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HomeMy WebLinkAboutAugust 2022 - Operation & Maintenance Plan - - OPERATION AND MAINTENANCE PLAN FOR MULTI-FAMILY COMPLEX 93 ELM STREET & 1 ELM COURT NORTH ANDOVER, MA 01845 PREPARED FOR: RCG J Wiley LLC, c/o RCG, LLC 17 Ivaloo Street, Suite 100 Somerville, MA 02143 PREPARED BY: CIVIL DESIGN GROUP, LLC 21 HIGH STREET, SUITE 207 NORTH ANDOVER, MA 01845 DATE: AUGUST 2022 IIIIIIIIIIIIIIIIIIIIIIIIIIIIII TABLE OF CONTENTS 1.0 INTRODUCTION...............................................................................................................2 2.0 LONG TERM POLLUTION PREVENTION PLAN (LTPPP)..................................................2 3.0 STORMWATER MANAGEMENT SYSTEM......************see see**a so o so*so*see so*see see 4.0 SNOW MANAGEMENT AND DEICING CONTROL............................................................4 5.0 ILLICIT DISCHARGE STATEMENT...............one one APPENDIX A-OPERATION AND MAINTENANCE REPORT FORM FIGURE 1 -BMP LOCATION PLAN 1 p: 978-794-5400 f: 978.965.3971 www.cdgengineering.com OPERATION AND MAINTENANCE PLAN 1.0 INTRODUCTION In accordance with the standards set forth by the Massachusetts Department of Environmental Protection (MADEP) Stormwater Management Policy, Civil Design Group, LLC has prepared the following Operations and Maintenance (O&M) Plan for a multi-family complex located at the site below. PROPERTY INFORMATION PROPERTY ADDRESS LANDOWNER&STORMWATER MANAGEMENT SYSTEM OWNER Owner: RCG J Wiley LLC c/o RCG,LLC 93 ELM STREET& 1 ELM COURT Contact: Mr.David Steinbergh NORTH ANDOVER,MA 01845 Phone: 617-625-8315 Email: dsteinbergh@rcg-llc.com The landowner shall be responsible for the long-term operation and maintenance of the site and the stormwater management system and shall be responsible for record keeping of inspections, maintenance and repairs. If the site owner changes, the new site owner shall assume all responsibilities outlined in this O&M plan. The site owner shall hire a qualified professional to conduct scheduled inspections and maintain records in accordance with the inspection schedule outline enclosed within this document. Site Engineer: Civil Design Group, LLC Address: 21 High Street, Suite 207,North Andover, MA 01845 Office Phone: 978-794-5400 Contact: Philip Henry, P.E. 2.0 LONG TERM POLLUTION PREVENTION PLAN (LTPPP) In accordance with Standard#4 from the MADEP Stormwater Management Policy, the following LTPPP has been prepared as part of this O&M Plan. The purpose of the LTPPP is to identify potential pollutant sources in stormwater discharges and implement prevention measures prior to affecting downstream resource areas. Housekeeping The site shall be kept in a clean and working order. Substances and materials to be used on site that consistent with the nature of business shall be protected from the elements by storing indoors or in containers with appropriate lids. Proper disposal and care shall be followed when disposing of empty containers. Solid Waste: Solid waste materials shall be stored in the dumpsters provided on site. The dumpster enclosure shall be kept closed when not in use and the trash shall not be left outside of the enclosure. The owner shall contract with a waste management company to properly dispose of waste material. The dumpsters shall be emptied on a regular basis. Pet Waste Management: Pet waste is not anticipated based on the proposed use of the site. 2 p: 978-794-5400 f: 978.965.3971 www.cdgengineering.com Petroleum Products: Petroleum products shall be stored in sealed containers and clearly labeled. Petroleum storage tanks shall be located a minimum of 100 linear feet from wetland resource areas, drainage ways, inlets and surface waters unless stored within a building. Petroleum storage tanks shall be equipped with a secondary means of containment designed to provide a containment volume that is equal to 110% of the volume of the largest tank unless otherwise required. Drip pans or other form of containment shall be provided for all dispensers. Any asphalt substances used onsite will be applied according to the manufacturer's recommendations. Fertilizers, Herbicides and