ALLEGED VIOLATION Sample Clauses

ALLEGED VIOLATION. On December 15, 2014, OG Property Owner, LLC (hereinafter Discharger) allegedly violated section V.A.2, Narrative Effluent Limitations of the NPDES General Permit for Storm Water Associated with Construction and Land Disturbance Activities, Order No. 2009-0009-DWQ as amended (General Permit), by discharging an estimated 379,000 gallons of storm water polluted by sediments to a storm drain tributary to the west branch of San Pablo Creek. The discharge resulted from inadequate implementation of best management practices (BMPs) at the Discharger’s Xxxxxx Project construction site. ADMINISTRATIVE CIVIL LIABILITY CALCULATION STEPS STEP 1 – POTENTIAL FOR HARM FOR DISCHARGE VIOLATIONS The “potential harm” factor considers the harm to beneficial uses that resulted or that may result from exposure to the pollutants in the discharge, while evaluating the nature, circumstances, extent, and gravity of the violation(s). A three-factor scoring system is used for each violation or group of violations: (1) the harm or potential harm to beneficial uses; (2) the degree of toxicity of the discharge, and (3) whether the discharge is susceptible to cleanup or abatement.
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ALLEGED VIOLATION. Unauthorized discharge of drilling fluid at the southeastern corner of the Amanzi Hotel’s parking lot, located at 000 Xxxxx Xxxxxxxx Xxxxxx, Xxxxxxx, XX 00000 on June 25, 2020. On June 30, 2020, the Los Angeles Regional Water Quality Control Board (Regional Water Board) received photo and video evidence from the City of Ventura Public Works (City) indicating a discharge of unknown waste from a Ventura Directional Drilling, Inc. (Discharger) company truck (License Plate #9F77376 and CA Motor Carrier Permit #253748) into a storm drain. On April 26, 2021, the Regional Water Board issued Investigative Order No. R4-2021-0065 requiring Ventura Directional Drilling, Inc. to prepare and submit a technical report to provide information regarding the unauthorized discharge. On July 20, 2021, the Regional Water Board received a technical report (Technical Report) containing the following information: • The discharge consisted of potable water and CETCO Super Gel X (Drilling Additive); • A total of approximately 450 gallons of potable water and Drilling Additive mixture was discharged; • Per 100 gallons of potable water, approximately 20-30 pounds of CETCO Super Gel X is also used, per the recommendations. Therefore, approximately 135 pounds of CETCO Super Gel X was mixed in the discharge.
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ALLEGED VIOLATION. 34. Between November 1, 2015 and December 5, 2017, Respondents violated CWA Section 301(a), 33 U.S.C. § 1311(a), on at least one hundred eleven (111) days by discharging pollutants from a point source into waters of the United States, including the territorial seas, without NPDES permit authorization.
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ALLEGED VIOLATION. Respondent is a “person,” as defined by Section 329(7) of EPCRA, 42 U.S.C. § 11049(7), and an owner or operator of a “facility,” as defined by Section 329(4) of EPCRA, 42 U.S.C. § 11049(4), and 40 C.F.R. § 370.66. Due to the presence of ammonia at the Facility, Respondent was required to have a Safety Data Sheet (“SDS”) on site pursuant to the Occupational Safety and Health Administration’s Hazard Communication Standard at 29 C.F.R. § 1910.1200(g) and 40 C.F.R. § 370.10(a). Facilities that are required to have an SDS and that have hazardous chemicals present on site in amounts greater than the thresholds specified in 40 C.F.R. § 370.10 are subject to the chemical inventory reporting requirements of 40 C.F.R. Part 370, specifically the requirement to submit an emergency and hazardous chemical inventory form (“Tier II form”) each calendar year, on or before March 1st of the subsequent year, to the local emergency planning committee, the state emergency response commission, and the local fire department. Anhydrous ammonia is an extremely hazardous substance subject to the annual chemical inventory reporting requirements of 40 C.F.R. Part 370 when present at a facility in quantities greater than or equal to 500 pounds. Based on the information obtained by EPA and the Tier II forms Respondent submitted for the 2019 and 2021 reporting years, anhydrous ammonia was present at Nantucket Ice in amounts greater than 500 pounds. However, Respondent failed to submit a completed Tier II form for reporting year 2020, in violation of Section 312 of EPCRA, 42 U.S.C. § 11022, and 40 C.F.R. Part 370. EPA finds that Respondent is subject to, and in violation of, Section 312 of EPCRA and its implementing regulations for failing to submit the required Tier II form for ammonia for reporting year 2020. For purposes of this action, Respondent: (1) admits that it is subject to the requirements of Section 312 of EPCRA and that EPA has jurisdiction over Respondent and the subject matter alleged in this ESA; (2) neither admits nor denies the factual allegations in this ESA; (3) consents to the assessment of the civil penalty stated herein and to the conditions specified in this ESA; and (4) waives any right to contest the allegations in this ESA and its right to appeal the accompanying proposed Final Order. The parties agree that settlement of this matter for a penalty of $5,000 is fair, appropriate, and in the public interest, and EPA finds such penalty consistent with the statutory ...
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ALLEGED VIOLATION. The EQB alleges that the City has violated Paragraph 3.D.1. of the Agricultural Impact Mitigation Plan. Paragraph 3.D.1. of the Mitigation Plan establishes requirements for repair of tile lines damaged or severed by the pipeline trench. “Where tile lines are severed by the pipeline trench, three-sided steel channel iron, angle iron, full-round slotted pipe or half pipe, or an equivalent material, will be used to support the repaired tile lines.” The EQB alleges that the City failed to properly repair the drain tile that was cut along nearly the entire length of the pipeline by using an unslotted full pipe to support the repaired tile lines rather than a slotted full pipe or other material specified in the Mitigation Plan.
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ALLEGED VIOLATION. (Please identify area of content- article, section or subsection violated.) Remedy Sought: Name of Employee Representative, if any: Xxxxxxxx’s signature Cc: Employee Assistant Superintendent, Human Resources Superintendent Supervisor Association Human Resources 10/99 Top of the Document STA Docket #CT__________ FORM AA Office Use Only SANTEE SCHOOL DISTRICT IMMEDIATE SUPERVISOR’S RESPONSE TO GRIEVANCE, LEVEL I Section A. To: Date Name of Grievant School/Department Position Section B. From: Immediate Supervisor Position School/Department Section C. Immediate supervisor’s response to alleged contract violation as specified in xxxxxxxx’s statement dated Decision Rendered: Immediate Supervisor’s Signature Cc: Employee Assistant Superintendent, Human Resources Superintendent Supervisor Association Human Resources 10/99 Top of the Document STA Docket #CT__________ FORM B Office Use Only SANTEE SCHOOL DISTRICT XXXXXXXX’S APPEAL - LEVEL II ASSISTANT SUPERINTENDENT OF HUMAN RESOURCES Section A. Employee Date Last Name First Middle School/Department Position
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ALLEGED VIOLATION. Based on information received in response to an information request letter the EPA sent via electronic mail on August 17, 2021, to the Respondent located at 0 Xxxxxxxx Xxxx Xxxxx Xxxx in Jasper, Georgia, the EPA alleges that Respondent violated Section 112 of the CAA, 42 U.S.C. § 7412, and 40 C.F.R. Part 61, Subpart M. Specifically, the EPA alleges the Respondent failed to provide written notice 10 working days prior to beginning the demolition activity, as required by 40 C.F.R. § 61.145(b), of the former Dahlonega Elementary (the facility) located at 000 Xxxxx Xxxx Xxxxxx xx Xxxxxxxxx, Xxxxxxx, 00000 (the facility). Demolition activity began at the facility on or around May 28, 2021.
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Related to ALLEGED VIOLATION

