.50 07/31/2026 3424 SOLARUS 11920140 WWTF PHONE SERVICE 07/01/2026 17.35 17.35 06/26/2026 3424 SOLARUS 11925390 WWTF PHONE SERVICE 08/01/2026 17.29 17.29 07/31/2026 2528 SPEE DEE DELIVERY SERVICE 1503841 SPEE DEE DELIVERY SERVICE 07/04/2026 38.57 38.57 07/10/2026 2528 SPEE DEE DELIVERY SERVICE 1524539 SPEE DEE DELIVERY SERVICE 08/01/2026 42.88 42.88 08/07/2026 3707 STAFFORD ROSENBAUM LLP 207813 WQT LEGAL SERVICES 05/08/2026 2,875.00 2,875.00 07/24/2026 3707 STAFFORD ROSENBAUM LLP 211134 WQT LEGAL SERVICES 06/24/2026 1,720.00 1,720.00 06/26/2026 3707 STAFFORD ROSENBAUM LLP 213177 WQT LEGAL SERVICES 07/21/2026 490.00 490.00 07/24/2026 3707 STAFFORD ROSENBAUM LLP 214014 WQT LEGAL SERVICES 08/06/2026 500.00 500.00 08/07/2026 2584 STEVENS POINT AUTO CENTE 51973 FORD TRUCK INSPECTION AND 08/17/2026 189.00 189.00 08/07/2026 3960 T-MOBILE USA JULY 2026 JULY PHONES 07/27/2026 82.23 82.23 07/31/2026 2841 US BANK - VILLAGE VISA CHAR JUNE 2026 AMAZON 07/16/2026 253.56 253.56 07/17/2026 2841 US BANK - VILLAGE VISA CHAR JUNE 2026 AMAZON 07/16/2026 24.32 24.32 07/17/2026 2841 US BANK - VILLAGE VISA CHAR JUNE 2026 AMAZON 07/16/2026 264.36 264.36 07/17/2026 2841 US BANK - VILLAGE VISA CHAR JUNE 2026 EBAY 07/16/2026 1,000.00 1,000.00 07/17/2026 2841 US BANK - VILLAGE VISA CHAR JUNE 2026 EBAY 07/16/2026 900.00 900.00 07/17/2026 2841 US BANK - VILLAGE VISA CHAR JUNE 2026 AMAZON WEB 07/16/2026 .53 .53 07/17/2026 2841 US BANK - VILLAGE VISA CHAR JUNE 2026 EBAY 07/16/2026 1,000.00- 1,000.00- 07/17/2026 2841 US BANK - VILLAGE VISA CHAR JUNE 2026 EBAY 07/16/2026 900.00 900.00 07/17/2026 2841 US BANK - VILLAGE VISA CHAR MAY 2026 AMAZON 06/15/2026 153.59 153.59 06/19/2026 2841 US BANK - VILLAGE VISA CHAR MAY 2026 AMAZON 06/15/2026 56.97 56.97 06/19/2026 2841 US BANK - VILLAGE VISA CHAR MAY 2026 LABSTRONG 06/15/2026 111.48 111.48 06/19/2026 2841 US BANK - VILLAGE VISA CHAR MAY 2026 AMAZON WEB 06/15/2026 .52 .52 06/19/2026 2841 US BANK - VILLAGE VISA CHAR MAY 2026 EBAY 06/15/2026 248.00 248.00 06/19/2026 2843 US CELLULAR 0815751563 JUNE PHONES 06/26/2026 82.23 82.23 06/26/2026 2931 VILLAGE OF PLOVER WATER U Q2 2026 Q2 2026 06/26/2026 2,466.62 2,466.62 07/02/2026 3540 WHITE CAP 50038758984 LADTECH MANHOLE ADJUSTM 08/10/2026 4,918.77 .00 3169 WI PUBLIC SERVICE CORPORA JULY 2026 JULY 08/05/2026 29,463.28 29,463.28 08/07/2026 3169 WI PUBLIC SERVICE CORPORA JULY 2026 JULY 08/05/2026 85.96 85.96 08/07/2026 3169 WI PUBLIC SERVICE CORPORA JUNE 2026 JUNE 07/01/2026 26,985.66 26,985.66 07/02/2026 3169 WI PUBLIC SERVICE CORPORA JUNE 2026 JUNE 07/01/2026 141.27 141.27 07/02/2026 3183 WI STATE LAB OF HYGIENE - A 30044911 PROFICIENCY TESTING 04/01/2026 64.00 .00 3183 WI STATE LAB OF HYGIENE - A 847831 PFAS TESTING 06/30/2026 400.00 400.00 07/31/2026 3212 WISCNET 24990 2026 WISCNET INTERNET SER 07/28/2026 339.48 339.48 07/31/2026 3297 XYLEM WATER SOLUTIONS US 3556E23705 FLUSH VALVE MEMBRANES 05/22/2026 500.00 500.00 07/31/2026 Total 600: 145,470.83 139,369.90 Grand Totals: 145,470.83 139,369.90 Village of Plover Payment Approval Report - Utilities Water Page: 1 Report dates: 6/12/2026-8/14/2026 Aug 14, 2026 09:49AM Report Criteria: Detail report. Invoices with totals above $0.00 included. Paid and unpaid invoices included. [Report].GL Account Number (3 Characters) = "700" Vendor Vendor Name Invoice Number Description Invoice Date Net Amount Paid Date Paid Voided Invoice Amount 700 25 ABT MAILCOM 55843 Q2 2026 MAILED 06/29/2026 3,687.36 3,687.36 07/02/2026 25 ABT MAILCOM 55843 Q2 2026 PAPERLESS 06/29/2026 50.00 50.00 07/02/2026 56 AECOM 2001167062 TO 1 &2 GENERAL ENGINEERI 07/28/2026 2,045.94 2,045.94 07/31/2026 195 AT&T- NEW PHONES 831-001- 20 1344806112 JUNE 06/16/2026 108.59 108.59 06/19/2026 195 AT&T- NEW PHONES 831-001- 20 2083567114 JULY PHONES 07/21/2026 108.94 108.94 07/24/2026 232 BADGER LABORATORIES INC 26-015696 BADGER LABORATORIES INC 07/21/2026 35.00 35.00 07/24/2026 232 BADGER LABORATORIES INC 26-016471 BADGER LABORATORIES INC 07/28/2026 35.00 35.00 07/31/2026 232 BADGER LABORATORIES INC 26016999 BADGER LABORATORIES INC 08/02/2026 140.00 140.00 08/07/2026 232 BADGER LABORATORIES INC 26017287 BADGER LABORATORIES INC 08/08/2026 140.00 .00 317 BLACKBURN MANUFACTURING IN0037284 MARKING PAINT 07/16/2026 893.49 893.49 07/17/2026 422 CARGILL INC - SALT DIVISION 2912595734 CARGILL INC - SALT DIVISION 06/30/2026 6,675.49 6,675.49 07/02/2026 422 CARGILL INC - SALT DIVISION 2912623930 CARGILL INC - SALT DIVISION 07/08/2026 7,069.88 7,069.88 07/10/2026 422 CARGILL INC - SALT DIVISION 2912679464 CARGILL INC - SALT DIVISION 07/23/2026 7,089.41 7,089.41 07/31/2026 3648 CBS SQUARED INC 17777 WELL 1 GENERATOR 06/10/2026 2,937.58 2,937.58 06/12/2026 3648 CBS SQUARED INC 17982 WELL 1 GENERATOR 07/14/2026 736.18 736.18 07/17/2026 446 CELLCOM 193529 CELLPHONES 06/23/2026 507.15 507.15 07/02/2026 446 CELLCOM 298961 CELLPHONES 07/23/2026 507.46 507.46 07/31/2026 555 CLIFTON LARSON ALLEN LLP L261401882 2025 AUDIT SERVICES 07/10/2026 2,261.70 2,261.70 07/10/2026 615 CORE & MAIN LP Z336243 HYDRANT PARTS 07/08/2026 2,838.40 2,838.40 07/10/2026 641 CRANE ENGINEERING 516512.00 SOLENOID VALVE 07/28/2026 533.47 .00 3922 CRITEX LLC INV-5830 MR MANHOLE CUTTER 06/29/2026 19,328.67 19,328.67 07/02/2026 682 DAKOTA SUPPLY GROUP S105746345.0 PLUMBING PARTS 06/10/2026 224.87 224.87 06/12/2026 682 DAKOTA SUPPLY GROUP S105761577.0 REPLACEMENT VALVE 06/17/2026 24.82 24.82 06/19/2026 682 DAKOTA SUPPLY GROUP S105842718.0 AIR CONDITIONING 07/13/2026 8.07 8.07 07/17/2026 682 DAKOTA SUPPLY GROUP S105847832.0 WATER VALVE 07/14/2026 17.84 17.84 07/17/2026 682 DAKOTA SUPPLY GROUP S105859348.0 CURB BOX COUPLINGS 07/21/2026 164.36 164.36 07/24/2026 3906 EAGLE CONSTRUCTION CO IN PLOVV25001- WELL 1 GENERATOR 07/01/2026 23,407.05 23,407.05 07/02/2026 3906 EAGLE CONSTRUCTION CO IN PLOVV25001- WELL 1 GENERATOR 08/07/2026 36,821.05 .00 936 FERGUSON WATERWORKS #14 0480222 CURB BOX 07/24/2026 828.00 828.00 07/31/2026 936 FERGUSON WATERWORKS #14 0481494 CURB BOX PARTS 07/22/2026 684.00 684.00 07/24/2026 1136 GROSHEK DUANE DG0706_2026 SAFETY SHOES 07/06/2026 200.00 200.00 07/10/2026 1251 HYDROCORP INC CI-13689 HYDROCORP INC 06/30/2026 1,165.00 1,165.00 07/02/2026 1251 HYDROCORP INC CI-14666 HYDROCORP INC 07/31/2026 1,165.00 1,165.00 07/31/2026 3380 IDEXX LABORATORIES 3204265312 BACTI TESTING 06/26/2026 1,578.98 1,578.98 07/02/2026 3864 IN-SITU INC SVI003950 IN-SITU 07/29/2026 9,411.20 9,411.20 07/31/2026 3669 INVOICE CLOUD, INC 2822-2026_6 JUNE 07/07/2026 365.29 365.29 07/10/2026 3669 INVOICE CLOUD, INC 2822-2026_7 JULY 08/05/2026 298.92 298.92 08/07/2026 1488 KWIK TRIP INC JULY 2026 VIL JULY FUEL 08/04/2026 1,991.37 1,991.37 08/07/2026 1488 KWIK TRIP INC JUNE 2026 VIL JUNE FUEL 07/07/2026 2,202.38 2,202.38 07/10/2026 1652 MARTELLE WATER TREATMEN 31693 CHEMICALS 05/28/2026 2,132.98 2,132.98 06/12/2026 1652 MARTELLE WATER TREATMEN 31816 MARTELLE WATER TREATMEN 06/22/2026 1,755.55 1,755.55 06/26/2026 1652 MARTELLE WATER TREATMEN 32059 MARTELLE WATER TREATMEN 07/22/2026 2,413.29 2,413.29 07/24/2026 1692 MENARDS INC 43376 IPAD CHARGER 06/16/2026 33.98 33.98 06/19/2026 1692 MENARDS INC 43479 TOOLS 06/17/2026 32.99 32.99 06/19/2026 1692 MENARDS INC 43843 TOOLS 06/24/2026 23.48 23.48 06/26/2026 1692 MENARDS INC 43868 MAINTENANCE SUPPLIES 06/24/2026 67.21 67.21 06/26/2026 1692 MENARDS INC 43879 MARKING PAINT 06/24/2026 37.45 37.45 06/26/2026 1692 MENARDS INC 43914 CABLE TIES 06/25/2026 16.99 16.99 06/26/2026 1692 MENARDS INC 43993 ELECTRICAL CONNECTORS 06/26/2026 3.03 3.03 06/26/2026 1692 MENARDS INC 44259 BATTERIES 07/01/2026 28.03 28.03 07/02/2026 Village of Plover Payment Approval Report - Utilities Water Page: 2 Report dates: 6/12/2026-8/14/2026 Aug 14, 2026 09:49AM Vendor Vendor Name Invoice Number Description Invoice Date Net Amount Paid Date Paid Voided Invoice Amount 1692 MENARDS INC 44929 LANDSCAPING 07/13/2026 17.98 17.98 07/17/2026 1692 MENARDS INC 45129 GLOVES 07/16/2026 16.99 16.99 07/24/2026 1692 MENARDS INC 45519 TRUCK TOOLS 07/22/2026 18.75 18.75 07/24/2026 1692 MENARDS INC 45779 FLUSHING 07/27/2026 11.04 11.04 07/31/2026 1692 MENARDS INC 46457 TRUCK TOOLS 08/06/2026 48.97 48.97 08/07/2026 1692 MENARDS INC 46462 CURB BOX EXTENSION 08/06/2026 57.04 57.04 08/07/2026 1811 NAPA - CENTRAL WI AUTO PAR 440477 VEHICLE MAINTENANCE 06/04/2026 22.31 22.31 06/19/2026 1881 NORTHERN LAKE SERVICE INC 2612313 PFAS TESTING 07/20/2026 850.00 850.00 07/24/2026 1881 NORTHERN LAKE SERVICE INC 2612752 LEAD & COPPER ANALYSIS 07/28/2026 1,311.00 1,311.00 07/31/2026 2020 PITNEY BOWES - RESERVE AC MAY-JULY 202 MAY-JULY POSTAGE 07/30/2026 1,132.07 1,132.07 07/31/2026 2020 PITNEY BOWES - RESERVE AC MAY-JULY 202 MAY-JULY POSTAGE 07/30/2026 73.61- 73.61- 07/31/2026 3277 POINT SUPPLY LLC 12359 WIPES, TOWELS 07/31/2026 356.48 356.48 08/07/2026 2145 PORTAGE COUNTY SOLID WAS 00323807 RECYCLING 07/01/2026 100.00 100.00 07/02/2026 3523 PRECISION CELLULAR & SOUN 112496 RADIO 07/07/2026 835.95 835.95 07/10/2026 3523 PRECISION CELLULAR & SOUN INV-0363 CELL BOOSTER 07/02/2026 1,488.98 1,488.98 07/10/2026 2163 PRECISION GLASS & DOOR LL 25135 REPLACEMENT DOOR 08/04/2026 5,705.00 5,705.00 08/07/2026 2262 REINDERS INC 2454541-00 IRRIGATION 07/27/2026 44.40 44.40 07/31/2026 2312 ROBERTS IRRIGATION CO INC AR00011321 FILL STATION FITTING 06/01/2026 22.03 22.03 06/12/2026 2461 SHORT ELLIOTT HENDRICKSO 510255 CTH R WATERMAIN DESIGN 06/10/2026 2,722.53 2,722.53 08/07/2026 2461 SHORT ELLIOTT HENDRICKSO 511960 CTH R WATERMAIN DESIGN 07/17/2026 1,907.13 1,907.13 07/17/2026 2528 SPEE DEE DELIVERY SERVICE 1504628 SPEE DEE DELIVERY SERVICE 07/04/2026 16.40 16.40 07/10/2026 2633 SUPERIOR CHEMICAL LLC 182.13 SILICONE LUBE, FREIGHT 08/05/2026 182.13 182.13 08/07/2026 2633 SUPERIOR CHEMICAL LLC 444925 SILICONE LUBE, FREIGHT 07/08/2026 318.07 318.07 07/10/2026 2841 US BANK - VILLAGE VISA CHAR JUNE 2026 BOUND TREE MEDICAL 07/16/2026 131.29 131.29 07/17/2026 2841 US BANK - VILLAGE VISA CHAR MAY 2026 WIAWWA 06/15/2026 260.00 260.00 06/19/2026 2841 US BANK - VILLAGE VISA CHAR MAY 2026 AMAZON 06/15/2026 503.64 503.64 06/19/2026 2856 USA BLUEBOOK INV01056560 HYDRANT MAINTENANCE 06/26/2026 268.78 268.78 07/02/2026 2856 USA BLUEBOOK INV01066629 INJECTOR QUILL 06/05/2026 557.00 557.00 06/19/2026 2856 USA BLUEBOOK INV01086550 WATER TESTING 06/26/2026 33.95 33.95 07/02/2026 2931 VILLAGE OF PLOVER WATER U Q2 2026 Q2 2026 06/26/2026 245.00 245.00 07/02/2026 3748 VMC LLC 1840 DISK AT&T 06/12/2026 1,800.00 1,800.00 06/19/2026 3748 VMC LLC 1841 DISK AT&T 06/12/2026 4,500.00 4,500.00 06/19/2026 3748 VMC LLC 1842 DISK AT&T 06/12/2026 2,500.00 2,500.00 06/19/2026 3748 VMC LLC 1843 DISK NSIGHT 06/12/2026 1,800.00 1,800.00 06/19/2026 3748 VMC LLC 1844 DISK NSIGHT 06/12/2026 4,500.00 4,500.00 06/19/2026 3748 VMC LLC 1845 DISK NSIGHT 06/12/2026 2,500.00 2,500.00 06/19/2026 3024 WELD RILEY SC 45 JUNE 26 LEGAL 07/14/2026 180.00 180.00 07/17/2026 3073 WI DNR - OPERATOR CERT DG_0804_202 DUANE'S CERT RENEWAL 08/04/2026 70.00 70.00 08/07/2026 3169 WI PUBLIC SERVICE CORPORA JULY 2026 JULY 08/05/2026 11,852.53 11,852.53 08/07/2026 3169 WI PUBLIC SERVICE CORPORA JUNE 2026 JUNE 07/01/2026 10,652.00 10,652.00 07/02/2026 3183 WI STATE LAB OF HYGIENE - A 846908 WI STATE LABORATORY OF HY 06/30/2026 31.00 31.00 07/10/2026 3212 WISCNET 24990 2026 WISCNET INTERNET SER 07/28/2026 339.48 339.48 07/31/2026 3245 WISCONSIN RURAL WATER AS WRWA_0801_ WISCONSIN RURAL WATER AS 08/04/2026 660.00 660.00 08/07/2026 3305 ZBLEWSKI BROS LLC 37095 TREE REMOVAL/GRUBBING 07/13/2026 1,600.00 1,600.00 07/17/2026 Total 700: 206,929.20 169,434.68 Grand Totals: 206,929.20 169,434.68 Wastewater System Memo To: Steve Kunst, Gary Wolf, Utility Committee, Village Board From: Lyle Lutz Date: August 17, 2026 Subject: Monogram Foods Wastewater Discharge Agreements renewals _____________________________________________________________________ Both Monogram facility locations (Moore Road and Post Road) currently have discharge agreements with the Village of Pover Wastewater Utility. The current agreements were ten-year terms and up for renewal at the end of July 2026. Monogram had reached out well in advance and provided requests for an increase in the flow limitations to be incorporated in the renewed agreement. After reviewing their recent years’ discharge data and having knowledge of incorporation of improved preliminary treatment process at their facilities, adjustments were incorporated to each facility agreement. Along with individual agreement adjustments, the agreements were also standardized to be equal between both facilities. Having two distinct locations and separate discharges, it still is required to maintain individual agreements for each. Outside of the adjustments to the Maximum Discharge Limitations, each of the agreement terms were revised to 5 years instead of the previous 10 years. This allows for more frequent review of the agreement and terms and if any adjustments may be needed. The terms of the agreement are acceptable to both Monogram and WWTF Management and it is understood that the agreement renewals would be in effect for the full month of August as the previous agreement expired at the end of July. Notable Moore Road agreement revisions: Agreement terms adjusted from previous 10 years to 5 years for renewal review. PARAMETER Previous Agreement (Revised) AVERAGE MONTHLY DISCHARGE LIMITATION Previous Agreement (Revised) DAILY MAXIMUM LIMITATION FLOW 60,000 GPD 75,000GPD 90,000 GPD 105,000 GPD BOD 600 lb/day 750 lb./day 900 lb/day 1050 lb./day TSS 600 lb/day 750 lb./day 900 lb./day 1050 lb./day pH --- --- <5.5, or > 9.0 <5.5, or > 9.0 TOTAL PHOSPHORUS 4 lb./day 4 lb./day 6 lb/day 6 lb./day AMMONIA 10 lb./day 12.5 lb./day 15 lb./day 17.5 lb./day FATS, OILS, AND GREASE 100 mg/l 100 mg/l 100 mg/l 100 mg/l Notable Post Road agreement revisions: Agreement terms adjusted from previous 10 years to 5 years for renewal review. PARAMETER Previous Agreement (Revised) AVERAGE MONTHLY DISCHARGE LIMITATION Previous Agreement (Revised) DAILY MAXIMUM LIMITATION FLOW 50,000 GPD 75,000GPD 90,000 GPD 105,000 GPD BOD 600 lb/day 750 lb./day 900 lb/day 1050 lb./day TSS 700 lb/day 750 lb./day 900 lb./day 1050 lb./day pH --- --- <5.5, or > 9.0 <5.5, or > 9.0 TOTAL PHOSPHORUS 4 lb./day 4 lb./day 6 lb/day 6 lb./day AMMONIA 10 lb./day 12.5 lb./day 15 lb./day 17.5 lb./day FATS, OILS, AND GREASE 100 mg/l 100 mg/l 100 mg/l 100 mg/l AGREEMENT FOR WASTEWATER TREATMENT SERVICES BETWEEN THE VILLAGE OF PLOVER AND MONOGRAM APPETIZERS, LLC THIS REVISION TO THE AGREEMENT, made on the 19 th day of August 2026, by and between the Village of Plover (hereinafter referred to as the “Village”), a Wisconsin Municipal Corporation, and Monogram Appetizers, LLC (hereinafter referred to as “MONOGRAM”). WITNESSETH: WHEREAS Monogram Appetizers, LLC owns and operates the facility covered under this agreement; and WHEREAS the Village owns and operates a Wastewater Treatment Facility; and WHEREAS the Wastewater Treatment Facility serves the entire Village of Plover, including the facility operated by MONOGRAM, located at 300 Moore Road in the Village of Plover, a major industrial contributor of waste loadings to the system; and WHEREAS MONOGRAM will have need to dispose of wastewater produced at its facility; and WHEREAS the Village and MONOGRAM understand and agree that this agreement will benefit each of them and will serve to:  Assure MONOGRAM that the Village will accept and treat MONOGRAM’s wastewater;  Avoid disputes between the Village and MONOGRAM regarding the amount of charges to be paid by MONOGRAM for the use of the wastewater treatment facility over the next 5 years;  Establish specific discharge limitations for MONOGRAM;  Establish appropriate methodology for the allocation of those costs to be borne by MONOGRAM, and other responsibilities specific to it. NOW, THEREFORE, for the reasons set forth above, and in consideration of promises and the covenants and of the mutual obligations set forth herein, the Village agrees to accept and treat MONOGRAM’s wastewater and MONOGRAM agrees to pay for the wastewater services in accordance with the following agreement: ARTICLE I DEFINITION AND USE OF PHRASES 1.1 DEFINITIONS As used in this Agreement and in the recitals hereto, the following terms and phrases shall have the following meaning, unless a different meaning clearly appears from the context. 1. “ABNORMAL WASTEWATER” means the discharge of unreasonable, abnormal toxic, or harmful substances or gases to the Sewerage System. 2. “AGREEMENT” means this wastewater treatment service contract between the Village and MONOGRAM and any subsequent amendments, supplements, addenda, or modifications to it. 3. “AMMONIA” means the concentrations of ammonia nitrogen present in both dissolved and in suspension, organic or inorganic. For purposes of this Agreement, the quantitative determination of Ammonia shall be made in accordance with the procedures set forth in NR 219, unless a different test procedure is required by an Applicable Regulation. 4. “APPLICABLE REGULATION” means the Village’s Sewer Ordinance, and all applicable State and Federal laws and regulations, including any WPDES or similar State or Federal permit, order or directive issued to the Village, controlling or regulating any aspect of the sewerage system, including, but not limited to, its maintenance and operation and the acceptability of wastewater discharged into it. This term includes all such Monogram Discharge Agreement Page 2 local, State and Federal laws and regulations now in effect, or amended, modified, adopted or issued after the signing of this Agreement. 5. “AVERAGE MONTHLY DISCHARGE LIMITATION or AMDL” means the highest allowable arithmetic average of Daily Discharges of any Parameter over a calendar month, calculated as the sum of all Daily Discharges measured during a calendar month divided by the number of Daily Discharges measured during that month for a particular Parameter. 6. “BOD” means five-day Biochemical Oxygen Demand and “COD” means Chemical Oxygen Demand, determined under Standard Laboratory Procedures as set forth in NR 219. 7. “DAILY DISCHARGE” means the total of wastewater flow in gallons or of any Pollutant Parameter in pounds measured during a calendar day or any 24-hour period that reasonably represents the calendar day for purposes of sampling. 8. “DAILY MAXIMUM LIMITATION or DML” means the highest allowable Daily Discharge of any Parameter. 9. “DNR” means the Wisconsin Department of Natural Resources or its successor. 10. “EPA” means the US Environmental Protection Agency or its successor. 11. “FOG” means fats, oils and grease, or any other material that can be extracted with Method 1664 “Hexane Extraction Method”. 12. “MAINTENANCE” means the preservation of the functional integrity and efficiency of the Village’s WWTF and efficiency of the Village’s Sewerage System. The term includes, but is not limited to, preventive maintenance, correctional maintenance, and replacement of equipment. 13. “MAXIMUM DISCHARGE LIMITATIONS or MDLs” mean either collectively or separately the Average Monthly Discharge Limitations, and Daily Maximum Limitations. 14. “MONOGRAM” means Monogram Appetizers, LLC, or its successors or assigns. 15. “NR 149” refers to chapter NR 149 of the Wisconsin Administrative Code. 16. “NR 219” refers to chapter NR 219 of the Wisconsin Administrative Code. 17. “NUTRIENT DEFICIENT” means any wastewater with a ratio of BOD to Total Nitrogen greater than 20:1; a ratio of BOD the Phosphorus greater than 100:1, or a ratio of Total Nitrogen to Phosphorus greater than 5:1. 18. “OM & R” means Operation, Maintenance, and Replacement. 19. “OPERATION” means control of all components of the Village’s Sewerage System, including its unit processes and equipment. The term includes, but is not limited to, financial and personnel management, records, laboratory control, process control, safety, and emergency operation planning. 20. “PARAMETER” means wastewater flow or any Pollutant Parameter. 21. “POLLUTANT PARAMETER” means BOD, TSS, or any other pollutant subjected to the terms and conditions of this Agreement as required by the Village or by any Applicable Regulation after the signing of this Agreement. 