Pesticides: Fertilizers, herbicides and pesticides shall be used in the minimum amounts recommended by the manufacturer and applied to limit contact with stormwater. These products shall be stored in containers indoors. Paints and Cleaning Solvents: .v Paints and containers shall be properly stored in their original containers. Disposal of these products and their containers shall be in accordance with the manufacturer's recommendations. Spill Prevention and Response: In the event of a spill of a hazardous substance the following response action items shall be followed in order to prevent or minimize discharge to the stormwater management system. 1. Spills shall be immediately addressed. 2. Spills of hazardous substances shall be remediated using the manufacturers' protocol for cleanup. 3. Vehicular and fuel spills shall be remediated in accordance to local and state regulations. 4. The following equipment and materials shall be present on site and shall be clearly identifiable: a. Absorbent materials, brooms, dust pans, mops, rags, gloves, goggles, trash containers, etc. 5. Spills that are toxic or hazardous in nature shall be reported to the MA DEP and professional emergency contractor. 6. The owner shall designate individuals who will receive spill prevention and response training. These individuals will each become responsible for a particular phase of prevention and response. The names of these personnel shall be posted in the material storage area and in the management office. 3.0 STORMWATER MANAGEMENT SYSTEM The components of the stormwater management system shall be inspected, monitored and maintained in accordance with the following to ensure that the on-site stormwater management/BMP facilities for the project function as intended. Routine inspection and proper maintenance of these individual components is essential to providing the long-term enhancement of both the quality and quantity of the runoff from the site. The proposed stormwater management Best Management Practices (BMP's) have been designed to collect and convey runoff from developed areas in accordance with the Massachusetts DEP's Stormwater Management Policy. The drainage system consists of pipe, clean outs, a drain manhole and permeable pavers. Street Sweeping Sweeping shall be performed twice a year, once in the spring and once in the fall, within the parking lot and driveway areas to reduce the amount of sediment and trash entering the catch basins. 3 p: 978-794-5400 f: 978.965.3971 www.cdgengineering.com Hydrodynamic Separator Hydrodynamic Separators are designed to remove heavy particles, floating debris and hydrocarbons from stormwater. Stormwater enters the system where floatables and oils are separated prior to the clarified stormwater runoff discharging to an outlet pipe. See the attached product description sheets for additional information, including maintenance recommendations. • Inspection FrequencX: Quarterly • Cleaning Thresh Per manufacturer's recommendations • Equipment: Vactor Permeable Pavers 1. Paver cleaning: Clean Permeable Concrete Pavers as needed to remove staining, dirt, debris, etc., in accordance with manufacturers recommendations 2. Maintenance: Permeable Joint Aggregate Material. a. Annually inspect Permeable Joint Aggregate material for areas clogged with debris. b. Vacuum or sweep as necessary to restore surface infiltration. c. Remove debris by vacuuming or sweeping Permeable Joint Aggregate i. Replenish removed Permeable Joint Aggregate material with clean aggregate material flush to paver lip. 11. Sweep excess material from paver surface Drainage System The Owner shall inspect the drainage system and clean outs on an annual basis and clean as necessary and make any repairs in a timely manner. 