  • ALLEGED VIOLATIONS ‌ At its discretion, NRMP will investigate alleged violations of this Agreement, including but not limited to:

  • Repeat Violations Xxxxxxx agrees to comply with all regulatory requirements and acknowledges that repeat violations could result in increased penalties in the future.

  • Penalty for Violation The Contractor and any Subcontractor will pay to the State a penalty of sixty dollars ($60) for each worker employed for each calendar day, or portion thereof, that the worker is paid less than the wage rates stipulated in the Prevailing Wage Schedule.

  • Violation The Asset Representations Reviewer agrees that a violation of this Agreement may cause irreparable injury to the Issuer and the Servicer and the Issuer and the Servicer may seek injunctive relief in addition to legal remedies. If an action is initiated by the Issuer or the Servicer to enforce this Section 4.08, the prevailing party will be reimbursed for its fees and expenses, including reasonable attorney’s fees, incurred for the enforcement.

  • WAGE VIOLATIONS Contractor represents and warrants that, during the term of this Master Contract and the three (3) year period immediately preceding the award of the Master Contract, it is not determined, by a final and binding citation and notice of assessment issued by the Washington Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction, to be in willful violation of any provision of Washington state wage laws set forth in RCW chapters 49.46, 49.48, or 49.52.

  • Third Party Antitrust Violations The Subrecipient hereby assigns to the State of Arizona any claim for overcharges resulting from antitrust violations to the extent that such violations concern materials or services supplied by third parties to Subrecipient toward fulfillment of this Agreement.

  • Notice of Violation On or about August 8, 2020, October 30, 2020, April 29, 2021 and July 21, 2022, Xxxxxxx served Xxxxxx.xxx, Inc. and certain requisite public enforcement agencies with 60- Day Notices of Violation (notice), alleging that Xxxxxx.xxx, Inc. violated Proposition 65 when it failed to warn customers or consumers in California that the Products expose users to lead. To the best of the Parties’ knowledge, no public enforcer has commenced and is diligently prosecuting the allegations set forth in the notice.

  • Reporting Violations a) When appropriate, faculty members will submit timely written communication to their immediate supervisor any condition that comes to their attention that may, in their judgment, pose a threat to the health or safety of any person associated with the District.

  • Material Breach A material breach for purposes of this Agreement shall include, but not be limited to:

  • No Conflict or Violation The execution, delivery and performance of this Disaffiliation Agreement or any document related hereto by Local Church and the consummation by Local Church of all of the transactions contemplated hereby or thereby, will not (with or without the giving of notice or the lapse of time or both): (a) violate or require any consent or approval under any applicable provision of any order, writ, injunction, decree, rule, regulation or law; (b) require any consent under, conflict with, result in termination of, accelerate the performance required by, result in a breach of, constitute a default under, or otherwise violate the terms of any leases, promissory notes, loans, agreements, instruments, obligations, contributions, gifts or endowments to which Local Church or a Subsidiary is a party or is beneficiary; (c) require any consent or approval by, notice to or registration with any governmental authority or any other person or entity; (d) violate any organizational documents or bylaws of Local Church; or (e) result in the creation or imposition of any lien or encumbrance upon any of the assets of the Local Church or accelerate any indebtedness of the Local Church, or result in the cancellation, modification, revocation or suspension of any of the licenses, permits, governmental authorizations or accreditations held by the Local Church.

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