22. “SEWERAGE SYSTEM” means all land, buildings, machinery, sewers, and other tangible and intangible property and processes, whether currently owned or later owned, or used, by the Village for receiving, collecting, transmitting, treating or disposing of sewage. 23. “SPILL” means any accidental or uncontrolled discharge to the sewer system of 2 gallons or more, of any material that is prohibited or limited by the sewer ordinance, or which can, by itself, or in combination with other material, cause damage to or interfere with the normal operation of the sewerage system and, or, its ability to meet any Applicable Regulation. 24. “TOTAL NITROGEN” means the concentrations of all forms nitrogen present in both dissolved and in suspension, organic or inorganic. For purposes of this Agreement, the quantitative determination of total Monogram Discharge Agreement Page 3 nitrogen shall be made in accordance with the procedures set forth in NR 219, unless a different test procedure is required by an Applicable Regulation. 25. “TOTAL - P (Total Phosphorus)” means the concentrations of phosphorus present in the forms of ortho- phosphate and condensed phosphates, both dissolved and in suspension, organic or inorganic. For purposes of this Agreement, the quantitative determination of Total-P shall be made in accordance with the procedures set forth in NR 219, unless a different test procedure is required by an Applicable Regulation. 26. “TSS” means total suspended solids that either float on the surface of or are in suspension in sewage, and which are removable by a laboratory filtration device. The methods for determining total suspended solids shall be those set forth in NR 219. 27. “USER CHARGE” means the charge assessed by the Village against all users of its Sewerage System, including MONOGRAM, for the users’ proportionate and fair share of the OM & R costs of the Sewerage System. The Village’s computation of the charge assessed against each user is based on the approved User Charge System, and prescribed by the Sewer Ordinance, as modified from time to time. 28. “VILLAGE” means the Village of Plover, a Municipal Corporation organized and existing under the laws of the State of Wisconsin, with its principal place of business at 2400 Post Road, Plover, WI., County of Portage, State of Wisconsin. 29. “VILLAGE’S SEWER ORDINANCE OR SEWER ORDINANCE” means the Village’s sewer use and user charge ordinance now in effect, and any subsequent amendments to or recreations of it. 30. WASTEWATER” means the spent or used water of the Village and of any other area served by the Village’s Sewerage System. The source may be a combination of the liquid and water-carried wastes from residences, commercial buildings, industrial facilities, including MONOGRAM, and institutions, together with any groundwater, surface water and storm water that may be present in the Village’s Sewerage System. 31. “WASTEWATER TREATMENT FACILITY or WWTF” means the Plover Wastewater Treatment Facility, and related facilities, located at 4496 Coolidge Avenue, which is owned and operated by the Village of Plover. 32. “WPDES PERMIT” means any or all of the Wisconsin Pollutant Discharge Elimination System permits issued to the Village by the DNR during the term of this Agreement. ARTICLE II GENERAL SERVICE CONDITIONS 2.1 PURPOSE OF AGREEMENT. 1. GENERALLY. The purpose of this Agreement is to establish specific guidelines for MONOGRAM’s use of the Village’s Sewerage System and to delineate the responsibilities and obligations of each of the parties in connection with that use. This Agreement is not intended, however, to supplant or supersede any Applicable Regulation now or later in effect. 2. DISCHARGE LIMITATIONS. This Agreement establishes certain maximum flow and Pollutant Parameter limits for the wastewater discharged by MONOGRAM from its facility into the Village’s Sewerage System. It correspondingly commits the Village to treat the wastewater generated by that facility provided MONOGRAM abides by all of the terms and conditions of this Agreement, including the Maximum Discharge Limitations, and all Applicable Regulations. The Village shall solely determine the method, manner, and means for it to meet its treatment commitments under this Agreement. 2.2 WASTEWATER SERVICES PROVIDED. 1. ACCEPTANCE OF WASTEWATER. Subject to the terms of this Agreement, the Village shall accept and treat that wastewater generated by MONOGRAM’s facility. Monogram Discharge Agreement Page 4 2. PAYMENT OF CHARGES. In return for the Village’s treatment of its wastewater, MONOGRAM shall pay to the Village all User Charges and fees required by this Agreement or any Applicable Regulation. 2.3 NON-RESERVATION OF CAPACITY. This Agreement shall not be construed, nor is it intended to: 1. Reserve any part of the capacity of the Wastewater Treatment Plant for the sole use or benefit of MONOGRAM; or 2. Grant to MONOGRAM the right to use any part of the Wastewater Treatment Plant, except on the same basis as other members of the general public. 2.4 APPLICABLE REGULATIONS CONTROL. MONOGRAM’s use of the Village’s Sewerage System shall be governed by and conform to all controlling provisions of Applicable Regulations. If any provision of this Agreement conflicts with any Applicable Regulation, that regulation shall control. 2.5 VIOLATIONS. 1. Ordinance Violation Only. If, by its conduct or otherwise, MONOGRAM violates any applicable provision of the Sewer Ordinance only, the Village reserves the right to pursue against MONOGRAM any or all appropriate remedies available to it under that regulation, including the imposition of forfeitures. This Agreement shall not be construed, nor is it intended, to preclude in any manner the right of the Village to fully and effectively enforce all provisions of the Sewer Ordinance against MONOGRAM. 2. Concurrent Violations. If, by its conduct or otherwise, MONOGRAM simultaneously violates a provision of the Sewer Ordinance and a corresponding term of this Agreement, the Village may rely on any appropriate remedy prescribed by the Sewer Ordinance to enforce or respond to both violations. By its reliance on any such Ordinance-based remedy, the Village shall not, however, be deemed to have elected its remedies, and it expressly reserves the right to pursue any other remedy available to it at law or under this Agreement. ARTICLE III TERM 3.1 TERM It is agreed this Agreement shall become effective on August 1, 2026, and be in effect for a term of five (5) years. 3.2 RENEWAL TERMS MONOGRAM has the option to renew this agreement for an additional 5-year term at the end of the current agreement. The terms and conditions of the renewed agreement shall be the same as the terms and conditions of the agreement in effect at the end of the prior term. 3.3 RENEWAL In the event MONOGRAM intends to renew this contract for an additional period beyond its initial term, written notice shall be given to the Village of Plover no less than one hundred twenty (120) days prior to the expiration of the initial term of this agreement. Monogram Discharge Agreement Page 5 ARTICLE IV DISCHARGE LIMITS 4.1 MAXIMUM DISCHARGE LIMITATIONS (MDLs). 1. In return for MONOGRAM’s continued compliance with the terms of this Agreement, the Village shall accept and treat the wastewater discharged from MONOGRAM, up to the following MDLs: PARAMETER AVERAGE MONTHLY DISCHARGE LIMITATION DAILY MAXIMUM LIMITATION FLOW 75,000GPD 105,000 GPD BOD 750 lb./day 1050 lb./day TSS 750 lb./day 1050 lb./day pH --- <5.5, or > 9.0 TOTAL PHOSPHORUS 4 lb./day 6 lb./day AMMONIA 12.5 lb./day 17.5 lb./day FATS, OILS, AND GREASE 100 mg/l 100 mg/l 4.2 ADDITIONAL MDLs The Village reserves the right to add pollutant parameters, with MDLs, to this agreement under the following conditions. 1. To ensure MONOGRAM’s continued compliance with all Applicable Regulations in connection with its discharge of wastewater into the Sewerage System; or 2. To ensure the Village’s continued compliance with its WPDES Permit limitations and with all Applicable Regulations; or 3. To remedy current, or to avoid any future, disruptions or upsets of, or interference with, the operations of the Sewerage System, including its treatment and sludge processes, within the meaning of any Applicable Regulation. 4. Provides written notice to MONOGRAM 120 days prior to the effective date of the new pollutant parameter MDL. The Village may allow a longer notice period, at its discretion. 4.3 REDUCTION OF MDLs. The Village reserves the right to reduce MONOGRAM’s MDLs under the following conditions. 1. The Village may unilaterally reduce any of MONOGRAM’s MDL’s if the reduction is necessary to: a) Ensure MONOGRAM’s continued compliance with all Applicable Regulations in connection with its discharge of wastewater into the Sewerage System; or b) Ensure the Village’s continued compliance with its WPDES Permit limitations or requirements; or Monogram Discharge Agreement Page 6 c) Remedy or contribute to the elimination of any ongoing violation of the Village’s WPDES Permit; or d) Remedy the projected noncompliance with the Village’s WPDES Permit limitations or requirements in the future, or e) Remedy current, or to avoid any future, disruptions or upsets of, or interference with, the operations of the Sewerage System, including its treatment and sludge processes, within the meaning of any Applicable Regulation. 2. The level or nature of MONOGRAM’s continued wastewater discharge within the MDL limits either alone or in conjunction with discharges from other sources, has directly caused or significantly contributed to or, will likely cause or significantly contribute to any of the conditions in section 4.3 (1) above. 3. The Village may unilaterally reduce the MDL’s, in the event that MONOGRAM modifies its production process, or wastewater treatment system, and said modification results in a stable and consistent reduction in the routine discharge amount of a MDL. 4. The newly reduced MDLs is set at a level reasonably needed to: a) Ensure the Village’s compliance with its WPDES Permit limitations and requirements, or b) Avoid any interference with, or upset or disruption of, the Village’s Sewerage System, or c) Ensure MONOGRAM’s compliance with all Applicable Regulations. 5. NOTICE OF REDUCTION. No unilateral reduction by the Village of a MDL shall become effective unless the Village has provided at least a 30-day written notice to MONOGRAM of its intent to implement the specified reduction. This notification shall specify the new MDL level(s) and the proposed effective date. If MONOGRAM undertakes a study as permitted by section 4.3.6, the effective date for the reduced MDL level(s) shall be postponed for an additional thirty (30) days, unless the parties agree to a longer extension of time. 6. MONOGRAM REVIEW. a) Within thirty (30) days after the Village’s notice of a MDL reduction, MONOGRAM may, at its own cost, initiate a study of the Village’s Sewerage System and its own wastewater discharge to assess the possibility of other feasible options available to the Village including: i) No MDL reduction; ii) A smaller MDL reduction; or iii) A phased MDL reduction based on either the Village’s or MONOGRAM’s proposed MDL reduction. b) To the extent possible, the Village shall cooperate with MONOGRAM in connection with its performance of such a study. Once completed, the study shall be provided to the Village for its review and consideration of those recommendations, if any, outlined by the study. By its consideration of the study, however, the Village shall not be bound to accept any of the recommendations and may reject them on any reasonable engineering, policy, financial, or other basis. The Village will use its best efforts to institute any recommendations it has accepted as quickly as is reasonably possible. c) Until all of the reasons for a MDL reduction are eliminated, the modified MDL level(s) shall remain in effect. 7. EMERGENCY. Monogram Discharge Agreement Page 7 a) The Village and MONOGRAM recognize and agree that in an emergency, the Village may need to temporarily impose restrictions on the level of MONOGRAM’s wastewater discharged into the System to prevent or alleviate a condition potentially injurious to the public’s health, safety, or welfare. To the extent possible, the Village shall first initiate all reasonable efforts to address the emergency by means other than restricting MONOGRAM’s wastewater discharge. If all other alternative approaches prove impracticable or unreasonable, however, the Village may require MONOGRAM to limit temporarily its discharge, provided the reduction is not unjustly discriminatory to MONOGRAM. b) No temporary restriction of MONOGRAM’s wastewater discharge may exceed 48 consecutive hours, unless the Village determines, based on the opinion of the Village’s Administrator, that both a longer period is necessary to protect the public’s health, safety or welfare and no other feasible alternative is available. If within its control, the Village shall take all reasonable steps necessary to alleviate or eliminate the emergency as quickly as possible. 8. CHARGES UNCHANGED - A unilateral reduction of a MDLs or a temporary restriction on MONOGRAM’s wastewater discharges shall not affect MONOGRAM’s User Charge obligations prescribed by this Agreement or the Sewer Ordinance. 4.4 INCREASES IN MDLs. 1. GENERAL. Notwithstanding any provision of this Agreement, the Village has, and shall continue to retain, control over the access of all users, including MONOGRAM, to its Sewerage System. MONOGRAM acknowledges and agrees that this retention of absolute control by the Village is essential to ensure the proper functioning and viability of the System. 2. MONOGRAM REQUEST FOR MDL INCREASE. During the term of this Agreement, MONOGRAM may request an increase in a MDL or a group of MDLs. MONOGRAM shall submit its request for an MDLs increase to the Village adequately in advance of the date that MONOGRAM shall need the additional capacity. In the event that MONOGRAM is aware that any physical modification, improvement or expansion of the Wastewater Treatment Facility, or Sewerage System, will be necessary to accommodate its request, MONOGRAM shall submit its request at least two (2) years prior to the date of its anticipated need for the additional capacity. 3. VILLAGE RESPONSE. Within ninety (90) days after receipt of MONOGRAM request, the Village shall advise MONOGRAM of the Village’s willingness, ability from a capacity standpoint, and proposed method, if appropriate, to accommodate MONOGRAM’s request for increased MDL levels. The Village’s response may consist of one or a combination of the following: a) Village Disapproval Generally. If for any reason the Village is unwilling to accommodate MONOGRAM’s request for an increased MDL level(s), the Village shall notify MONOGRAM in writing of its disapproval of the request. If subsequently requested by MONOGRAM, the Village shall meet with MONOGRAM and discuss the reasons for its disapproval, and may, notwithstanding its initial disapproval, investigate with MONOGRAM potential approaches to reasonably accommodate MONOGRAM’s request. By its participation in these discussions, however, the Village shall not be deemed obligated to reverse its prior decision of disapproval. b) Adequate Capacity Unavailable. i) If adequate capacity is unavailable to accommodate MONOGRAM’s request for an increased MDL level(s), the Village shall notify MONOGRAM in writing of its disapproval of the request. In its response, the Village shall specifically indicate that the basis for its disapproval is the inadequacy of capacity, and shall outline, if the information is available, the nature or scope of the improvements or equipment required to increase the capacity of the System to accommodate MONOGRAM’s request. ii) If subsequently requested by MONOGRAM, the Village shall meet with MONOGRAM and discuss possible engineering options to accommodate Monogram Discharge Agreement Page 8 MONOGRAM’s request for an increased MDL level(s). If the Village ultimately agrees to expand, improve, or modify the Plant or related facilities to accommodate MONOGRAM’s request, MONOGRAM shall reimburse the Village for those Capital Costs incurred based or a repayment schedule negotiated by the parties. c) Capacity Readily Available. If the Village determines that adequate capacity is readily available to accommodate MONOGRAM’s request for an increased MDL level(s) without capital improvements, and if the Village is otherwise willing to accommodate MONOGRAM’s request, the Village, in response to MONOGRAM’s request, may unilaterally prepare an amendment to this Agreement and present it to MONOGRAM for its approval. If MONOGRAM rejects the Village-prepared amendment, the parties shall meet and attempt to negotiate in good faith a mutually acceptable modification of this Agreement. If the parties enter into negotiations, however, the Village shall not be deemed obligated to reach an agreement with MONOGRAM for modification of this Agreement. d) Capacity From Other Users. If the Village is aware that another System user may be willing to decrease its MDL level(s), the Village shall so inform MONOGRAM. If the other user ultimately agrees to reduce its MDL(s) to accommodate MONOGRAM, the Village shall consent to the newly proposed MDL level(s) for both users through an appropriate amendment to this Agreement and to its agreement, if any, with the other affected user, provided: i) The principles of this Agreement are maintained; and ii) The Village does not anticipate the need to unilaterally reduce MONOGRAM’s MDL level(s) or temporarily restrict MONOGRAM’s wastewater discharge in accordance with Section 4.2. 4.5 ROUTINE REPAIR AND MAINTENANCE. MONOGRAM recognizes that the Village needs to perform routine repair and maintenance work in connection with the Sewerage System and that this work may temporarily affect the availability of sewer services. The Village, therefore, shall, to the greatest extent possible, schedule its repair and maintenance work in a manner to minimize any effect on MONOGRAM’s production. To that end, the Village shall, when feasible, notify MONOGRAM of any proposed Village repair or maintenance work that may temporarily affect the sewer service provided to MONOGRAM. 1. The Village agrees to clean the sanitary sewer downstream of the MONOGRAM facility once each calendar year as routine maintenance and upkeep of the sanitary sewers. If the discharge to the sanitary sewer from the MONOGRAM necessitates more frequent cleaning of the sanitary sewers, MONOGRAM will be billed the actual cost of cleaning the sanitary sewers. ARTICLE V: EXCEEDANCES/ABNORMAL WASTEWATER 5.1 EXCEEDANCES. 1. NOTICE. The Village shall provide written notice to MONOGRAM of any Violation as defined in Subsection (2). This notice shall be provided within forty-five (45) days of the Village’s identification of the Violation based on recorded measurements or the results of laboratory analyses of samples taken. The Village may also provide prompt oral notification of any extraordinary event or occurrence observed and deemed by the Village to be attributable to MONOGRAM’s wastewater discharge. The purpose of an oral notification is to inform MONOGRAM of an apparent exceedance, or operational upset or interference as soon as practicably possible. However, an oral notification shall not be deemed a substitute for written notification and shall not provide the basis for the finding of a Violation unless subsequently confirmed by written notification. 