4.0 SNOW MANAGEMENT AND DEICING CONTROL The Owner shall contract with a company to properly clear and remove snow. The contractor shall be responsible for maintaining all roads, driveways, parking lots, sidewalks and pedestrian access onsite as well as along the right-of-way frontage. Snow shall be piled in the designated areas snow storage areas to the extent practicable. Snow shall be removed from the site if the capacity of the designated areas is reached, and disposed of in accordance with applicable regulations and requirements. Deicing chemicals shall be kept indoors in a safe location and shall be clearly labeled. Deicing solutions such as calcium chloride, rock salt and/or sand may be used unless otherwise restricted by the municipality and shall not be used in permeable paver areas. Deicing methods shall be used in conjunction with snow removal to maintain safe pedestrian and vehicular access. 5.0 ILLICIT DISCHARGE STATEMENT The proposed stormwater management system consists of deep sump hooded catch basins, manholes, a hydrodynamic separator, and associated piping which is intended to collect and convey stormwater discharges from the site. The stormwater management system is not intended to convey any illicit discharges and or pollutants and as such, control measures that are identified within this report shall be strictly adhered to in order to minimize the risk of contamination. Any unknown existing illicit discharges that are discovered as part of the redevelopment of the subject site shall be eliminated in accordance with local, state and federal regulations. 4 p: 978-794-5400 f: 978.965.3971 www.cdgengineering.com APPENDIX-A OPERATION AND MAINTENANCE REPORT FORM TO ATER IVI S I O N 21 High Street,Suite 207 North Andover,MA 01845845 Tel 978.794.5400 OF CIVIL DESIGN GROUP, LLC www.cdgengineering.com QUARTERLY STORMWATER INSPECTION REPORT F Multi-Family Complex Date: ess: 93 Elm St& 1 Elm Ct, North Andover, MA01845Time. ctor: Weather: BMP Sedi Unit ment Oil Trash Cover Last # (inch (inches) Cleaned Attention Recommended es) DMH-1 (HS4) CO-1 CO-2 !/_AAES K o7,?d SUZAIME kf GA A51ST55CF5 AMP 0 cl, IDD��_ RO-22 ZYTD BOOK 9552 N6E 8j FiVA."I W 45 W YR '2 b3o(W 4876.P46E 112 P�AN 456� 11 K� 7­ L Z 9 097 OuId7 x-------------- .. & q,0: 99N ss EIS E.X 4�69 ix ng7' UA p 0 7j HVLEY COWT ASSESSORS YAP 00 X6 477_-ZA/SIRM- 15259 FA6E 2-39 A RC E'L > AV�M.AES C.ran c ZT..A.14,MV� AN 058-72 3- A'6928 26�B 0 0 K ix __mt x > 906K 7041 JDA6F 1131 R x 146m A� 7-0 > 9 9. x Y xg tt X �'Q X fpW 'y X/ 77 n-cl­j 777t` J/P A' & k 'g.LX', -X Y Nil y 'v 1. 'y V v '9 A _3 `lel ASSESSORS MMP 55'0 -72 "KLEY COW- 38 37 29 DEED BOOK IWE jM ti F V Yv 7 A 36 i 4� .91.x —f_L V rvoL-Log I '71f WX N j! X1 jcj,1 34 X C!1 Ito 16 ffl�_NCIIOIRK V o i 0i (e,S Y� 31 fp - A_ 032 1 11 J ----------- Y, y v x v. Z ff- DMH-1 v i �7 A 55F55-6 11A P 0 _S FICH.V 7MYFF.__ _57REF.6EA1 T 7pe T 30 Y V HOOK U724 DAGE�,Q- !L 28 27 26 0 x 9,2 (HS4 _j 9 7 X— x A D-: Mlll� I D_ D D �09N J ­7 777 7 7 7 X 7, 191, 8 7 9 X 7_, 11 10 71 XTAG NA:�:N 60 x co 41 Al. .0- r A S5 ESSORS. P 55 L 0 T 4 6 G I L I IX OF 2 A 5151 MAP 55Il 6L PWA.hl SlPff- h j125 Pf4h- SiP6T D 71L X" 39-14.1 kfaht-A'ShWk�Ef CONDOW" _N AVt CMW57W jcio(w < L c) 927 P46E 2!Y�EV 600K 9L < X_c 7 0[[X '7 Do 56-3 FAGE 2'DEED BOi!W 146 A 5-5fSSORS-1// Nfll RJ 3A JER 57fifE.- AVF&�ZIN and AMPE L. AIVDRY Lx LLp OFTV 800A,12574'F4 GE 1-TO 1[1 'st� " PERMEABLE'� (D 77 C I L P F,F,0 i PAVERS /Z x9c[L i Ulti, X-0 X�CLL X_ M" N Q n I I �-q 'POROUS PAVEMENT DO Wil I lj X-,... -f-L OT SPREAD SAND OR ro) SAM _J T? OE _oL 4'ii-g Aov V 7 _0 I bb'��8 ANI SALT) SIGN (TYP. OF 5) INV lim 7j Wv,,7 zf�pFo P X9,9101 fi _41as V'J c 6 HNG 00'0� M---------- 0 ✓ . ...... .... .. A. -F ja/jN0 SnOAff"O % X X�u X—DMH c r D I F T W A T t-_R- S -0, N L CU ENT: RCG EEC FIGURE-1 17 �VALOO STREET ul v IL DESIGN 60 0 30 60 120 SOMERVUE, MA 02143 -r-j f-N-IF T BMP LOCATION u-m-u UP) LLC PLAN [D x 7V iiiiii""""" ELM STREET 21 HIGH STREET SUITE 207 NORTH ANDOVER, MA 01845 NORTH ANDOVER,MA 01845 GRAPHIC SCALE IN FEET www.cdgengineering.com 08/12/2022 p:978-794-5400 f.978-965-3971 rpoop— v�or S HydroworksO HydroStorm Operations & Maintenance Manual Version 1 .0 Please call Hydroworks at 888-290-7900 or email us at support@hydroworks.com if you have any questions regarding the Inspection Checklist. Please fax a copy of the completed checklist to Hydroworks at 888-783-7271 for our records. Introduction The HydroStorm is a state of the art hydrodynamic separator. Hydrodynamic separators remove solids, debris and lighter than water (oil, trash, floating