FAILURE TO AGREE ON SOLUTION; DEPARTMENT FINDING OF INSUFFICIENT PUBLIC BENEFIT Sample Clauses

FAILURE TO AGREE ON SOLUTION; DEPARTMENT FINDING OF INSUFFICIENT PUBLIC BENEFIT. Should the Parties not mutually agree on a solution to the public benefit dispute, the Department shall submit a finding of insufficient public benefit to the CWC for its consideration and action pursuant to Funding Agreement paragraph 15A. With its finding of insufficient public benefit, the Department shall provide the CWC an explanation regarding the cause of the insufficient public benefit. The explanation shall also include a description of remedial actions taken to date by Regional San, including any mitigating circumstances, its determination of whether the insufficient public benefit is the fault of the Regional San, and the Department’s recommended compliance actions. Regional San may also provide any information it believes is pertinent to the CWC. Should a decision by the CWC result in a change to the Public Ecosystem Benefit provided, the Parties shall process an amendment pursuant to Section 8.6 that appropriately reflects the ongoing obligations of Regional San.
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