2. VIOLATION DEFINED. a) VIOLATION GENERALLY For purposes of this Agreement, a “Violation” may constitute either a “Minor Violation” or a “Serious Violation.” Monogram Discharge Agreement Page 9 b) MINOR VIOLATION A Minor Violation shall constitute any single exceedance of any MDL, unless the exceedance is a Serious Violation as defined by Paragraph (c). c) SERIOUS VIOLATIONS MONOGRAM shall have committed a Serious Violation if any of the following conditions are met: i) Any single MDL exceedance directly causes or contributes to a) WPDES Permit Violation or b) An upset or disruption of, or interference with, the operations of the Sewerage System within the meaning of any Applicable Regulation; or ii) Exceedance of any Daily Maximum MDL at least once a month, during any five calendar months in a consecutive 12-month period. iii) Three or more exceedances of any average monthly MDL during a consecutive twelve-month period. d) Notwithstanding paragraphs (b) and (c), MONOGRAM shall be subject to all restrictions on wastewater discharges prescribed by the Sewer Ordinance, including, but not limited to, the prohibition against deleterious discharges as defined by the Sewer Ordinance. 3. VIOLATIONS DATA. a) VILLAGE DATA USED Subject to Article VII, all samples collected and laboratory analyses performed by the Village shall be used for the purpose of determining a Violation. If any Village generated data indicates a Violation has occurred, the Village shall communicate that information to MONOGRAM in accordance with the requirements of Subsection (1). 4. REPEATED SERIOUS VIOLATIONS. a) If MONOGRAM repeatedly commits Serious Violations during the term of this Agreement, the parties may meet and discuss a possible change in the MDL levels or, if appropriate, the potential need for MONOGRAM to undertake certain corrective measures to eliminate the cause(s) for the Serious Violations. As part of these discussions, the parties may particularly focus on whether or not the Village could feasibly accommodate an increase in MONOGRAM’s MDL levels based on existing facilities. By meeting, however, the Village shall not be deemed obligated to consent to any MDL increase or to any capital improvement to the Sewerage System. b) For purposes of this Subsection, repeated Serious Violations shall mean two (2) or more Serious Violations in a consecutive twelve (12) month period. 5. WAIVER. a) If the Village fails to provide MONOGRAM written notice of a Violation under Subsection (1), the Village shall be deemed to have waived its rights to assess a penalty against MONOGRAM under this Agreement based on that Violation. b) The failure of the Village to provide MONOGRAM written notice of a Violation shall not constitute a waiver by the Village of its rights under this Agreement to assess a penalty based on a Violation of a comparable nature in the future. 5.2 PENALTIES FOR EXCEEDANCES. 1. PROCEDURE Monogram Discharge Agreement Page 10 a) If MONOGRAM commits a Violation during the term of this Agreement, is shall pay to the Village an appropriate penalty listed in Subsection (2). b) If MONOGRAM disputes a violation, it will take the following steps to resolve the dispute. i) Within thirty (30) days of the notice of violation, MONOGRAM will arrange a meeting with the Village Administrator to discuss the merits of the violation determination. ii) If, after this meeting, MONOGRAM continues to dispute the violation, it will present the issue at the next regularly scheduled Village Water and Wastewater Utility Committee meeting for the Committee determination. iii) If, after this meeting, MONOGRAM continues to dispute the violation, it will present the issue at the next regularly scheduled Village Board meeting. The decision of the Village Board is the final step in the dispute resolution process. c) If MONOGRAM disputes a Violation, it shall be relieved of the obligation to pay the appropriately corresponding penalty while the Violation is the subject of a dispute resolution. However, if a Violation is not contested by MONOGRAM in the time specified above, or if it is ultimately upheld after the dispute resolution process is complete, or court proceedings have been fully exhausted, the Village shall compute the penalty and include it in the next monthly User Charge statement provided to MONOGRAM. MONOGRAM shall remit to the Village the proper penalty amount, together with its monthly User Charge payment, within the time period permitted by the Village’s Sewer Ordinance for payment of User Charges. If MONOGRAM fails to timely pay the penalty, the penalty shall be deemed delinquent, and the rights and obligations of both parties in regard to that delinquent penalty shall be controlled by Article VIII. 2. DAMAGES. a) Minor Violation Damages for a Minor Violation of the Average Monthly Discharge Limitation (“AMDL”), or Daily Maximum Limitation (“DML”), committed by MONOGRAM shall be computed as follows: i) Average Monthly Discharge Limitation The amount of the parameter in excess of the AMDL times the number of days in the month, will be charged at the regular rate times one half (1/2). ii) Daily Maximum Limitation The amount of the parameter in excess of the DML will be charged at the regular rate times one half (1/2). iii) FOG Average Monthly Discharge Limitation Exceedance of the Average Monthly Discharge limitation for FOG will result in damages of $2,000. iv) FOG Daily Maximum Limitation Exceedance of the FOG Daily Maximum Discharge limitation for FOG will result in damages of $250 each day the exceedance occurs. b) Serious Violation If MONOGRAM commits a Serious Violation of any MDL, as described by Section 5.1(2)(c), it shall pay to the Village the following costs and damages as determined by following schedule: i) Damages charged at twice the rate listed for minor violations. ii) Costs and expenses, including fines, forfeitures and legal fees, incurred by the Village, if a violation results in a WPDES Permit violation; iii) Costs and expenses incurred by the Village, if a violation results in an upset or disruption of, or interference with, the operations of the Sewerage System; Monogram Discharge Agreement Page 11 iv) Damages up to $200 (Two Hundred Dollars) per day, for the duration of the event listed below; a) A WPDES Permit violation or, b) An upset of or interference with the operation of the Sewerage System. 5.3 ABNORMAL EFFLUENT If MONOGRAM discharges or causes the discharge of unreasonable, abnormal toxic, or harmful substances or gases (“Abnormal Wastewater”) to the Sewerage System, the cost of any necessary repairs, cleaning, materials purchased, or replacement performed by the Village due to the Abnormal Wastewater shall be billed to and paid by MONOGRAM as follows: 1. If MONOGRAM’s Abnormal Wastewater solely and directly caused the Village to incur those costs, MONOGRAM shall be responsible for reimbursement of all costs; or 2. If MONOGRAM’s Abnormal Wastewater contributed to the Village incurring those costs, MONOGRAM shall pay, as determined by the Village, its proportional share of the costs attributable to its Abnormal Wastewater. 3. If MONOGRAM’s Abnormal Wastewater is nutrient deficient, MONOGRAM’s will add the deficient nutrient(s) at a rate and quantity to bring the nutrient ratio into an acceptable range. 5.4 SPILLS MONOGRAM must prepare a spill response plan. The plan must be submitted to the WWTF for approval. The plan will include: 1. Immediate notification the WWTF, by phone, of any spill that occurs. 2. Providing a written report of the spill to the WWTF within 5 days of the spill event. Information will include: a) Material, including MSDS sheets and any other available data. b) Time and date. c) Amount of material lost. d) How the spill occurred. e) Measures taken to respond to spill. f) Remedial action to prevent further spills. 5.5 PRETREATMENT. If MONOGRAM repeatedly discharges Abnormal Wastewater or wastewater in excess of the MDLs levels, the Village may direct MONOGRAM to provide additional pretreatment of the wastewater, at MONOGRAM’s expense, prior to its introduction into the system. As appropriate, the pretreatment process should either reduce the strength characteristics of MONOGRAM’s wastewater to conform to the MDL level(s) specified in Section 4.1, or eliminate the harmful, toxic or abnormal substances from the wastewater. ARTICLE VI: TREATMENT CHARGES 6.1 CHARGES GENERALLY. For the treatment and collection of the wastewater, MONOGRAM shall pay to the Village User Charges, and a Customer Service Charge. These charges shall be paid by MONOGRAM on a monthly basis. 6.2 USER CHARGES The User Charges and the Customer Service Charge payable by MONOGRAM shall be calculated in accordance with the rates prescribed by the Sewer Ordinance and are intended to cover MONOGRAM’s fair and proportionate share of the OM & R costs of the Sewerage System. These charges are Monogram Discharge Agreement Page 12 currently assessed and allocated based on MONOGRAM’s actual volume, and BOD and TSS loadings as determined by the Village through a measurement and sampling program. However, MONOGRAM recognizes and agrees that after the signing of this Agreement, the Village may, modify its User Charges System, which is the basis for the User Charge. Changes to the User Charge System may include generating increased revenues, modifying the methodology for allocation of OM & R costs, or allocating OM & R costs based on additional Pollutant Parameters. 1. If MONOGRAM permanently ceases operations of its facility, MONOGRAM may transfer responsibilities and rights granted to it by this Agreement, to a successor owner of the Facility if approval is granted by the Village. This approval shall not be unreasonably withheld. 6.3 BILLINGS. The Village shall bill the User Charges and customer service charge monthly for wastewater services provided during the previous month. The Village’s billing format for MONOGRAM shall delineate each of these charges separately. All the other provisions of the Sewer Ordinance in connection with billing and collection of wastewater service charges shall apply, unless otherwise contrary to the provisions of this Agreement. ARTICLE VII - MONITORING 7.1 GENERALLY. 1. FACILITIES MAINTAINED BY MONOGRAM. MONOGRAM shall provide and maintain the necessary industrial wastewater monitoring and sampling facilities in accordance with the applicable provisions of the Sewer Ordinance. The cost of the installation and continued maintenance of these devices shall be borne by MONOGRAM. The facilities include: a) Installation of a sampling manhole on the combined discharge from the MONOGRAM’s facility. b) A refrigerated sampler that is capable of sampling on a flow proportional or time basis. c) Install additional water meters as required to determine the volume of water being discharged to public sewer. d) MONOGRAM will install pH monitoring equipment, if directed to do so by the Wastewater System Manager at a later date. e) If supply water meters are unable to determine the volume of water discharged to public sewer, MONOGRAM shall install a flow measurement device. The flow meter will have a non-resettable totalizer and a flow rate indication. Flow meter will have a data logging function capable of recording daily total flows for a minimum of 60 days. MONOGRAM will provide to the WWTF the software necessary to download and display flow information on a portable computer, if necessary. 2. SAMPLES/LAB ANALYSIS. a) The operation of the metering and sampling devices, including the reading and recording of the discharge volume, shall be performed by the Village. Samples of MONOGRAM’s wastewater shall be collected as directed by the Wastewater System Manager and shall be analyzed by the Village’s laboratory, or a commercial laboratory designated by the Village, at MONOGRAM’s expense. These costs shall be billed and paid by MONOGRAM on a monthly basis. The sample shall be a 24-hour time or flow proportional sample. b) In its analysis of the samples, the Village shall use laboratory techniques and procedures set forth in NR 149, unless another test procedure or methodology is required by Applicable Regulations. Monogram Discharge Agreement Page 13 3. SPLIT SAMPLES MONOGRAM may request that samples taken be split with MONOGRAM. MONOGRAM will make a request for split samples seven days in advance of the split sampling. 4. ACCESS TO EQUIPMENT MONOGRAM and the Village shall have unrestricted right of access to the metering and sampling devices and recording instruments and may make any accuracy tests or other inspections deemed necessary or desirable. 5. ACCESS TO DATA MONOGRAM shall have access to all metering, sampling or lab analysis data performed by or for the Village in connection with MONOGRAM’s Facility. The Village, in turn, shall have access to metering, sampling or lab analysis data prepared by or for MONOGRAM. 6. CALIBRATION AND VERIFICATION If a discharge flow meter is installed, MONOGRAM and the Village agree that the meters shall be calibrated by a manufacturer’s representative or another independent party annually. If metering records indicate possible inaccuracy, the meter will be calibrated as needed to maintain accuracy. To avoid sampling problems, either party may initiate special procedures to verify that the sampler for MONOGRAM is collecting representative samples. If a party does initiate verification of a sampler, it shall provide notice to the other party no less than the two (2) days before the verification is to be made. All costs associated with the calibration and verification, whether initiated by the Village or MONOGRAM, shall be borne by MONOGRAM. 7.2 METERING MALFUNCTION OR IDENTIFIABLE SAMPLING INACCURACY. 1. MONOGRAM and the Village recognize that metering, sampling, and lab analysis may be subject to malfunction or imprecision. If a dispute arises regarding metering or sampling accuracy, the parties shall attempt to resolve it in accordance with the guidelines prescribed by this Section. 2. If a meter malfunctions or is demonstrated to have provided incorrect readings, or if an identifiable consistent sampling bias or error can be established, the volume and strength of wastewater discharged by MONOGRAM shall be based on historical data and reasonable engineering estimates of flow and strength. This extrapolation, as determined by the Village in consultation with MONOGRAM, shall take into account all materially known product variations. 3. When directed by the Village, MONOGRAM shall furnish and install a temporary meter or sampling device until a permanent meter or sampler if operating properly. The data generated by the temporary equipment shall be used in lieu of historical data. 4. Retroactive billing adjustments shall be made accordingly for that period of meter or sampling inaccuracy, up to a maximum of six (6) months prior to discovery of the malfunction, incorrect reading, or sampling error. To be entitled to a retroactive adjustment of charges, a party must establish the existence of an inaccuracy or error to a reasonable degree of scientific certainty. 7.3 VERIFICATION OF LAB ANALYSIS. 1. Notwithstanding Section 7.2, MONOGRAM may request that it and the Village jointly conduct, at their own expense and with their own consultants, seven (7) day tests on all parameters using split samples to verify lab analysis accuracy. MONOGRAM may not make this request more than once a year. 2. Samples shall be analyzed by the Village and by a Village-approved State-certified or recognized laboratory employed by MONOGRAM. If the Village’s and MONOGRAM’s average daily values for BOD are within 30% of each other, and their average daily values for TSS are within 20% of each other, then no further action need be taken. If the BOD spread is greater than 30%, or the TSS spread is greater than 20%, the parties shall then have thirty (30) days from receipt of the test results to determine the possibility of any improper procedure employed by the Village in its lab analysis or in the laboratory employed by MONOGRAM. Once such study has been completed, another seven-day test shall be performed. If MONOGRAM requests, an additional State-certified laboratory approved by both parties may participate in the test, whose costs shall be borne solely by MONOGRAM. Based on the results of this test, if the Village’s average daily value for BOD is within 30% of either of the other two labs Monogram Discharge Agreement Page 14 and its average daily value for TSS is within 20% of either of the other two labs, then no further action needs to be taken. If the Village’s average daily values for both BOD and TSS are not within the respectively required 30% and 20% spreads, then the Village and MONOGRAM shall mutually select an independent laboratory for continued analysis of MONOGRAM’s wastewater samples based on the procedures prescribed by Subsection (3). 3. If an independent laboratory is retained to analyze MONOGRAM’s wastewater samples, each sample taken shall be split into three (3) portions with one of the three splits provided to the Village, MONOGRAM, and the independent laboratory. The laboratory shall analyze the submitted portions and report the results simultaneously to the Village and MONOGRAM. Until the percentage spread between the Village’s laboratory analysis and the independent laboratory’s analysis is less than 30% for BOD and less than 20% for TSS: a) The Village shall continue to submit a portion of each sample to the same independent laboratory for analysis; b) The analytical results from the independent laboratory shall be used for billing purposes as follows: i) If the independent laboratory is retained for an entire calendar month, only its lab results shall be used to calculate MONOGRAM’s User Charges for that month; or ii) If the independent laboratory is retained only for a part of the calendar month, the lab results of that laboratory and the lab results of the Village’s laboratory for the remainder of the month shall be used to calculate MONOGRAM’s User Charges for that calendar month; and c) The independent laboratory’s analytical results, as appropriate, shall be used for monitoring and enforcement purposes. 4. MONOGRAM shall pay all costs associated with the analyses performed by the independent laboratory under Subsection (3). ARTICLE VIII REMEDIES 8.1 EVENT OF DEFAULT 1. Any of the following Events, if they occur, shall constitute an “Event of Default” for purposes of this Agreement. a) Failure by MONOGRAM to timely pay all or any portion of a User Charge, penalty, or other fee or charge after appropriately billed to MONOGRAM by the Village under the terms of this Agreement; or b) Failure by MONOGRAM or the Village to comply with or observe any of the provisions or conditions of this Agreement. 2. No Default shall become an Event of Default unless notice of such Default by registered or certified mail, return receipt requested, is provided to the party in Default. Within thirty (30) days after receipt of the notice, the party in default may: a) Cure the Event of Default by payment of any delinquent charge, penalty, or fee, or by immediate compliance with the breached term or condition of the Agreement. Except for a Default based on non-payment of a charge, fee or penalty, the time period for right to cure the Default may be extended by mutual agreement of the parties. b) If immediate compliance with the breached term or condition of the Agreement is impracticable or unreasonable, agree in writing to adhere to the Agreement and set forth, if appropriate, a Monogram Discharge Agreement Page 15 suggested compliance schedule establishing deadlines to ensure future compliance with the breached term or condition of this Agreement. If the non-defaulting party objects to the suggested compliance schedule, the parties shall meet and discuss its possible modification. If within twenty (20) days after these discussions commence the parties are unable to agree on an acceptable compliance schedule, the non-defaulting party may, at its discretion, pursue any or all remedies available to it subject to the provisions of this Section. c) Dispute the Event of Default by initiation of dispute resolution procedures as defined by Section 5.2(1)(b). 3. If the party in default fails to timely respond to the noticed Default consistent with any of the allowable options provided by Subsection (2), the other party may, at is discretion, pursue any and all remedies available to it as provided by the terms of this Agreement, including the commencement of a court action to compel compliance. 