debris) pollutants from stormwater. Hydrodynamic separators and other water quality measures are mandated by regulatory agencies (Town/City, State, Federal Government) to protect storm water quality from pollution generated by urban development (traffic, people) as part of new development permitting requirements. As storm water treatment structures fill up with pollutants they become less and less effective in removing new pollution. Therefore, it is important that storm water treatment structures be maintained on a regular basis to ensure that they are operating at optimum performance. The HydroStorm is no different in this regard and this manual has been assembled to provide the owner/operator with the necessary information to inspect and coordinate maintenance of their HydroStorm. Hydroworks° HydroStorm Operation The Hydroworks HydroStorm (HS) separator is a unique hydrodynamic by-pass separator. It incorporates a protected submerged pretreatment zone to collect larger solids, a treatment tank to remove finer solids, and a dual set of weirs to create a high flow bypass. High flows are conveyed directly to the outlet and do not enter the treatment area, however, the submerged pretreatment area still allows removal of coarse solids during high flows. Under normal or low flows, water enters an inlet area with a horizontal grate. The area underneath the grate is submerged with openings to the main treatment area of the separator. Coarse solids fall through the grate and are either trapped in the pretreatment area or conveyed into the main treatment area depending on the flow rate. Fines are transported into the main treatment area. Openings and weirs in the pretreatment area allow entry of water and solids into the main treatment area and cause water to rotate in the main treatment area creating a vortex motion. Water in the main treatment area is forced to rise along the walls of the separator to discharge from the treatment area to the downstream pipe. The vortex motion forces solids and floatables to the middle of the inner chamber. Floatables are trapped since the inlet to the treatment area is submerged. The design maximizes the retention of settled solids since solids are forced to the center of the inner chamber by the vortex motion of water while water must flow up the walls of the separator to discharge into the downstream pipe. A set of high flow weirs near the outlet pipe create a high flow bypass over both the pretreatment area and main treatment chamber. The rate of flow into the treatment area is regulated by the number and size of openings into the treatment chamber and the height of by-pass weirs. High flows flow over the weirs directly to the outlet pipe preventing the scour and resuspension of any fines collected in the treatment chamber. '00�04 flydrowork's A central access tube is located in the structure to provide access for cleaning. The arrangement of the inlet area and bypass weirs near the outlet pipe facilitate the use of multiple inlet pipes. Outlet " • 4 rMY4 lo "pirN�p y�'���� pull m ,gym „74 4YMY4 iiip r Ill ll P l II °w 9 ll"11�4,� llP'Il � n"�b�w llllp "^4"v v��� lllpllblj° Pllll'^4N4y"v w�l p p°� Jy�"° y 4 44 p pil pJlll'M6 4 m . Illlp°e.. JIAiI A JIIIIpJI u Il YIM '4y1^p� dl ,p'll �IIY�,I • I '�74— � �rN'„ llll „ II I I • II III' �1j1��4y4""" III+` ��m llpl�" ll��'"' �, M I I 1 P "llpll p'lllllp� I Ili.• llll'�"" llp�N AI e All p """,Apll N ,.a k„ w Il Ip High Flow Low Flow Inlet Figure 1. Hydroworks HydroStorm Operation— Plan View Figure 2 is a profile view of the HydroStorm separator showing the flow patterns for low and high flows. o L I eA ............................................................................... ...... ................................................... n et lid, 0,utlet ................................... MAY ----------------------- ��w Low Flow High How 441 dal Figure 2. Hydroworks HydroStorm Operation— Profile View The HS 4i is an inlet version of the HS 4 separator. There is a catch-basin grate on top of the HS 4i. A funnel sits sits underneath the grate on the frame and directs the water to the inlet side of the separator to ensure all lows