4. If the Village commences legal action for the collection of any delinquent charge, fee, or penalty owed under this Agreement or the Sewer Ordinance, the Village may recover from MONOGRAM all costs, including reasonable attorney’s fees, incurred by the Village in that action if it prevails. 8.2 REMEDIES GENERALLY. Subject to Sections 8.1 either party may, based on an Event of Default, enforce its rights in any court of competent jurisdiction for declaratory judgment, damages, specific performance or other relief as may be provided by law. No remedy conferred on or reserved to either party is intended to be exclusive of any other remedy available to that party at law or in equity. Every such right and power vested in either party may be exercised from time to time and as often as may be deemed necessary. No waiver of a Default or an Event of Default by either party shall extend to or shall affect any subsequent Default or Event of Default or shall impair any right or remedy based on those subsequent occurrences. 1. VILLAGE-SPECIFIC REMEDIES. In addition to any other available remedy, the Village may cease to accept the wastewater of MONOGRAM based on any Event of Default described by Section 8.1. If MONOGRAM fails to pay any required charge, fee or penalty, and if the Village solely pursues the remedy of disconnection in response to that MONOGRAM violation, those procedures prescribed by the Sewer Ordinance to effect disconnection shall control. If MONOGRAM is ultimately disconnected, it shall still be required to pay in full its outstanding obligations to the Village consistent with the terms of this Agreement. 8.3 INDEMNIFICATION. 1. MONOGRAM agrees that if the DNR, EPA, or any other state or federal agency either (i) administratively imposes on, or seeks through the courts recovery from, the Village any fine, penalty or forfeiture for violation of any Applicable Regulation, (ii) issues a compliance order or directive to the Village based on a violation of an Applicable Regulation, or (iii) seeks the Village’s compliance with any Applicable Regulation by court action, and: a) If MONOGRAM solely caused such violation either by its breach of this Agreement (including any Violation) or by its violation of any Applicable Regulation, then MONOGRAM shall indemnify and save the Village harmless from any and all costs, damages, losses, judgments, and expenses including, but not limited to, reasonable attorney’s fees and any penalty, fine or forfeiture assessed against the Village, arising out of or resulting from such violation; or b) If MONOGRAM caused in part such violation either by its breach of this Agreement (including any Violation) or by its violation of any Applicable Regulation, then MONOGRAM shall indemnify and save the Village harmless from any and all costs, damages, losses, judgments, and expenses including, but not limited to, reasonable attorney’s fees and any fine, penalty or forfeiture assessed against the Village, resulting from or arising out of such violation to the extent that its conduct was the cause of that violation. Monogram Discharge Agreement Page 16 2. If either party is found to have violated any term of this Agreement or an Applicable Regulation, by a court ruling or judgment, the defaulting party shall indemnify, and save and hold harmless the other from any and all liability, costs, expenses, damages, and judgments, including reasonable attorney’s fees, incurred by the other party as a result of the violation. ARTICLE IX - MISCELLANEOUS PROVISIONS 9.1 RECORD KEEPING & INSPECTION. Both the Village and MONOGRAM shall maintain complete and accurate documents and records in connection with the activities and administration of this Agreement, including, but not limited to, User Charges and penalty calculation. Each party may inspect the records of the other at any time during regular business hours. 9.2 SECRECY. To the extent allowed by State law and the Village’s ordinances, any MONOGRAM record or information, except effluent data, furnished to or obtained by the Village in connection with the administration of those activities required by this Agreement or the Sewer Ordinance may be treated as confidential if MONOGRAM can demonstrate that such record or information is entitled to protection as a trade secret as defined by State law. Even if MONOGRAM makes this demonstration, the Village shall make available such confidential records or information to any governmental agency for use in the enforcement of any environment-related program. The Village, however, shall provide MONOGRAM, if possible, at least five (5) business days advanced written notices of its intention to supply any material or data concerning MONOGRAM’s wastes to any such governmental agency. 9.3 FORCE MAJEURE. 1. To ensure continuous wastewater treatment services for MONOGRAM consistent with the provisions of this Agreement, the Village shall use due diligence in the operation and maintenance of its equipment and facilities. MONOGRAM, in turn, shall use such wastewater treatment services in a manner not to interfere unreasonably with the service provided by the Village to others. 2. Except as to charges for services already provided by the Village, neither party shall be liable for damages, for breach of contract or otherwise, by reason of the failure, suspension, diminution or other variance in wastewater services as a result of injunction, fire, strike, riot, explosions, flood, earthquake, rain, wind, accident, or curtailment, interruption, failure or depletion of the Village’s water supply, failure or breakdown of equipment or facilities, acts of God, hostilities, or any other acts or conditions beyond the reasonable control of the party affected. Nor shall either party be liable for damages resulting from interruption of service, when such interruption is necessary to make repairs, changes or adjustments to equipment and facilities. The Village and MONOGRAM shall make every reasonable effort to prevent, work around, compensate, or otherwise minimize the effect of such delays or interruptions in such service. 3. The Village and MONOGRAM recognize and agree that the settlement of strikes or lockouts shall be entirely within the discretion of the party affected. Accordingly, even though the intent of the parties is that any interruption in service shall be remedied with reasonable dispatch, a settlement of strikes and lockouts shall not be required if such cost is inadvisable in the discretion of the party affected. 4. The party asserting force majeure shall provide the other party with written notice of the beginning of each period of delay or interruption within a reasonable time after knowledge of force majeure. The notice shall include a brief description of the events or circumstances of the force majeure and an estimate of the anticipated delay. The party that asserts force majeure shall provide the other party with written notice of the cessation of such events within a reasonable time after it has knowledge of cessation of any such continuing events or circumstances constituting force majeure. 9.4 NON-EXCLUSIVITY. Monogram Discharge Agreement Page 17 1. The parties recognize that the continued operation of the Wastewater Treatment Plant is essential to all users of the Sewerage System and that any dispute between the Village and MONOGRAM jeopardizing continued operation of the Village’s wastewater facilities may result in irreparable harm to the parties and the public. The parties accordingly agree that in addition to any other remedy available at law, either party may seek injunctive relief from a court of competent jurisdiction. Notwithstanding any provisions to the contrary, any penalties or other damages provided by this Agreement are in addition and supplementary to the remedies for injunctive relief. 2. None of the remedies provided by this Agreement are mutually exclusive and the remedies do not need to be exhausted or exercised as a prerequisite to resort to further relief available to either party, unless the Agreement provides otherwise. 9.5 WAIVER. The failure of either party at any time to require performance by the other of any term or condition of this Agreement shall not affect the full right of performance at any subsequent time. The waiver by either party of strict performance of any term or condition of this Agreement by the other shall not constitute a waiver of any succeeding breach of a term or condition or a waiver of the term or condition itself. 9.6 SEVERABILITY. If any provision, paragraph, word, section, or subsection of this Agreement is invalidated by any court of competent jurisdiction, the remaining provisions, paragraphs, words, sections, and subsections shall not be affected and shall continue in full force and effect. 9.7 ASSIGNMENT. Neither the Village nor MONOGRAM may assign any of its rights or obligations under this Agreement without the prior written consent of the other party. Consent by either party may not be unreasonably withheld. 9.8 BINDING EFFECT. This Agreement, and all of its terms and conditions, shall bind the Village and MONOGRAM and their respective successors, transferees and assigns, and shall inure to the benefit of their successors, transferees and assigns, if any. 9.9 NOTICE. Unless otherwise expressly required by another provision of this Agreement, all required notices shall be deemed effective if sent by certified or registered mail, return receipt requested, to the appropriate party or its legal successors as follows: If to the Village: Village Administrator Village of Plover P. O. Box 37 Plover, WI 54467 If to MONOGRAM: Monogram Appetizers, LLC 300 Moore Road Plover, WI 54467 9.10 AMENDMENT. This Agreement may only be amended by a writing signed by both parties. Monogram Discharge Agreement Page 18 9.11 GOVERNING LAW. This Agreement shall be interpreted in accordance with section 13.09(5) of the Village of Plover Municipal Code and in accordance with the laws of the State of Wisconsin, notwithstanding any choice-of-law rules that would otherwise require the application of the laws of any other jurisdiction. 9.12 ENTIRE AGREEMENT. This Agreement represents the entire agreement between the Village and MONOGRAM in connection with wastewater treatment services provided by the Village to MONOGRAM. No other terms, conditions, promises, understandings, statements, or representations, expressed or implied, covered in the subject matter of this Agreement exist or have been made. This Agreement cancels and supersedes all previous agreements and understandings, if any, written or oral, between the parties relating to the subject matter of the Agreement. 9.13 NO THIRD-PARTY BENEFICIARIES. Nothing contained in this Agreement shall create a contractual relationship with or cause of action in favor of a third-party against either the Village or MONOGRAM. 9.14 AUTHORITY. By execution of this Agreement, the representatives of MONOGRAM represent and warrant that MONOGRAM is the corporate entity with full financial and operating responsibility for the facility discharging wastewater under the MONOGRAM name in the Village of Plover, Wisconsin, and that MONOGRAM and its representatives have the necessary corporate authority to execute this Agreement and to make the commitments contained in it. 9.15 RATIFICATION. This Agreement shall not be binding on the parties until ratified by formal Village Board action authorizing its execution by the appropriate Village officials. IN WITNESS WHEREOF, the Village of Plover, acting by and through its President and Clerk, and MONOGRAM acting by and between its Representatives, hereby execute this Agreement on the date indicated. Monogram Discharge Agreement Page 19 VILLAGE OF PLOVER: BY: __________________________________________ Date __________________________ Gary Wolf, President BY: __________________________________________ Date __________________________ Tammy Wojtalewicz, Clerk MONOGRAM APPETIZERS, LLC: BY: __________________________________________ Date __________________________ BY: __________________________________________ Date __________________________ AGREEMENT FOR WASTEWATER TREATMENT SERVICES BETWEEN THE VILLAGE OF PLOVER AND MONOGRAM APPETIZERS, LLC THIS AGREEMENT, made on the 19th day of August 2026, by and between the Village of Plover (hereinafter referred to as the “Village”), a Wisconsin Municipal Corporation, and Monogram Appetizers, LLC (hereinafter referred to as “MONOGRAM”). WITNESSETH: WHEREAS Monogram Appetizers, LLC owns and operates the facility covered under this agreement; and WHEREAS the Village owns and operates a Wastewater Treatment Facility; and WHEREAS, the Wastewater Treatment Facility serves the entire Village of Plover, including the facility operated by MONOGRAM, located at 1434 Post Road in the Village of Plover, a major industrial contributor of waste loadings to the system; and WHEREAS, MONOGRAM will have need to dispose of wastewater produced at its facility; and WHEREAS the Village and MONOGRAM understand and agree that this agreement will benefit each of them and will serve to:  Assure MONOGRAM that the Village will accept and treat MONOGRAM’s wastewater.  Avoid disputes between the Village and MONOGRAM regarding the amount of charges to be paid by MONOGRAM for the use of the wastewater treatment facility over the next 5 years.  Establish specific discharge limitations for MONOGRAM.  Establish appropriate methodology for the allocation of those costs to be borne by MONOGRAM, and other responsibilities specific to it. NOW, THEREFORE, for the reasons set forth above, and in consideration of promises and the covenants and of the mutual obligations set forth herein, the Village agrees to accept and treat MONOGRAM’s wastewater, and MONOGRAM agrees to pay for the wastewater services in accordance with the following agreement: ARTICLE I DEFINITION AND USE OF PHRASES 1.1 DEFINITIONS As used in this Agreement and in the recitals hereto, the following terms and phrases shall have the following meaning, unless a different meaning clearly appears from the context. 1. “ABNORMAL WASTEWATER” means the discharge of unreasonable, abnormal toxic, or harmful substances or gases to the Sewerage System. 2. “AGREEMENT” means this wastewater treatment service contract between the Village and MONOGRAM and any subsequent amendments, supplements, addenda, or modifications to it. 3. “AMMONIA” means the concentrations of ammonia nitrogen present in both dissolved and in suspension, organic or inorganic. For purposes of this Agreement, the quantitative determination of Ammonia shall be made in accordance with the procedures set forth in NR 219, unless a different test procedure is required by an Applicable Regulation. 4. “APPLICABLE REGULATION” means the Village’s Sewer Ordinance, and all applicable State and Federal laws and regulations, including any WPDES or similar State or Federal permit, order or directive issued to the Village, controlling or regulating any aspect of the sewerage system, including, but not limited to, its maintenance and operation and the acceptability of wastewater discharged into it. This term includes all such Monogram Discharge Agreement Page 2 local, State and Federal laws and regulations now in effect, or amended, modified, adopted or issued after the signing of this Agreement. 5. “AVERAGE MONTHLY DISCHARGE LIMITATION or AMDL” means the highest allowable arithmetic average of Daily Discharges of any Parameter over a calendar month, calculated as the sum of all Daily Discharges measured during a calendar month divided by the number of Daily Discharges measured during that month for a particular Parameter. 6. “BOD” means five-day Biochemical Oxygen Demand and “COD” means Chemical Oxygen Demand, determined under Standard Laboratory Procedures as set forth in NR 219. 7. “DAILY DISCHARGE” means the total of wastewater flow in gallons or of any Pollutant Parameter in pounds measured during a calendar day or any 24-hour period that reasonably represents the calendar day for purposes of sampling. 8. “DAILY MAXIMUM LIMITATION or DML” means the highest allowable Daily Discharge of any Parameter. 9. “DNR” means the Wisconsin Department of Natural Resources or its successor. 10. “EPA” means the US Environmental Protection Agency or its successor. 11. “FOG” means fats, oils and grease, or any other material that can be extracted with Method 1664 “Hexane Extraction Method”. 12. “MAINTENANCE” means the preservation of the functional integrity and efficiency of the Village’s WWTF and efficiency of the Village’s Sewerage System. The term includes, but is not limited to, preventive maintenance, correctional maintenance, and replacement of equipment. 13. “MAXIMUM DISCHARGE LIMITATIONS or MDLs” mean either collectively or separately the Average Monthly Discharge Limitations, and Daily Maximum Limitations. 14. “MONOGRAM” means Monogram Appetizers, LLC, or its successors or assigns. 15. “NR 149” refers to chapter NR 149 of the Wisconsin Administrative Code. 16. “NR 219” refers to chapter NR 219 of the Wisconsin Administrative Code. 17. “NUTRIENT DEFICIENT” means any wastewater with a ratio of BOD to Total Nitrogen greater than 20:1; a ratio of BOD the Phosphorus greater than 100:1, or a ratio of Total Nitrogen to Phosphorus greater than 5:1. 18. “OM & R” means Operation, Maintenance, and Replacement. 19. “OPERATION” means control of all components of the Village’s Sewerage System, including its unit processes and equipment. The term includes, but is not limited to, financial and personnel management, records, laboratory control, process control, safety, and emergency operation planning. 20. “PARAMETER” means wastewater flow or any Pollutant Parameter. 21. “POLLUTANT PARAMETER” means BOD, TSS, or any other pollutant subjected to the terms and conditions of this Agreement as required by the Village or by any Applicable Regulation after the signing of this Agreement. 22. “SEWERAGE SYSTEM” means all land, buildings, machinery, sewers, and other tangible and intangible property and processes, whether currently owned or later owned, or used, by the Village for receiving, collecting, transmitting, treating or disposing of sewage. 23. “SPILL” means any accidental or uncontrolled discharge to the sewer system of 2 gallons or more, of any material that is prohibited or limited by the sewer ordinance, or which can, by itself, or in combination with other material, cause damage to or interfere with the normal operation of the sewerage system and, or, its ability to meet any Applicable Regulation. 24. “TOTAL NITROGEN” means the concentrations of all forms nitrogen present in both dissolved and in suspension, organic or inorganic. For purposes of this Agreement, the quantitative determination of total Monogram Discharge Agreement Page 3 nitrogen shall be made in accordance with the procedures set forth in NR 219, unless a different test procedure is required by an Applicable Regulation. 25. “TOTAL - P (Total Phosphorus)” means the concentrations of phosphorus present in the forms of ortho- phosphate and condensed phosphates, both dissolved and in suspension, organic or inorganic. For purposes of this Agreement, the quantitative determination of Total-P shall be made in accordance with the procedures set forth in NR 219, unless a different test procedure is required by an Applicable Regulation. 26. “TSS” means total suspended solids that either float on the surface of or are in suspension in sewage, and which are removable by a laboratory filtration device. The methods for determining total suspended solids shall be those set forth in NR 219. 27. “USER CHARGE” means the charge assessed by the Village against all users of its Sewerage System, including MONOGRAM, for the users’ proportionate and fair share of the OM & R costs of the Sewerage System. The Village’s computation of the charge assessed against each user is based on the approved User Charge System, and prescribed by the Sewer Ordinance, as modified from time to time. 28. “VILLAGE” means the Village of Plover, a Municipal Corporation organized and existing under the laws of the State of Wisconsin, with its principal place of business at 2400 Post Road, Plover, WI., County of Portage, State of Wisconsin. 29. “VILLAGE’S SEWER ORDINANCE OR SEWER ORDINANCE” means the Village’s sewer use and user charge ordinance now in effect, and any subsequent amendments to or recreations of it. 30. WASTEWATER” means the spent or used water of the Village and of any other area served by the Village’s Sewerage System. The source may be a combination of the liquid and water-carried wastes from residences, commercial buildings, industrial facilities, including MONOGRAM, and institutions, together with any groundwater, surface water and storm water that may be present in the Village’s Sewerage System. 31. “WASTEWATER TREATMENT FACILITY or WWTF” means the Plover Wastewater Treatment Facility, and related facilities, located at 4496 Coolidge Avenue, which is owned and operated by the Village of Plover. 32. “WPDES PERMIT” means any or all the Wisconsin Pollutant Discharge Elimination System permits issued to the Village by the DNR during the term of this Agreement. ARTICLE II GENERAL SERVICE CONDITIONS 2.1 PURPOSE OF AGREEMENT. 1. GENERALLY. The purpose of this Agreement is to establish specific guidelines for MONOGRAM’s use of the Village’s Sewerage System and to delineate the responsibilities and obligations of each of the parties in connection with that use. This Agreement is not intended, however, to supplant or supersede any Applicable Regulation now or later in effect. 2. DISCHARGE LIMITATIONS. This Agreement establishes certain maximum flow and Pollutant Parameter limits for the wastewater discharged by MONOGRAM from its facility into the Village’s Sewerage System. It correspondingly commits the Village to treat the wastewater generated by that facility provided MONOGRAM abides by all the terms and conditions of this Agreement, including the Maximum Discharge Limitations, and all Applicable Regulations. The Village shall solely determine the method, manner, and means for it to meet its treatment commitments under this Agreement. 2.2 WASTEWATER SERVICES PROVIDED. 1. ACCEPTANCE OF WASTEWATER. Subject to the terms of this Agreement, the Village shall accept and treat that wastewater generated by MONOGRAM’s facility. Monogram Discharge Agreement Page 4 2. PAYMENT OF CHARGES. In return for the Village’s treatment of its wastewater, MONOGRAM shall pay to the Village all User Charges and fees required by this Agreement or any Applicable Regulation. 2.3 NON-RESERVATION OF CAPACITY. This Agreement shall not be construed, nor is it intended to: 1. Reserve any part of the capacity of the Wastewater Treatment Plant for the sole use or benefit of MONOGRAM; or 2. Grant to MONOGRAM the right to use any part of the Wastewater Treatment Plant, except on the same basis as other members of the general public. 2.4 APPLICABLE REGULATIONS CONTROL. MONOGRAM’s use of the Village’s Sewerage System shall be governed by and conform to all controlling provisions of Applicable Regulations. If any provision of this Agreement conflicts with any Applicable Regulation, that regulation shall control. 2.5 VIOLATIONS. 1. Ordinance Violation Only. If, by its conduct or otherwise, MONOGRAM violates any applicable provision of the Sewer Ordinance only, the Village reserves the right to pursue against MONOGRAM any or all appropriate remedies available to it under that regulation, including the imposition of forfeitures. This Agreement shall not be construed, nor is it intended, to preclude in any manner the right of the Village to fully and effectively enforce all provisions of the Sewer Ordinance against MONOGRAM. 2. Concurrent Violations. If, by its conduct or otherwise, MONOGRAM simultaneously violates a provision of the Sewer Ordinance and a corresponding term of this Agreement, the Village may rely on any appropriate remedy prescribed by the Sewer Ordinance to enforce or respond to both violations. By its reliance on any such Ordinance-based remedy, the Village shall not, however, be deemed to have elected its remedies, and it expressly reserves the right to pursue any other remedy available to it at law or under this Agreement. ARTICLE III TERM 3.1 TERM It is agreed this Agreement shall become effective on August 1, 2026, and be in effect for a term of five (5) years. 3.2 RENEWAL TERMS MONOGRAM has the option to renew this agreement for an additional 5-year term at the end of the current agreement. The terms and conditions of the renewed agreement shall be the same as the terms and conditions of the agreement in effect at the end of the prior term. 3.3 RENEWAL In the event MONOGRAM intends to renew this contract for an additional period beyond its initial term, written notice shall be given to the Village of Plover no less than one hundred twenty (120) days prior to the expiration of the initial term of this agreement. Monogram Discharge Agreement Page 5 ARTICLE IV DISCHARGE LIMITS 4.1 MAXIMUM DISCHARGE LIMITATIONS (MDLs). 1. In return for MONOGRAM’s continued compliance with the terms of this Agreement, the Village shall accept and treat the wastewater discharged from MONOGRAM, up to the following MDLs: PARAMETER AVERAGE MONTHLY DISCHARGE LIMITATION DAILY MAXIMUM LIMITATION FLOW 75,000 GPD 105,000 GPD BOD 750 lb./day 1,050 lb./day TSS 750 lb./day 1,050 lb./day pH --- <5.5, or > 9.0 TOTAL PHOSPHORUS 4 lb./day 6 lb./day AMMONIA 12.5 lb./day 17.5 lb./day FATS, OILS, AND GREASE 100 mg/l 100 mg/l 4.2 ADDITIONAL MDLs The Village reserves the right to add pollutant parameters, with MDLs, to this agreement under the following conditions. 1. To ensure MONOGRAM’s continued compliance with all Applicable Regulations in connection with its discharge of wastewater into the Sewerage System; or 2. To ensure the Village’s continued compliance with its WPDES Permit limitations and with all Applicable Regulations; or 3. To remedy current, or to avoid any future, disruptions or upsets of, or interference with, the operations of the Sewerage System, including its treatment and sludge processes, within the meaning of any Applicable Regulation. 4. Provides written notice to MONOGRAM 120 days prior to the effective date of the new pollutant parameter MDL. The Village may allow a longer notice period, at its discretion. 4.3 REDUCTION OF MDLs. The Village reserves the right to reduce MONOGRAM’s MDLs under the following conditions. 1. The Village may unilaterally reduce any of MONOGRAM’s MDL’s if the reduction is necessary to: a) Ensure MONOGRAM’s continued compliance with all Applicable Regulations in connection with its discharge of wastewater into the Sewerage System; or Monogram Discharge Agreement Page 6 b) Ensure the Village’s continued compliance with its WPDES Permit limitations or requirements; or c) Remedy or contribute to the elimination of any ongoing violation of the Village’s WPDES Permit; or d) Remedy the projected noncompliance with the Village’s WPDES Permit limitations or requirements in the future, or e) Remedy current, or to avoid any future, disruptions or upsets of, or interference with, the operations of the Sewerage System, including its treatment and sludge processes, within the meaning of any Applicable Regulation. 2. The level or nature of MONOGRAM’s continued wastewater discharge within the MDL limits either alone or in conjunction with discharges from other sources, has directly caused or significantly contributed to, or will likely cause or significantly contribute to any of the conditions in section 4.3 (1) above. 3. The Village may unilaterally reduce the MDL’s, in the event that MONOGRAM modifies its production process, or wastewater treatment system, and said modification results in a stable and consistent reduction in the routine discharge amount of an MDL. 4. The newly reduced MDLs are set at a level reasonably needed to: a) Ensure the Village’s compliance with its WPDES Permit limitations and requirements, or b) Avoid any interference with, or upset or disruption of, the Village’s Sewerage System, or c) Ensure MONOGRAM’s compliance with all Applicable Regulations. 5. NOTICE OF REDUCTION. No unilateral reduction by the Village of an MDL shall become effective unless the Village has provided at least a 30-day written notice to MONOGRAM of its intent to implement the specified reduction. This notification shall specify the new MDL level(s) and the proposed effective date. If MONOGRAM undertakes a study as permitted by section 4.3.6, the effective date for the reduced MDL level(s) shall be postponed for an additional thirty (30) days, unless the parties agree to a longer extension of time. 6. MONOGRAM REVIEW. a) Within thirty (30) days after the Village’s notice of a MDL reduction, MONOGRAM may, at its own cost, initiate a study of the Village’s Sewerage System and its own wastewater discharge to assess the possibility of other feasible options available to the Village including: i) No MDL reduction; ii) A smaller MDL reduction; or iii) A phased MDL reduction based on either the Village’s or MONOGRAM’s proposed MDL reduction. b) To the extent possible, the Village shall cooperate with MONOGRAM in connection with its performance of such a study. Once completed, the study shall be provided to the Village for its review and consideration of those recommendations, if any, outlined by the study. By its consideration of the study, however, the Village shall not be bound to accept any of the recommendations and may reject them on any reasonable engineering, policy, financial, or other basis. The Village will use its best efforts to institute any recommendations it has accepted as quickly as is reasonably possible. c) Until all the reasons for a MDL reduction are eliminated, the modified MDL level(s) shall remain in effect. Monogram Discharge Agreement Page 7 7. EMERGENCY. a) The Village and MONOGRAM recognize and agree that in an emergency, the Village may need to temporarily impose restrictions on the level of MONOGRAM’s wastewater discharged into the System to prevent or alleviate a condition potentially injurious to the public’s health, safety, or welfare. To the extent possible, the Village shall first initiate all reasonable efforts to address the emergency by means other than restricting MONOGRAM’s wastewater discharge. If all other alternative approaches prove impracticable or unreasonable, however, the Village may require MONOGRAM to limit temporarily its discharge, provided the reduction is not unjustly discriminatory to MONOGRAM. b) No temporary restriction of MONOGRAM’s wastewater discharge may exceed 48 consecutive hours, unless the Village determines, based on the opinion of the Village’s Administrator, that both a longer period is necessary to protect the public’s health, safety or welfare and no other feasible alternative is available. If within its control, the Village shall take all reasonable steps necessary to alleviate or eliminate the emergency as quickly as possible. 8. CHARGES UNCHANGED - A unilateral reduction of a MDLs or a temporary restriction on MONOGRAM’s wastewater discharges shall not affect MONOGRAM’s User Charge obligations prescribed by this Agreement or the Sewer Ordinance. 4.4 INCREASES IN MDLs. 1. GENERAL. Notwithstanding any provision of this Agreement, the Village has, and shall continue to retain, control over the access of all users, including MONOGRAM, to its Sewerage System. MONOGRAM acknowledges and agrees that this retention of absolute control by the Village is essential to ensure the proper functioning and viability of the System. 2. MONOGRAM REQUEST FOR MDL INCREASE. During the term of this Agreement, MONOGRAM may request an increase in a MDL or a group of MDLs. MONOGRAM shall submit its request for an MDLs increase to the Village adequately in advance of the date that MONOGRAM shall need the additional capacity. In the event that MONOGRAM is aware that any physical modification, improvement or expansion of the Wastewater Treatment Facility, or Sewerage System, will be necessary to accommodate its request, MONOGRAM shall submit its request at least two (2) years prior to the date of its anticipated need for the additional capacity. 3. VILLAGE RESPONSE. Within ninety (90) days after receipt of MONOGRAM request, the Village shall advise MONOGRAM of the Village’s willingness, ability from a capacity standpoint, and proposed method, if appropriate, to accommodate MONOGRAM’s request for increased MDL levels. The Village’s response may consist of one or a combination of the following: a) Village Disapproval Generally. If for any reason the Village is unwilling to accommodate MONOGRAM’s request for an increased MDL level(s), the Village shall notify MONOGRAM in writing of its disapproval of the request. If subsequently requested by MONOGRAM, the Village shall meet with MONOGRAM and discuss the reasons for its disapproval, and may, notwithstanding its initial disapproval, investigate with MONOGRAM potential approaches to reasonably accommodate MONOGRAM’s request. By its participation in these discussions, however, the Village shall not be deemed obligated to reverse its prior decision of disapproval. b) Adequate Capacity Unavailable. i) If adequate capacity is unavailable to accommodate MONOGRAM’s request for an increased MDL level(s), the Village shall notify MONOGRAM in writing of its disapproval of the request. In its response, the Village shall specifically indicate that the basis for its disapproval is the inadequacy of capacity, and shall outline, if the information is available, the nature or scope of the improvements or equipment required to increase the capacity of the System to accommodate MONOGRAM’s request. Monogram Discharge Agreement Page 8 ii) If subsequently requested by MONOGRAM, the Village shall meet with MONOGRAM and discuss possible engineering options to accommodate MONOGRAM’s request for an increased MDL level(s). If the Village ultimately agrees to expand, improve, or modify the Plant or related facilities to accommodate MONOGRAM’s request, MONOGRAM shall reimburse the Village for those Capital Costs incurred based on a repayment schedule negotiated by the parties. c) Capacity Readily Available. If the Village determines that adequate capacity is readily available to accommodate MONOGRAM’s request for an increased MDL level(s) without capital improvements, and if the Village is otherwise willing to accommodate MONOGRAM’s request, the Village, in response to MONOGRAM’s request, may unilaterally prepare an amendment to this Agreement and present it to MONOGRAM for its approval. If MONOGRAM rejects the Village-prepared amendment, the parties shall meet and attempt to negotiate in good faith a mutually acceptable modification of this Agreement. If the parties enter negotiations, however, the Village shall not be deemed obligated to reach an agreement with MONOGRAM for modification of this Agreement. d) Capacity From Other Users. If the Village is aware that another System user may be willing to decrease its MDL level(s), the Village shall so inform MONOGRAM. If the other user ultimately agrees to reduce its MDL(s) to accommodate MONOGRAM, the Village shall consent to the newly proposed MDL level(s) for both users through an appropriate amendment to this Agreement and to its agreement, if any, with the other affected user, provided: i) The principles of this Agreement are maintained; and ii) The Village does not anticipate the need to unilaterally reduce MONOGRAM’s MDL level(s) or temporarily restrict MONOGRAM’s wastewater discharge in accordance with Section 4.2. 4.5 ROUTINE REPAIR AND MAINTENANCE. MONOGRAM recognizes that the Village needs to perform routine repair and maintenance work in connection with the Sewerage System and that this work may temporarily affect the availability of sewer services. The Village, therefore, shall, to the greatest extent possible, schedule its repair and maintenance work in a manner to minimize any effect on MONOGRAM’s production. To that end, the Village shall, when feasible, notify MONOGRAM of any proposed Village repair or maintenance work that may temporarily affect the sewer service provided to MONOGRAM. 1. The Village agrees to clean the sanitary sewer downstream of the MONOGRAM facility once each calendar year as routine maintenance and upkeep of the sanitary sewers. If the discharge to the sanitary sewer from the MONOGRAM necessitates more frequent cleaning of the sanitary sewers, MONOGRAM will be billed the actual cost of cleaning the sanitary sewers. ARTICLE V: EXCEEDANCES/ABNORMAL WASTEWATER 5.1 EXCEEDANCES. 1. NOTICE. The Village shall provide written notice to MONOGRAM of any Violation as defined in Subsection (2). This notice shall be provided within forty-five (45) days of the Village’s identification of the Violation based on recorded measurements or the results of laboratory analyses of samples taken. The Village may also provide prompt oral notification of any extraordinary event or occurrence observed and deemed by the Village to be attributable to MONOGRAM’s wastewater discharge. The purpose of an oral notification is to inform MONOGRAM of an apparent exceedance, or operational upset or interference as soon as practicably possible. However, an oral notification shall not be deemed a substitute for written notification and shall not provide the basis for the finding of a Violation unless subsequently confirmed by written notification. 2. VIOLATION DEFINED. Monogram Discharge Agreement Page 9 a) VIOLATION GENERALLY For purposes of this Agreement, a “Violation” may constitute either a “Minor Violation” or a “Serious Violation.” b) MINOR VIOLATION A Minor Violation shall constitute any single exceedance of any MDL, unless the exceedance is a Serious Violation as defined by Paragraph (c). c) SERIOUS VIOLATIONS MONOGRAM shall have committed a Serious Violation if any of the following conditions are met: i) Any single MDL exceedance directly causes or contributes to a) WPDES Permit Violation or b) An upset or disruption of, or interference with, the operations of the Sewerage System within the meaning of any Applicable Regulation; or ii) Exceedance of any Daily Maximum MDL at least once a month, during any five calendar months in a consecutive 12-month period. iii) Three or more exceedances of any average monthly MDL during a consecutive twelve-month period. d) Notwithstanding paragraphs (b) and (c), MONOGRAM shall be subject to all restrictions on wastewater discharges prescribed by the Sewer Ordinance, including, but not limited to, the prohibition against deleterious discharges as defined by the Sewer Ordinance. 3. VIOLATIONS DATA. a) VILLAGE DATA USED SUBJECT to Article VII, all samples collected and laboratory analyses performed by the Village shall be used for the purpose of determining a Violation. If any Village generated data indicates a Violation has occurred, the Village shall communicate that information to MONOGRAM in accordance with the requirements of Subsection (1). 4. REPEATED SERIOUS VIOLATIONS. a) If MONOGRAM repeatedly commits Serious Violations during the term of this Agreement, the parties may meet and discuss a possible change in the MDL levels or, if appropriate, the potential need for MONOGRAM to undertake certain corrective measures to eliminate the cause(s) for the Serious Violations. As part of these discussions, the parties may particularly focus on whether or not the Village could feasibly accommodate an increase in MONOGRAM’s MDL levels based on existing facilities. By meeting, however, the Village shall not be deemed obligated to consent to any MDL increase or to any capital improvement to the Sewerage System. b) For purposes of this Subsection, repeated Serious Violations shall mean two (2) or more Serious Violations in a consecutive twelve (12) month period. 5. WAIVER. a) If the Village fails to provide MONOGRAM written notice of a Violation under Subsection (1), the Village shall be deemed to have waived its rights to assess a penalty against MONOGRAM under this Agreement based on that Violation. b) The failure of the Village to provide MONOGRAM written notice of a Violation shall not constitute a waiver by the Village of its rights under this Agreement to assess a penalty based on a Violation of a comparable nature in the future. 