flows are properly treated. The whole funnel is removed for inspection and cleaning. flydrowork's Outlet NIiPi r AML IN z. ., 1, f i, , A1l� ° yy ��/, iI Ilui4yy 4 I h P a Jr uuu a uuu um uu :. Yr hN ' High Flow how Flow Figure 3. Hydroworks HS 4i Funnel Inspection Procedure Floatables A visual inspection can be conducted for floatables by removing the covers and looking down into the center access tube of the separator. Separators with an inlet grate (HS 4i or custom separator) will have a plastic funnel located under the grate that must be removed from the frame prior to inspection or maintenance. If you are missing a funnel please contact Hydroworks at the numbers provided at the end of this document. 1+Ydriowo 4 s TSS/Sediment Inspection for TSS build-up can be conducted using a Sludge JudgeO, Core ProO, AccuSludge0 or equivalent sampling device that allows the measurement of the depth of TSS/sediment in the unit. These devices typically have a ball valve at the bottom of the tube that allows water and TSS to flow into the tube when lowering the tube into the unit. Once the unit touches the bottom of the device, it is quickly pulled upward such that the water and TSS in the tube forces the ball valve closed allowing the user to see a full core of water/TSS in the unit. The unit should be inspected for TSS through each of the access covers. Several readings (2 or 3) should be made at each access cover to ensure that an accurate TSS depth measurement is recorded. Frequency Construction Period The HydroStorm separator should be inspected every four weeks and after every large storm (over 0.5" (12.5 mm) of rain) during the construction period. Post-Construction Period The Hydroworks HydroStorm separator should be inspected during the first year of operation for normal stabilized sites (grassed or paved areas). If the unit is subject to oil spills or runoff from unstabilized (storage piles, exposed soils) areas the HydroStorm separator should be inspected more frequently (4 times per year). The initial annual inspection will indicate the required future frequency of inspection and maintenance if the unit was maintained after the construction period. Reporting Reports should be prepared as part of each inspection and include the following information: 1. Date of inspection 2. GPS coordinates of Hydroworks unit 3. Time since last rainfall 4. Date of last inspection 5. Installation deficiencies (missing parts, incorrect installation of parts) 6. Structural deficiencies (concrete cracks, broken parts) 7. Operational deficiencies (leaks, blockages) 8. Presence of oil sheen or depth of oil layer 9. Estimate of depth/volume of floatables (trash, leaves) captured 10. Sediment depth measured 11. Recommendations for any repairs and/or maintenance for the unit 12. Estimation of time before maintenance is required if not required at time of inspection flydroworks A sample inspection checklist is provided at the end of this manual. Maintenance Procedure The Hydroworks HydroStorm unit is typically maintained using a vacuum truck. There are numerous companies that can maintain the HydroStorm separator. Maintenance with a vacuum truck involves removing all of the water and sediment together. The water is then separated from the sediment on the truck or at the disposal facility. A central access opening (24)) or greater) is provided to the gain access to the lower treatment tank of the unit. This is the primary location to maintain by vacuum truck. The pretreatment area can also be vacuumed and/or flushed into the lower treatment tank of the separator for cleaning via the central access once the water level is lowered below the pretreatment floor. In instances where a vacuum truck is not available other maintenance methods (i.e. clamshell bucket) can be used, but they will be less effective. If a clamshell bucket is used the water must be decanted prior to cleaning since the sediment is under water and typically fine in nature. Disposal of the water will depend on local requirements. Disposal options for the decanted water may include: 1. Discharge into a nearby sanitary sewer manhole 2. Discharge into a nearby LID practice (grassed swale, bioretention) 3. Discharge through a filter bag into a downstream storm drain connection The local municipality should be consulted for the allowable disposal options for both water and sediments prior to any maintenance operation. Once the water is decanted the sediment can be removed with the clamshell bucket. Disposal of the contents of the separator depend on local requirements. Maintenance of a Hydroworks HydroStorm unit will typically take 1 to 2 hours based on a vacuum truck and longer for other cleaning methods (i.e. clamshell bucket). '00�04 flydrowork's Outlet Access � 4 Lowe r Trea ment Chamber w h�aai rill � i a iii �l��j/iiiii fiat . i aaaaaaai iiiiii D F fiat i 1�� a a w Submerged Pretreatment InletlArea Figure 3. Maintenance Access Frequency Construction Period A HydroStorm separator can fill with construction sediment quickly during the construction period. The HydroStorm must be maintained during the construction period when the depth of TSS/sediment reaches 24" (600 mm). It must also be maintained during the construction period if there is an appreciable depth of oil in the unit (more than a sheen) or if floatables other than oil cover over 50% of the area of the separator The HydroStorm separator should be maintained at the end of the construction period, prior to operation for the post-construction period. 141,rdrowo -d " s Post-Construction Period The HydroStorm was independently tested by Alden Research Laboratory in 2017. A HydroStorm HS 4 was tested for scour with a 50% sediment depth of 0.5 ft. Therefore, maintenance for sediment accumulation is required if the depth of sediment is 1 ft or greater in separators with standard water (sump) depths (Table 1). There will be designs with increased sediment storage based on specifications or site-specific criteria. A measurement of the total water depth in the separator through the central access tube should be taken and compared to water depth given in Table 1. The standard water depth from Table 1 should be subtracted from the measured water depth and the resulting extra depth should be added to the 1 ft to determine the site-specific sediment maintenance depth for that separator. For example, if the measured water depth in the HS-7 is 7 feet, then the sediment maintenance depth for that HS-7 is 2 ft (= 1 + 7—6) and the separator does not need to be cleaned for sediment accumulation until the measure sediment depth is 2 ft. The HydroStorm separator must also be maintained if there is an appreciable depth of oil in the unit (more than a sheen) or if floatables other than oil cover over 50% of the water surface of the separator. Table 1 Standard Dimensions for Hydroworks HydroStorm Models Model Diameter(ft) Total Water Sediment Maintenance Depth for Table 1 Depth(ft) Total Water Depth(ft) HS-3 3 3 1 HS-4 4 4 1 HS-5 5 4 1 HS-6 6 4 1 HS-7 7 6 1 HS-8 8 7 1 HS-9 9 7.5 1 HS-10 10 8 1 HS-11 11 9 1 HS-12 12 9.5 1 HYDROSTORM INSPECTION SHEET Date Date of Last Inspection Site City State Owner GPS Coordinates Date of last rainfall Site Characteristics Yes No Soil erosion evident F-1 F-1 Exposed material storage on site ❑ F-1 Large exposure to leaf litter(lots of trees) ❑ ❑ High traffic (vehicle) area ❑ ❑ HydroStorm Yes No Obstructions in the inlet or outlet F-1 * F-1 Missing internal components 1:1 ** F I Improperly installed inlet or outlet pipes El *** El Internal component damage (cracked, broken, loose pieces) ❑ ** ❑ Floating debris in the separator (oil, leaves, trash) ❑ ❑ Large debris visible in the separator ❑ * F-1 Concrete cracks/deficiencies F-1 *** F I Exposed rebar ❑ ** F-1 Water seepage (water level not at outlet pipe invert) ❑ *** ❑ Water level depth below outlet pipe invert " Routine Measurements Floating debris depth < 0.5" (13mm) ❑ >0.5" 13mm) ❑ Floating debris coverage < 50% of surface area F-1 > 50% surface area ❑ Sludge depth < 12" (300mm) ❑ > 12" (300mm) ❑ Maintenance required ** Repairs required Further investigation is required flydroWork,s Other Comments: flydrowork,s HydroworksO HydroStorm One Year Limited Warranty Hydroworks, LLC warrants, to the purchaser and subsequent owner(s) during the warranty period