5.2 PENALTIES FOR EXCEEDANCES. Monogram Discharge Agreement Page 10 1. PROCEDURE a) If MONOGRAM commits a Violation during the term of this Agreement, is shall pay to the Village an appropriate penalty listed in Subsection (2). b) If MONOGRAM disputes a violation, it will take the following steps to resolve the dispute. i) Within thirty (30) days of the notice of violation, MONOGRAM will arrange a meeting with the Village Administrator to discuss the merits of the violation determination. ii) If, after this meeting, MONOGRAM continues to dispute the violation, it will present the issue at the next regularly scheduled Village Water and Wastewater Utility Committee meeting for the Committee determination. iii) If, after this meeting, MONOGRAM continues to dispute the violation, it will present the issue at the next regularly scheduled Village Board meeting. The decision of the Village Board is the final step in the dispute resolution process. c) If MONOGRAM disputes a Violation, it shall be relieved of the obligation to pay the appropriately corresponding penalty while the Violation is the subject of a dispute resolution. However, if a Violation is not contested by MONOGRAM in the time specified above, or if it is ultimately upheld after the dispute resolution process is complete, or court proceedings have been fully exhausted, the Village shall compute the penalty and include it in the next monthly User Charge statement provided to MONOGRAM. MONOGRAM shall remit to the Village the proper penalty amount, together with its monthly User Charge payment, within the time period permitted by the Village’s Sewer Ordinance for payment of User Charges. If MONOGRAM fails to timely pay the penalty, the penalty shall be deemed delinquent, and the rights and obligations of both parties regarding that delinquent penalty shall be controlled by Article VIII. 2. DAMAGES. a) Minor Violation Damages for a Minor Violation of the Average Monthly Discharge Limitation (“AMDL”), or Daily Maximum Limitation (“DML”), committed by MONOGRAM shall be computed as follows: i) Average Monthly Discharge Limitation The amount of the parameter in excess of the AMDL times the number of days in the month, will be charged at the regular rate times one half (1/2). ii) Daily Maximum Limitation The amount of the parameter in excess of the DML will be charged at the regular rate times one half (1/2). iii) FOG Average Monthly Discharge Limitation Exceedance of the Average Monthly Discharge limitation for FOG will result in damages of $2,000. iv) FOG Daily Maximum Limitation Exceedance of the FOG Daily Maximum Discharge limitation for FOG will result in damages of $250 each day the exceedance occurs. b) Serious Violation If MONOGRAM commits a Serious Violation of any MDL, as described by Section 5.1(2)(c), it shall pay to the Village the following costs and damages as determined by following schedule: i) Damages charged at twice the rate listed for minor violations. ii) Costs and expenses, including fines, forfeitures and legal fees, incurred by the Village, if a violation results in a WPDES Permit violation; iii) Costs and expenses incurred by the Village, if a violation results in an upset or disruption of, or interference with, the operations of the Sewerage System; Monogram Discharge Agreement Page 11 iv) Damages up to $200 (Two Hundred Dollars) per day, for the duration of the event listed below; a) A WPDES Permit violation or, b) An upset of or interference with the operation of the Sewerage System. 5.3 ABNORMAL EFFLUENT If MONOGRAM discharges or causes the discharge of unreasonable, abnormal toxic, or harmful substances or gases (“Abnormal Wastewater”) to the Sewerage System, the cost of any necessary repairs, cleaning, materials purchased, or replacement performed by the Village due to the Abnormal Wastewater shall be billed to and paid by MONOGRAM as follows: 1. If MONOGRAM’s Abnormal Wastewater solely and directly caused the Village to incur those costs, MONOGRAM shall be responsible for reimbursement of all costs; or 2. If MONOGRAM’s Abnormal Wastewater contributed to the Village incurring those costs, MONOGRAM shall pay, as determined by the Village, its proportional share of the costs attributable to its Abnormal Wastewater. 3. If MONOGRAM’s Abnormal Wastewater is nutrient deficient, MONOGRAM’s will add the deficient nutrient(s) at a rate and quantity to bring the nutrient ratio into an acceptable range. 5.4 SPILLS MONOGRAM must prepare a spill response plan. The plan must be submitted to the WWTF for approval. The plan will include: 1. Immediate notification the WWTF, by phone, of any spill that occurs. 2. Providing a written report of the spill to the WWTF within 5 days of the spill event. Information will include: a) Material, including MSDS sheets and any other available data. b) Time and date. c) Amount of material lost. d) How the spill occurred. e) Measures taken to respond to spill. f) Remedial action to prevent further spills. 5.5 PRETREATMENT. If MONOGRAM repeatedly discharges Abnormal Wastewater or wastewater in excess of the MDLs levels, the Village may direct MONOGRAM to provide additional pretreatment of the wastewater, at MONOGRAM’s expense, prior to its introduction into the system. As appropriate, the pretreatment process should either reduce the strength characteristics of MONOGRAM’s wastewater to conform to the MDL level(s) specified in Section 4.1, or eliminate the harmful, toxic or abnormal substances from the wastewater. ARTICLE VI: TREATMENT CHARGES 6.1 CHARGES GENERALLY. For the treatment and collection of the wastewater, MONOGRAM shall pay Village User Charges, and a Customer Service Charge. These charges shall be paid by MONOGRAM on a monthly basis. 6.2 USER CHARGES The User Charges and the Customer Service Charge payable by MONOGRAM shall be calculated in accordance with the rates prescribed by the Sewer Ordinance and are intended to cover MONOGRAM’s fair and proportionate share of the OM & R costs of the Sewerage System. These charges are Monogram Discharge Agreement Page 12 currently assessed and allocated based on MONOGRAM’s actual volume, and BOD and TSS loadings as determined by the Village through a measurement and sampling program. However, MONOGRAM recognizes and agrees that after the signing of this Agreement, the Village may, modify its User Charges System, which is the basis for the User Charge. Changes to the User Charge System may include generating increased revenues, modifying the methodology for allocation of OM & R costs, or allocating OM & R costs based on additional Pollutant Parameters. 1. If MONOGRAM permanently ceases operations of its facility, MONOGRAM may transfer responsibilities and rights granted to it by this Agreement, to a successor owner of the Facility if approval is granted by the Village. This approval shall not be unreasonably withheld. 6.3 BILLINGS. The Village shall bill the User Charges and customer service charge monthly for wastewater services provided during the previous month. The Village’s billing format for MONOGRAM shall delineate each of these charges separately. All of the other provisions of the Sewer Ordinance in connection with billing and collection of wastewater service charges shall apply, unless otherwise contrary to the provisions of this Agreement. ARTICLE VII - MONITORING 7.1 GENERALLY. 1. FACILITIES MAINTAINED BY MONOGRAM. MONOGRAM shall provide and maintain the necessary industrial wastewater monitoring and sampling facilities in accordance with the applicable provisions of the Sewer Ordinance. The cost of the installation and continued maintenance of these devices shall be borne by MONOGRAM. The facilities include: a) Installation of a sampling manhole on the combined discharge from the MONOGRAM’s facility. b) A refrigerated sampler that is capable of sampling on a flow proportional or time basis. c) Install additional water meters as required to determine the volume of water being discharged to public sewer. d) MONOGRAM will install pH monitoring equipment, if directed to do so by the Wastewater System Manager at a later date. e) If supply water meters are unable to determine the volume of water discharged to public sewer, MONOGRAM shall install a flow measurement device. The flow meter will have a non-resettable totalizer and a flow rate indication. Flow meter will have a data logging function capable of recording daily total flows for a minimum of 60 days. MONOGRAM will provide to the WWTF the software necessary to download and display flow information on a portable computer, if necessary. 2. SAMPLES/LAB ANALYSIS. a) The operation of the metering and sampling devices, including the reading and recording of the discharge volume, shall be performed by the Village. Samples of MONOGRAM’s wastewater shall be collected as directed by the Wastewater System Manager and shall be analyzed by the Village’s laboratory, or a commercial laboratory designated by the Village, at MONOGRAM’s expense. These costs shall be billed and paid by MONOGRAM on a monthly basis. The sample shall be a 24-hour time or flow proportional sample. b) In its analysis of the samples, the Village shall use laboratory techniques and procedures set forth in NR 149, unless another test procedure or methodology is required by Applicable Regulations. Monogram Discharge Agreement Page 13 3. SPLIT SAMPLES MONOGRAM may request that samples taken be split with MONOGRAM. MONOGRAM will make a request for split samples seven days in advance of the split sampling. 4. ACCESS TO EQUIPMENT MONOGRAM and the Village shall have unrestricted right of access to the metering and sampling devices and recording instruments and may make any accuracy tests or other inspections deemed necessary or desirable. 5. ACCESS TO DATA MONOGRAM shall have access to all metering, sampling or lab analysis data performed by or for the Village in connection with MONOGRAM’s Facility. The Village, in turn, shall have access to metering, sampling or lab analysis data prepared by or for MONOGRAM. 6. CALIBRATION AND VERIFICATION If a discharge flow meter is installed, MONOGRAM and the Village agree that the meters shall be calibrated by a manufacturer’s representative or other independent party annually. If metering records indicate possible inaccuracy, the meter will be calibrated as needed to maintain accuracy. To avoid sampling problems, either party may initiate special procedures to verify that the sampler for MONOGRAM is collecting representative samples. If a party does initiate verification of a sampler, it shall provide notice to the other party no less than the two (2) days before the verification is to be made. All costs associated with the calibration and verification, whether initiated by the Village or MONOGRAM, shall be borne by MONOGRAM. 7.2 METERING MALFUNCTION OR IDENTIFIABLE SAMPLING INACCURACY. 1. MONOGRAM and the Village recognize that metering, sampling, and lab analysis may be subject to malfunction or imprecision. If a dispute arises regarding metering or sampling accuracy, the parties shall attempt to resolve it in accordance with the guidelines prescribed by this Section. 2. If a meter malfunctions or is demonstrated to have provided incorrect readings, or if an identifiable consistent sampling bias or error can be established, the volume and strength of wastewater discharged by MONOGRAM shall be based on historical data and reasonable engineering estimates of flow and strength. This extrapolation, as determined by the Village in consultation with MONOGRAM, shall take into account all materially known product variations. 3. When directed by the Village, MONOGRAM shall furnish and install a temporary meter or sampling device until a permanent meter or sampler if operating properly. The data generated by the temporary equipment shall be used in lieu of historical data. 4. Retroactive billing adjustments shall be made accordingly for that period of meter or sampling inaccuracy, up to a maximum of six (6) months prior to discovery of the malfunction, incorrect reading, or sampling error. To be entitled to a retroactive adjustment of charges, a party must establish the existence of an inaccuracy or error to a reasonable degree of scientific certainty. 7.3 VERIFICATION OF LAB ANALYSIS. 1. Notwithstanding Section 7.2, MONOGRAM may request that it and the Village jointly conduct, at their own expense and with their own consultants, seven (7) day tests on all parameters using split samples to verify lab analysis accuracy. MONOGRAM may not make this request more than once a year. 2. Samples shall be analyzed by the Village and by a Village-approved State-certified or recognized laboratory employed by MONOGRAM. If the Village’s and MONOGRAM’s average daily values for BOD are within 30% of each other, and their average daily values for TSS are within 20% of each other, then no further action need be taken. If the BOD spread is greater than 30%, or the TSS spread is greater than 20%, the parties shall then have thirty (30) days from receipt of the test results to determine the possibility of any improper procedure employed by the Village in its lab analysis or in the laboratory employed by MONOGRAM. Once such study has been completed, another seven-day test shall be performed. If MONOGRAM requests, an additional State-certified laboratory approved by both parties may participate in the test, whose costs shall be borne solely by MONOGRAM. Based on the results of this test, if the Village’s average daily value for BOD is within 30% of either of the other two labs Monogram Discharge Agreement Page 14 and its average daily value for TSS is within 20% of either of the other two labs, then no further action needs to be taken. If the Village’s average daily values for both BOD and TSS are not within the respectively required 30% and 20% spreads, then the Village and MONOGRAM shall mutually select an independent laboratory for continued analysis of MONOGRAM’s wastewater samples based on the procedures prescribed by Subsection (3). 3. If an independent laboratory is retained to analyze MONOGRAM’s wastewater samples, each sample taken shall be split into three (3) portions with one of the three splits provided to the Village, MONOGRAM, and the independent laboratory. The laboratory shall analyze the submitted portions and report the results simultaneously to the Village and MONOGRAM. Until the percentage spread between the Village’s laboratory analysis and the independent laboratory’s analysis is less than 30% for BOD and less than 20% for TSS: a) The Village shall continue to submit a portion of each sample to the same independent laboratory for analysis; b) The analytical results from the independent laboratory shall be used for billing purposes as follows: i) If the independent laboratory is retained for an entire calendar month, only its lab results shall be used to calculate MONOGRAM’s User Charges for that month; or ii) If the independent laboratory is retained only for a part of the calendar month, the lab results of that laboratory and the lab results of the Village’s laboratory for the remainder of the month shall be used to calculate MONOGRAM’s User Charges for that calendar month; and c) The independent laboratory’s analytical results, as appropriate, shall be used for monitoring and enforcement purposes. 4. MONOGRAM shall pay all costs associated with the analyses performed by the independent laboratory under Subsection (3). ARTICLE VIII REMEDIES 8.1 EVENT OF DEFAULT 1. Any of the following Events, if they occur, shall constitute an “Event of Default” for purposes of this Agreement. a) Failure by MONOGRAM to timely pay all or any portion of a User Charge, penalty, or other fee or charge after appropriately billed to MONOGRAM by the Village under the terms of this Agreement; or b) Failure by MONOGRAM or the Village to comply with or observe any of the provisions or conditions of this Agreement. 2. No Default shall become an Event of Default unless notice of such Default by registered or certified mail, return receipt requested, is provided to the party in Default. Within thirty (30) days after receipt of the notice, the party in default may: a) Cure the Event of Default by payment of any delinquent charge, penalty, or fee, or by immediate compliance with the breached term or condition of the Agreement. Except for a Default based on non-payment of a charge, fee or penalty, the time period for right to cure the Default may be extended by mutual agreement of the parties. b) If immediate compliance with the breached term or condition of the Agreement is impracticable or unreasonable, agree in writing to adhere to the Agreement and set forth, if appropriate, a Monogram Discharge Agreement Page 15 suggested compliance schedule establishing deadlines to ensure future compliance with the breached term or condition of this Agreement. If the non-defaulting party objects to the suggested compliance schedule, the parties shall meet and discuss its possible modification. If within twenty (20) days after these discussions commence the parties are unable to agree on an acceptable compliance schedule, the non-defaulting party may, at its discretion, pursue any or all remedies available to it subject to the provisions of this Section. c) Dispute the Event of Default by initiation of dispute resolution procedures as defined by Section 5.2(1)(b). 3. If the party in default fails to timely respond to the noticed Default consistent with any of the allowable options provided by Subsection (2), the other party may, at is discretion, pursue any and all remedies available to it as provided by the terms of this Agreement, including the commencement of a court action to compel compliance. 4. If the Village commences legal action for the collection of any delinquent charge, fee, or penalty owed under this Agreement or the Sewer Ordinance, the Village may recover from MONOGRAM all costs, including reasonable attorney’s fees, incurred by the Village in that action if it prevails. 8.2 REMEDIES GENERALLY. Subject to Sections 8.1 either party may, based on an Event of Default, enforce its rights in any court of competent jurisdiction for declaratory judgment, damages, specific performance or other relief as may be provided by law. No remedy conferred on or reserved to either party is intended to be exclusive of any other remedy available to that party at law or in equity. Every such right and power vested in either party may be exercised from time to time and as often as may be deemed necessary. No waiver of a Default or an Event of Default by either party shall extend to or shall affect any subsequent Default or Event of Default or shall impair any right or remedy based on those subsequent occurrences. 1. VILLAGE-SPECIFIC REMEDIES. In addition to any other available remedy, the Village may cease to accept the wastewater of MONOGRAM based on any Event of Default described by Section 8.1. If MONOGRAM fails to pay any required charge, fee or penalty, and if the Village solely pursues the remedy of disconnection in response to that MONOGRAM violation, those procedures prescribed by the Sewer Ordinance to effect disconnection shall control. If MONOGRAM is ultimately disconnected, it shall still be required to pay in full its outstanding obligations to the Village consistent with the terms of this Agreement. 8.3 INDEMNIFICATION. 1. MONOGRAM agrees that if the DNR, EPA, or any other state or federal agency either (i) administratively imposes on, or seeks through the courts recovery from, the Village any fine, penalty or forfeiture for violation of any Applicable Regulation, (ii) issues a compliance order or directive to the Village based on a violation of an Applicable Regulation, or (iii) seeks the Village’s compliance with any Applicable Regulation by court action, and: a) If MONOGRAM solely caused such violation either by its breach of this Agreement (including any Violation) or by its violation of any Applicable Regulation, then MONOGRAM shall indemnify and save the Village harmless from any and all costs, damages, losses, judgments, and expenses including, but not limited to, reasonable attorney’s fees and any penalty, fine or forfeiture assessed against the Village, arising out of or resulting from such violation; or b) If MONOGRAM caused in part such violation either by its breach of this Agreement (including any Violation) or by its violation of any Applicable Regulation, then MONOGRAM shall indemnify and save the Village harmless from any and all costs, damages, losses, judgments, and expenses including, but not limited to, reasonable attorney’s fees and any fine, penalty or forfeiture assessed against the Village, resulting from or arising out of such violation to the extent that its conduct was the cause of that violation. Monogram Discharge Agreement Page 16 2. If either party is found to have violated any term of this Agreement or an Applicable Regulation, by a court ruling or judgment, the defaulting party shall indemnify, and save and hold harmless the other from any and all liability, costs, expenses, damages, and judgments, including reasonable attorney’s fees, incurred by the other party as a result of the violation. ARTICLE IX - MISCELLANEOUS PROVISIONS 9.1 RECORD KEEPING & INSPECTION. Both the Village and MONOGRAM shall maintain complete and accurate documents and records in connection with the activities and administration of this Agreement, including, but not limited to, User Charges and penalty calculation. Each party may inspect the records of the other at any time during regular business hours. 9.2 SECRECY. To the extent allowed by State law and the Village’s ordinances, any MONOGRAM record or information, except effluent data, furnished to or obtained by the Village in connection with the administration of those activities required by this Agreement or the Sewer Ordinance may be treated as confidential if MONOGRAM can demonstrate that such record or information is entitled to protection as a trade secret as defined by State law. Even if MONOGRAM makes this demonstration, the Village shall make available such confidential records or information to any governmental agency for use in the enforcement of any environment-related program. The Village, however, shall provide MONOGRAM, if possible, at least five (5) business days advanced written notices of its intention to supply any material or data concerning MONOGRAM’s wastes to any such governmental agency. 9.3 FORCE MAJEURE. 1. To ensure continuous wastewater treatment services for MONOGRAM consistent with the provisions of this Agreement, the Village shall use due diligence in the operation and maintenance of its equipment and facilities. MONOGRAM, in turn, shall use such wastewater treatment services in a manner not to interfere unreasonably with the service provided by the Village to others. 2. Except as to charges for services already provided by the Village, neither party shall be liable for damages, for breach of contract or otherwise, by reason of the failure, suspension, diminution or other variance in wastewater services as a result of injunction, fire, strike, riot, explosions, flood, earthquake, rain, wind, accident, or curtailment, interruption, failure or depletion of the Village’s water supply, failure or breakdown of equipment or facilities, acts of God, hostilities, or any other acts or conditions beyond the reasonable control of the party affected. Nor shall either party be liable for damages resulting from interruption of service, when such interruption is necessary to make repairs, changes or adjustments to equipment and facilities. The Village and MONOGRAM shall make every reasonable effort to prevent, work around, compensate, or otherwise minimize the effect of such delays or interruptions in such service. 3. The Village and MONOGRAM recognize and agree that the settlement of strikes or lockouts shall be entirely within the discretion of the party affected. Accordingly, even though the intent of the parties is that any interruption in service shall be remedied with reasonable dispatch, a settlement of strikes and lockouts shall not be required if such cost is inadvisable in the discretion of the party affected. 4. The party asserting force majeure shall provide the other party written notice of the beginning of each period of delay or interruption within a reasonable time after knowledge of force majeure. The notice shall include a brief description of the events or circumstances of the force majeure and an estimate of the anticipated delay. The party that asserts force majeure shall provide the other party with written notice of the cessation of such events within a reasonable time after it has knowledge of cessation of any such continuing events or circumstances constituting force majeure. 9.4 NON-EXCLUSIVITY. Monogram Discharge Agreement Page 17 1. The parties recognize that the continued operation of the Wastewater Treatment Plant is essential to all users of the Sewerage System and that any dispute between the Village and MONOGRAM jeopardizing continued operation of the Village’s wastewater facilities may result in irreparable harm to the parties and the public. The parties accordingly agree that in addition to any other remedy available at law, either party may seek injunctive relief from a court of competent jurisdiction. Notwithstanding any provisions to the contrary, any penalties or other damages provided by this Agreement are in addition and supplementary to the remedies for injunctive relief. 2. None of the remedies provided by this Agreement are mutually exclusive and the remedies do not need to be exhausted or exercised as a prerequisite to resort to further relief available to either party, unless the Agreement provides otherwise. 9.5 WAIVER. The failure of either party at any time to require performance by the other of any term or condition of this Agreement shall not affect the full right of performance at any subsequent time. The waiver by either party of strict performance of any term or condition of this Agreement by the other shall not constitute a waiver of any succeeding breach of a term or condition or a waiver of the term or condition itself. 9.6 SEVERABILITY. If any provision, paragraph, word, section, or subsection of this Agreement is invalidated by any court of competent jurisdiction, the remaining provisions, paragraphs, words, sections, and subsections shall not be affected and shall continue in full force and effect. 9.7 ASSIGNMENT. Neither the Village nor MONOGRAM may assign any of its rights or obligations under this Agreement without the prior written consent of the other party. Consent by either party may not be unreasonably withheld. 9.8 BINDING EFFECT. This Agreement, and all of its terms and conditions, shall bind the Village and MONOGRAM and their respective successors, transferees and assigns, and shall inure to the benefit of their successors, transferees and assigns, if any. 9.9 NOTICE. Unless otherwise expressly required by another provision of this Agreement, all required notices shall be deemed effective if sent by certified or registered mail, return receipt requested, to the appropriate party or its legal successors as follows: If to the Village: Village Administrator Village of Plover P. O. Box 37 Plover, WI 54467 If to MONOGRAM: Monogram Appetizers, LLC 1434 Post Rd. Plover, WI 54467 9.10 AMENDMENT. This Agreement may only be amended by a writing signed by both parties. 9.11 GOVERNING LAW. This Agreement shall be interpreted in accordance with section 13.09(5) of the Village of Plover Municipal Code and in accordance with the laws of the State of Wisconsin, notwithstanding any choice-of-law rules that would otherwise require the application of the laws of any other jurisdiction. Monogram Discharge Agreement Page 18 9.12 ENTIRE AGREEMENT. This Agreement represents the entire agreement between the Village and MONOGRAM in connection with wastewater treatment services provided by the Village to MONOGRAM. No other terms, conditions, promises, understandings, statements, or representations, expressed or implied, covered in the subject matter of this Agreement exist or have been made. This Agreement cancels and supersedes all previous agreements and understandings, if any, written or oral, between the parties relating to the subject matter of the Agreement. 9.13 NO THIRD-PARTY BENEFICIARIES. Nothing contained in this Agreement shall create a contractual relationship with or cause of action in favor of a third-party against either the Village or MONOGRAM. 9.14 AUTHORITY. By execution of this Agreement, the representatives of MONOGRAM represent and warrant that MONOGRAM is the corporate entity with full financial and operating responsibility for the facility discharging wastewater under the MONOGRAM name in the Village of Plover, Wisconsin, and that MONOGRAM and its representatives have the necessary corporate authority to execute this Agreement and to make the commitments contained in it. 9.15 RATIFICATION. This Agreement shall not be binding on the parties until ratified by formal Village Board action authorizing its execution by the appropriate Village officials. IN WITNESS WHEREOF, the Village of Plover, acting by and through its President and Clerk, and MONOGRAM acting by and between its Representatives, hereby execute this Agreement on the date indicated. Monogram Discharge Agreement Page 19 VILLAGE OF PLOVER: BY: __________________________________________ Date __________________________ Gary Wolf, President BY: __________________________________________ Date __________________________ Tammy Wojtalewicz, Clerk MONOGRAM APPETIZERS, LLC: BY: __________________________________________ Date __________________________ BY: __________________________________________ Date __________________________ Wastewater System Memo To: Steve Kunst, Gary Wolf, Utility Committee, Village Board From: Lyle Lutz Date: August 17, 2026 Subject: Water Quality Trading Agreement _____________________________________________________________________ The final piece to securing the phosphorus credits that are generated by the development of the Portage Solar array is the agreement between the Village of Plover and Portage Solar, LLC. Through the modeling, the chart below provides the estimated annual phosphorus credits that would be traded (purchased) from Portage Solar. The agreement details the annual cost of $19/P credit available. Each year the total amount of P credits generated would be purchased based on the calendar year modeling. The overall scope of this annual budgeted expense would be to oƯset any potential wastewater treatment disruptions that may result in exceedances of the WPDES permitted levels. Big picture is that this is relatively low-cost insurance for periods of phosphorus treatment/removal rather than relying on costly chemical additions or engineering and installation of a tertiary phosphorus removal equipment and processing. -1- Water Quality Trading Agreement This Water Quality Trading Agreement (this “Agreement”) is made by and between the Village of Plover, Wisconsin (the “Village”), a Wisconsin municipal corporation, and Portage Solar, LLC (“Portage Solar”), a Delaware limited liability company registered to do business in Wisconsin, collectively referred to as the “Parties.” RECITALS A. The Village operates a wastewater treatment facility located in Plover, Wisconsin, pursuant to a Wisconsin Pollutant Discharge Elimination System permit (the “Permit”) issued by the Wisconsin Department of Natural Resources (“WDNR”). B. In accordance with the terms of the Permit, the Village discharges wastewater treated at its wastewater treatment facility to the Wisconsin River in the Fourmile and Fivemile Creek Watershed. C. The Permit requires the Village to comply with certain effluent limitations for total phosphorus. D. Instead of reducing total phosphorus in its effluent, the Village may comply with the total phosphorus limitations in the Permit by purchasing from an entity, such as Portage Solar, water quality trading credits for phosphorus (“Credits”) generated by a reduction in phosphorus entering the Wisconsin River to offset total phosphorus in the Village’s effluent, subject to WDNR approval. E. Portage Solar leases approximately 1,700 acres of real property in Portage County, Wisconsin, as further described in Exhibit A (collectively, the “Property”), located in the Wisconsin River watershed. F. Portage Solar intends to reduce phosphorus loading into the Wisconsin River and thereby generate Credits for phosphorus by establishing native prairie and grassland vegetation on historically, conventionally farmed fields (“the Project”) on the Property (the “Project Area”). The Project Area is documented in Exhibit B. G. Pursuant to the terms of this Agreement, Portage Solar agrees to undertake the Project and the Village agrees to purchase the Credits for phosphorus generated by the Project from Portage Solar for compliance with its Permit. Return to: Vanessa Wishart 222 West Washington Ave. Suite 900 Madison, WI 53711 Parcel Identification Numbers: -2- AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby mutually acknowledged, the Parties agree as follows: 1. Incorporation of Recitals. The recitals set forth above are incorporated herein as if set forth in full. 2. Project Implementation. Portage Solar shall implement the Project by establishing native grasses at the Project Area in accordance with: the Village’s Water Quality Trading Plan (“WQT Plan”), as approved by WDNR and as it may be amended from time to time; and Portage Solar’s Vegetative Management Plan, attached hereto asExhibit C. Portage Solar shall be responsible for establishment of the native grasses at the Project Area such that the Project generates the Credits for phosphorus identified in Table 3-3 of the WQT Plan. The Parties acknowledge that the current version of Table 3-3 is applicable through the end of the Village’s first Permit term and will be amended from time to time as part of the Village’s updates to the WQT Plan. 3. Timing of Credits. Portage Solar shall make Credits for phosphorus available no later than September 2027. In the interim, prior to the date on which Credits for phosphorus are to be made available, Portage Solar shall manage the Project Area in conformance with the Vegetative Management Plan. 4. Project Maintenance . Portage Solar shall be responsible for undertaking maintenance activities in the Project Area in conformance with the Vegetative Management Plan (the “Maintenance Activities”). The Village acknowledges that Portage Solar may need to revise the Vegetative Management Plan from time to time. Portage Solar shall consult with the Village to prevent, to the extent practicable, any revisions to the Vegetative Management Plan from impairing the generation of Credits for phosphorus in conformance with the WQT Plan. Portage Solar shall be responsible for the costs of all Maintenance Activities. If the Village reasonably determines that Portage Solar has failed to comply with the Maintenance Activities, the Village shall provide notice to Portage Solar of such noncompliance (the “Notice of Noncompliance”), which shall include any photographs, documentation, or other evidence relating to any alleged noncompliance with the Maintenance Activities identified therein (the “Maintenance Deficiencies”). To the extent reasonably possible, Portage Solar shall cure all Maintenance Deficiencies within thirty (30) days of receipt of the Notice of Noncompliance or such additional time as agreed upon by the Parties in writing. 5. Project Failure. For the purposes of this Agreement, the term Project Failure means the failure of the Project to generate Credits for phosphorus identified in Table 3-3 of the WQT Plan, as it may be amended from time to time, regardless of whether such failure is caused by natural or other forces. If the Village reasonably determines that Project Failure has occurred, the Village shall provide notice to Portage Solar (the “Notice of Project Failure”), which shall include any photographs, documentation, and other evidence demonstrating Project Failure. Portage Solar has the right to cure the Project Failure within sixty (60) days -3- of receipt of the Notice of Project Failure, or ninety (90) days if the cure requires complete reestablishment of vegetation in the Project Area, at Portage Solar’s cost. If Portage Solar chooses not to exercise its right or fails to cure the Project Failure and the Village purchases Credits under the terms of this Agreement that the Project did not generate, Portage Solar shall reimburse the Village for all payments for these undelivered Credits, subject to the requirements of Section 18 of this Agreement. 6. Sale of Credits. Portage Solar shall sell to the Village, and the Village shall purchase from Portage Solar, all Credits generated from the Project up to the amount contemplated in Table 3-3 of the WQT Plan, as amended from time to time. Portage Solar shall sell Credits for phosphorus to the Village at a price of $19.00 per Credit (“Phosphorus Credit Price”). The Village shall retain the option to purchase additional Credits from Portage Solar generated on the Project Area above the amounts contemplated in Table 3-3 of the WQT Plan, upon their availability (“Excess Credits”). If Excess Credits become available, Portage Solar shall notify the Village of such availability. Within sixty (60) days of receiving Portage Solar’s notice of Excess Credits, the Village shall determine whether to purchase all or any portion of the Excess Credits and notify Portage Solar of its determination. If the Village declines to purchase all or any portion of the Excess Credits, Portage Solar may sell the remaining Excess Credits to other buyers via the Wisconsin Water Quality Trading Clearinghouse or other forum. The Village shall not resell or transfer Credits except upon the written consent of Portage Solar. 7. Payment for Credits . Portage Solar shall invoice the Village on an annual basis for payment for Credits for phosphorus. The Village shall pay Portage Solar within thirty (30) days of receiving an invoice from Portage Solar for payment for Credits. 8. Compliance with Permit. The Village shall be solely responsible for compliance with the terms, conditions, requirements, and limitations in its Permit, including but not limited to all terms, conditions, requirements, and limitations regarding phosphorus in the Village’s wastewater effluent. 9. Credit Verification . The Village shall be solely responsible for undertaking the verification of Credits to establish compliance with its Permit (“Credit Verification Activities”). The Village shall bear all costs associated with the Credit Verification Activities. The Village shall conduct WDNR-required inspections including, at a minimum, inspections required to obtain the following information required to be included in the Village’s annual report: a. A written summary of inspection findings; b. Identification of any findings of noncompliance; c. Demonstration of any corrective actions; d. Any necessary photographic documentation; e. A certification statement, created by Portage Solar, that Portage Solar is operating and maintaining the Project as required to continue generating Credits for phosphorus. -4- The Village shall provide Portage Solar with a copy of the documentation and information listed above, except for the certification statement created by Portage Solar, within thirty (30) days of submission to WDNR. 10. Annual Report. The Village shall submit annual reports to WDNR and complete all other verification, monitoring, reporting, and record keeping requirements imposed by WDNR or other applicable regulatory body. Portage Solar shall cooperate with the Village with respect to the submittal of any applications or documents, including but not limited to the Credit Verification Activities and the Village’s annual report to WDNR, to or from the WDNR and/or any other federal, state, or local regulatory or oversight body which are necessary for the Village to obtain, use, or verify Credits for phosphorus. Upon request by the Village, Portage Solar shall provide to the Village any documents relating to the Project and/or Credits generated therefrom which the Village may reasonably require, including a certification statement, created and executed by Portage Solar, that demonstrate Portage Solar is complying with the Maintenance Activities. 