subject to the terms and conditions hereof, the Hydroworks HydroStorm to be free from defects in material and workmanship under normal use and service, when properly installed, used, inspected and maintained in accordance with Hydroworks written instructions, for the period of the warranty. The standard warranty period is 1 year. The warranty period begins once the separator has been manufactured and is available for delivery. Any components determined to be defective, either by failure or by inspection, in material and workmanship will be repaired, replaced or remanufactured at Hydroworks' option provided, however, that by doing so Hydroworks, LLC will not be obligated to replace an entire insert or concrete section, or the complete unit. This warranty does not cover shipping charges, damages, labor, any costs incurred to obtain access to the unit, any costs to repair/replace any surface treatment/cover after repair/replacement, or other charges that may occur due to product failure, repair or replacement. This warranty does not apply to any material that has been disassembled or modified without prior approval of Hydroworks, LLC, that has been subjected to misuse, misapplication, neglect, alteration, accident or act of God, or that has not been installed, inspected, operated or maintained in accordance with Hydroworks, LLC instructions and is in lieu of all other warranties expressed or implied. Hydroworks, LLC does not authorize any representative or other person to expand or otherwise modify this limited warranty. The owner shall provide Hydroworks, LLC with written notice of any alleged defect in material or workmanship including a detailed description of the alleged defect upon discovery of the defect. Hydroworks, LLC should be contacted at 136 Central Ave., Clark, NJ 07066 or any other address as supplied by Hydroworks, LLC. (888-290-7900). This limited warranty is exclusive. There are no other warranties, express or implied, or merchantability or fitness for a particular purpose and none shall be created whether under the uniform commercial code, custom or usage in the industry or the course of dealings between the parties. Hydroworks, LLC will replace any goods that are defective under this warranty as the sole and exclusive remedy for breach of this warranty. Subject to the foregoing, all conditions, warranties, terms, undertakings or liabilities (including liability as to negligence), expressed or implied, and howsoever arising, as to the condition, suitability, fitness, safety, or title to the Hydroworks HydroStorm are hereby negated and excluded and Hydroworks, LLC gives and makes no such representation,warranty or undertaking except as expressly set forth herein. Under no circumstances shall Hydroworks, LLC be liable to the Purchaser or to any third party for product liability claims; claims arising from the design, shipment, or installation of the HydroStorm, or the cost of other goods or services related to the purchase and installation of the HydroStorm. For this Limited Warranty to apply, the HydroStorm must be installed in accordance with all site conditions required by state and local codes; all other applicable laws; and Hydroworks'written installation instructions. Hydroworks, LLC expressly disclaims liability for special, consequential or incidental damages (even if it has been advised of the possibility of the same) or breach of expressed or implied warranty. Hydroworks, LLC shall not be liable for penalties or liquidated damages, including loss of production and profits; labor and materials; overhead costs; or other loss or expense incurred by the purchaser or any third party. Specifically excluded from limited warranty coverage are damages to the HydroStorm arising from ordinary wear and tear; alteration, accident, misuse, abuse or neglect; improper maintenance, failure of the product due to improper installation of the concrete sections or improper sizing; or any other event not caused by Hydroworks, LLC. This limited warranty represents Hydroworks' sole liability to the purchaser for claims related to the HydroStorm, whether the claim is based upon contract, tort, or other legal basis.