11. Village Access to Project Area. Upon written request made at least fourteen (14) days in advance, Portage Solar shall allow the Village, its representatives, employees, agents and/or contractors to enter upon the Project Area at reasonable times and for the limited purpose of completing Credit Verification Activities. As a condition of access, the Village, and its employees, contractors, and agents, shall comply with all applicable policies and procedures, including policies related to health and safety, established by Portage Solar relating to site access. The Village and its contractors and employees shall not undertake any invasive investigation, drilling, or sampling of the soil, groundwater, or any other environmental media at the site without written consent of Portage Solar. 12. Agreement Term. The term of this Agreement shall commence on the date of the last signature below (the “Effective Date”) and expire five (5) years from September 30, 2027. The term of this Agreement shall automatically renew for an additional five (5) years upon its expiration, unless either Party provides written notice of non-renewal to the other Party no less than thirty-six (36) months prior to the expiration of the then-current term. The term of this Agreement may automatically renew no more than three times and add no more than fifteen (15) years to the initial term. 13. Notice. For all purposes hereunder, notices and written requests to the Parties shall be given to the Parties in writing by email, postage prepaid, certified, or registered mail at the following addresses and shall be deemed to have been given (a) if provided via electronic mail, on the day such mail is sent or (b) the date postmarked if sent by U.S. Postal Service or overnight courier: If to Portage Solar: Daniel McFarlane 8400 Normandale Lake Boulevard, Suite 1200 Bloomington, MN 55437 dmcfarlane@geronimopower.com -5- If to the Village: Village of Plover ATTN: Lyle Lutz 2420 Post Road P.O. Box 37 Plover, WI 54467 llutz@ploverwi.gov If notice is provided per (b) above, such notice shall be made by prepaid postage, certified, or registered mail. 14. Agreement to Run with the Land. The terms, covenants and conditions of this Agreement shall run with the land identified in Exhibit A and be binding upon the successors and assigns of the Parties hereto. Either Party may record a copy of this Agreement or notice thereof with the Portage County Register of Deeds. If any portion of the Property is sold or otherwise transferred to a third party, the applicable terms of this Agreement shall inure to the benefit and responsibility of any such subsequent owner of record who shall take title to such land subject to the provisions of the Agreement. 15. Assignment. Neither Party may assign this Agreement without the prior written consent of the other Party, and such consent shall not be unreasonably withheld. 16. Compliance with Laws and Regulations. Portage Solar shall implement and maintain the Project in compliance with all applicable state, federal, and local laws, regulations, ordinances, and orders. 17. Hold Harmless and Indemnification . The Village shall (i) hold harmless Portage Solar and its representatives, employees, agents and/or contractors for liabilities arising from the Village’s use of Credits for compliance with its WPDES permit and (ii) indemnify, defend and hold Portage Solar and its representatives, employees, agents and/or contractors harmless from any claim or liability arising out of the Village’s performance of activities under this Agreement, including the Village’s access of the Property to perform Credit Verification Activities. 18. Limitation of Liability. The Parties have evaluated the risks and rewards associated with participating in a water quality trade, including potential revenue to Portage Solar relative to the risks assumed. The Parties agree to limit, to the fullest extent permitted by law, Portage Solar’s aggregate liability to the Village to the total monetary amount received by Portage Solar from the Village under the terms of this Agreement. 19. Contract Remedies. Subject to Section 18 of this Agreement, the Parties reserve all remedies at law or in equity necessary to cure any default or remedy any damages or losses under this Agreement. Notwithstanding the foregoing, if the Village seeks specific performance of this Agreement as a remedy, as an alternative to such performance, at Portage Solar’s option, Portage Solar may choose to pay to the Village liquidated damages in an amount equal to the amount of Credits required to be delivered by Portage Solar for the remaining term of the Agreement multiplied by the Phosphorus Credit Price. -6- 20. Waiver. Any delay or failure by any Party to insist upon performance of any of the terms, covenants, or conditions of this Agreement, or any waiver by either Party of any breach of any of the terms, covenants, or conditions of this Agreement shall not be construed as a subsequent waiver of any such terms, covenants, conditions, rights or privileges. 21. Governing Law. This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of Wisconsin. Any action arising from this Agreement shall be venued in the circuit court for Portage County, Wisconsin. 22. Validity. The invalidity of any provision of this Agreement shall not be deemed to affect the validity of any of the other provisions. In the event that any provision of this Agreement is held to be invalid, the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both Parties subsequent to the expungement of the invalid provision. 23. Entire Agreement. This Agreement constitutes the entire agreement between the Parties with respect to the subject matter herein and supersedes any prior understanding or representation of any kind preceding the date of this Agreement, except to the extent incorporated in this Agreement. 24. Representations. Portage Solar hereby represents to the Village that Portage Solar has not entered into any other agreement or undertaken any actions in the Project Area that would impede the generation of Credits or prevent Portage Solar from implementing the Project as required by this Agreement. 25. No Partnership. Nothing in this Agreement shall be construed to create any co- partnership, principal and agent, joint venture or other similar relationship between the Parties hereto and neither party may incur debts or liabilities in the name, or on behalf, of the other unless expressly approved by the party to be bound thereby in a written instrument signed by such party. 26. Jointly Drafted. This Agreement shall be deemed drafted by both Parties and shall not be construed against any Party on the basis of that Party’s role in drafting this Agreement. 27. Amendment. Any amendment of this Agreement shall only be accomplished by a writing to that effect, executed by both Parties hereto, and recorded with the Portage County Register of Deeds. 28. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original and all of which, when taken together, shall constitute one instrument. This Agreement may be executed by electronic signature, which shall have the same legal effect as original signatures. In witness whereof, the Parties have executed this Agreement as of the Effective Date. Error! Unknown document property name. Portage Solar, LLC By:______________________________________________ ________________________ Amber Miller Date STATE OF _________ COUNTY OF ________ Personally came before me this ________ day of __________________, 2026, the above- named ________________, to me known to be the person who executed the foregoing instrument and acknowledged the same in the aforesaid capacity. _________________________________ Notary Public, ___________ County, ___ My commission expires: ____________ Error! Unknown document property name. The Village of Plover By: _____________________________________________ ________________________ Gary Wolf, Village President Date STATE OF WISCONSIN COUNTY OF ________ Personally came before me this ________ day of __________________, 2026, the above- named _______________, to me known to be the person who executed the foregoing instrument and acknowledged the same in the aforesaid capacity. _________________________________ Notary Public, ___________ County, WI My commission expires: ____________ By: ___________________________________________ ________________________ STATE OF WISCONSIN COUNTY OF ________ Personally came before me this ________ day of __________________, 2026, the above- named _______________, to me known to be the person who executed the foregoing instrument and acknowledged the same in the aforesaid capacity. _________________________________ Notary Public, ___________ County, WI My commission expires: ____________ Error! Unknown document property name. Attachments: Exhibit A: Property Legal Description Exhibit B: Project Area Exhibit C: Vegetative Management Plan This document drafted by: Vanessa Wishart Stafford Rosenbaum LLP 222 W. Washington Ave, Ste. 900 Madison, WI 53703 Error! Unknown document property name. Exhibit A Property Legal Description Error! Unknown document property name. Exhibit B Project Area Error! Unknown document property name. Exhibit C Vegetative Management Plan Plover Water System, 300 Waters Way, P.O. Box 37, Plover, WI 54467 345-5254, 345-5248 Utility Report 2026_0817 Page 1 of 4 Last printed 8/13/2026 3:39:00 PM Water System Report To: Utility Committee, Gary Wolf, Steve Kunst From: Matt Saloun, Water System Manager Date: 08/17/2026 Agenda Items: • Fiber Extension to Pleasant Drive Water Plant Project Updates: • Well 1 Generator Project- o Door frames, steel exterior, insulation installed. Generator scheduled to arrive on site in January. o Footing, slab, walls, trusses, and sheeting installed. o Project started 03/25/2026 o DNR construction approval received. o Pre-construction meeting with Eagle Construction. (03/09/26) Anticipate work to start within the next month. Construction should go quickly, with the generator arriving onsite late summer/ early fall. o Finalized Request for Proposals, Advertised Bid Proposals, Pre-Bid Site visit, Bid Opening. Bid award to Eagle Construction for $336,990. • Disk Tower (Nsight)- o Temporary equipment removed. Paint scuffing during installation required paint touch up. This was completed. Landscaping clean-up is still required. o Nsight pre-construction meeting and equipment install completed (03/05/26) o Received reimbursement for railing costs ($30,787.50) o Nsight lease updated. Working to schedule equipment re-install. • Disk Tower (AT&T)- o Temporary equipment removed and with some landscaping work to be completed. o New antenna equipment installed and completed (05/21/26). o Received reimbursement for railing costs ($92,362.50) o AT&T lease updated. Working to schedule equipment re-installs. • Green Tree Subdivision- o Water main installed completed. o Installation of water services continues. Report: • Water Way Plant- Nitrate auto-analyzer solenoid valve replacement. (06/10/26) • 2nd quarter meter completed and meter maintenance. • The Annual Consumer Confidence Report is available on the Village’s website. This report provides water quality data for 2025. • Staff completed system wide hydrant flushing and maintenance. • 2024 F250- Had to go in for transmission warranty work. • Water Way- Completed wireless booster installation. This has greatly improved signal strength inside the building. Water System Report Plover Water System, 300 Waters Way, P.O. Box 37, Plover, WI 54467 345-5254, 345-5248 Utility Report 2026_0817 Page 2 of 4 printed 8/13/2026 3:39 PM • Pleasant Drive Water Plant- Power outage locked up nitrate auto analyzer. We were able to reset the system. (06/29/26) • Fire flow testing- Performed and provided five flow test reports. This provides data for the fire suppression systems. • Updated the GIS mapping and asset management platform for our data recording and utility locates. • Service leak at 700 Airline- homeowners (07/08/26) • Completed the removal of some hazard trees located the Water Way Plant. • Water Way- Replaced blower fuse for air conditioner (07/13/26) • Lead and Copper sampling completed and customer certification mailed out. This testing occurs every 3 years and involves 30 customers. • 3rd quarter PFAS sampling completed. The Village continues to have safe limits. (07/14/26) • On-line Packaging- Private fire protection line installed, (07/16/26) • Lincoln Water Tower- Replaced the steel service door. (07/20/26) • SCADA replacement- Installation of new SCADA computers completed. This meets the new Windows platform requirements. Some programming updates remain outstanding. • Service leak-Private leak at Voight’s pumphouse #2. (07/26/26) • Staff assisted Public Works with Celebrate Plover set up. • CTY R Road Design-water main design continues. • Pleasant Drive Water Plant- Nitrate auto-analyzer fail, service call required to replace power supply and communication board. Also, had them perform a health check on the Water Way analyzer. • Staff continued work with- road project related valve box adjustments, collars, leak detection, and valve exercising/maintenance. • Disk Tower- USG completed paint touchup and tower inspection. • 3011 Monica Court- homeowners service leak (07/31/26) • 600 Gloria Drive-homeowner service leak (08/05/26) • 601 Ninth-homeowner service leak (08/05/26) • Continue with Utility Garage design, anticipate 2027 construction. Pumping Report Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Year Summary 2026 Well 1 21,796 16,640 18,013 28,265 26,582 22,425 22,687 156,408 41.57% Tot 2026 Well 2 11,514 8,234 2,228 0 8,987 13,279 29,182 73,424 19.51% Tot 2026 Well 3 11,866 18,855 26,992 16,610 22,446 29,426 20,237 146,432 38.92% Tot 2026 Tot 45,176 43,729 47,233 44,875 58,015 65,130 72,106 0 0 0 0 0 376,264 Tot 2026 Avg 1,457 1,562 1,524 1,496 1,871 2,171 2,294 2,248 Avg 2026 Max 1,561 1,750 1,714 1,616 2,574 2,542 2,789 2,559 Max Date of Maximum 10-Jan 15-Feb 29-Mar 20-Apr 31-May 3-Jun 19-Jul 6-Aug 2026 Min 1,115 1,335 1,229 1,221 1,342 1,779 1,708 1,888 Min Date of Minimum 1-Jan 21-Feb 15-Mar 4-Apr 1-May 27-Jun 2-Jul 9-Aug 2025 Tot 46,970 44,609 48,350 47,054 60,722 65,348 73,369 70,588 52,465 46,505 39,171 41,570 636,721 Tot 2025 Max 1,783 1,765 1,820 1,802 2,326 2,773 2,884 3,043 2,290 1,909 1,548 1,534 3,043 Max 2025 Avg 1,515 1,593 1,559 1,560 1,958 2,189 2,298 2,277 1,748 1,500 1,305 1,340 1,737 Avg 2024 Tot 44,171 42,507 43,714 45,534 53,251 54,487 60,771 62,981 58,480 50,214 40,892 42,754 599,756 Tot 2024 Max 1,633 1,570 1,854 1,755 2,159 2,292 2,372 2,259 2,329 1,946 1,688 1,582 2,372 Max 2024 Avg 1,424 1,429 1,410 1,517 1,717 1,786 1,960 2,031 1,949 1,619 1,363 1,379 1,632 Avg Water System Report Plover Water System, 300 Waters Way, P.O. Box 37, Plover, WI 54467 345-5254, 345-5248 Utility Report 2026_0817 Page 3 of 4 printed 8/13/2026 3:39 PM 800 1,000 1,200 1,400 1,600 1,800 2,000 2,200 2,400 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Average Gallons Pumped Daily (X1000) 2026 Avg 2025 Avg 2024 Avg Nitrate Report - 2026 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Well 1 Raw 11.3 11.9 11.4 11.8 11.7 11.6 11.6 Well 2 Raw 11.5 11.8 11.6 11.6 11.9 11.9 11.8 Well 3 Raw 14.6 14.9 14.3 14.3 14.2 14.2 14.2 Well 1&2 Dist 6.9 7.2 7.4 7.5 7.4 7.4 7.2 Well 3 Dist 7.3 7.5 7.2 7.4 7.6 7.4 7.4 Nitrate Report - 2025 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Well 1 Raw 12.0 11.4 11.3 11.5 11.6 11.6 11.7 11.7 11.6 11.4 11.3 11.3 Well 2 Raw 11.6 11.2 11.7 11.9 12.0 11.9 11.8 11.9 11.8 11.8 11.7 11.6 Well 3 Raw 14.8 14.3 14.3 14.1 13.9 13.8 13.8 13.9 14.0 13.5 14.4 14.5 Well 1&2 Dist 6.7 6.7 6.7 6.8 7.0 6.9 6.9 6.9 7.0 6.8 6.7 6.8 Well 3 Dist 7.5 7.4 7.3 7.3 7.1 7.1 7.1 7.2 7.4 7.0 7.3 7.2 Water System Report Plover Water System, 300 Waters Way, P.O. Box 37, Plover, WI 54467 345-5254, 345-5248 Utility Report 2026_0817 Page 4 of 4 printed 8/13/2026 3:39 PM Wastewater System Memo To: Steve Kunst, Gary Wolf, Utility Committee, Village Board From: Lyle Lutz Date: August 17, 2026 Subject: Wastewater Utility Report _____________________________________________________________________ 1. StaƯ received and reviewed the 30% engineering plans for the River Road lift station. These consisted of the general layout and design considerations. Clark Dietz will continue with more detailed project drawings and developing project construction specifications. 2. As part of the UV system planning, the eƯluent has been tested daily for the past few weeks for a transmittance value for ensuring that a replacement system is designed and sized adequately for meeting our permit compliance requirements of pathogen reductions. Plans will continue to get the new UV system on order and look to get proposals for installation contractors. 3. Management has worked on a request from Mullins cheese to accept a limited period of discharge while they work to get their processes and treatment systems up and running. The discharge is mainly residual tank holding water with low solids, BOD, and nutrient (Phosphorus, Nitrogen) concentrations. They are allowed to discharge around 50,000 GPD and they provide regular samples for our typical lab analysis of industrial samples. Billing is done the same as other industrial dischargers and following the rates/fees outlined in the Village ordinance A600 Fees. The WWTF processes have been monitored a little more closely for any noticeable eƯects on treatment eƯiciencies. All has been good to date. 4. The facility received 310,350/313,210 gallons of septage, 61,250/160,619 gallons of holding tank, and 185,183/411,706 gallons of leachate in June/July. Leachate receiving has been lower than average mainly due to the low levels of precipitation in the past couple months. Septage and holding tank discharges have been steady as typically for the summer months. Parameter Units Flow MGD CBOD mg/l Suspended solids mg/l Phosphorus Lbs/day Ammonia mg/l Fecal Coliform CFU Design / Limit 1.8000 25 30 7.96 Daily Variable 400 June Average 1.6522 2.8 4.8 3.4 1.1 152 July Average 1.7157 3.1 4.1 2.6 8.78 148 5. StaƯ has been working with the Public Works Department to complete the manhole rebuilds and reconstruction in the newly paved street reconstruction areas. With the new pavement 6. As the highway 54 project has progressed to the right-hand lane closures, the utility will work to have the manhole castings cut out, removed, and rebuilt during this period as well. 7. With the finalization of the phosphorus WQT agreement and plan with the Portage Solar project, evaluating the potential of further WQT plans with the Vista solar project is in the works. Due to the substantially larger acreage of the Vista solar project, the planning and evaluation could be a little more time intensive in soil testing data collection. StaƯ is working to connect with the Vista Solar/Doral energy group to engage in discussions of the potential of what a WQT might look like. 8. StaƯ have been working with some new polymer trials with our sludge processing equipment. The trials are a continuing eƯort to reduce the amount of conditioning chemicals and provide a consistent and acceptable cake solid concentration. Along with the polymer trials, staƯ have also been putting in regular eƯorts to mix and spread out the biosolids in the storage building to help in natural air drying through the increased surface area. This practice has been promising in volume reductions with additional moisture removal. 9. The annual collection system cleaning is almost complete. This year the majority of the northern 1/3 (primarily everything north of Springville pond) of the collection system was scheduled for cleaning and inspection. There are other annual inspection points that will still be visited for their regular maintenance and inspections.