FAILURE TO AGREE ON SOLUTION; STATE WATER BOARD FINDING OF INSUFFICIENT PUBLIC BENEFIT Sample Clauses

FAILURE TO AGREE ON SOLUTION; STATE WATER BOARD FINDING OF INSUFFICIENT PUBLIC BENEFIT. Should the Parties not mutually agree on a solution to the public benefit dispute, the State Water Board may submit a finding of insufficient public benefit to the CWC for its consideration and action pursuant to Funding Agreement paragraph 16. The decision to submit a finding of insufficient public benefit shall be made by the State Water Board Executive Director. With its finding of insufficient public benefit, the State Water Board 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, the State Water Board’s determination of whether the insufficient public benefit is the fault of Regional San, and the State Water Board’s recommended corrective actions. The State Water Board’s recommended corrective actions may include only the Project Implementation Action as specified in Section 2.1 of the Adaptive Management Plan and Adaptive Management Actions (Adaptive Management Plan Section 2.5) and that are reasonable and feasible and within Regional San’s control. 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 Program’s Public Water Quality Benefit provided, the Parties shall process an amendment pursuant to Section 8.6 that appropriately reflects the ongoing obligations of Regional San.
Sample 1
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FAILURE TO AGREE ON SOLUTION; STATE WATER BOARD FINDING OF INSUFFICIENT PUBLIC BENEFIT. Should the Parties not mutually agree on a solution to the public benefit dispute, the State Water Board shall submit a finding of insufficient public benefit or other significant noncompliance with this Contract to the CWC for its consideration and action pursuant to Funding Agreement paragraph 15A. With its finding of insufficient public benefit, the State Water Board shall provide the CWC an explanation regarding the cause of the insufficient public benefit, remedial actions taken to date by Regional San, including any mitigating circumstances, and its determination of whether the insufficient public benefit is the fault of Regional San. 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 Program’s public water quality benefit, the Parties shall process an amendment pursuant to Section 7.6 that appropriately reflects the ongoing obligations of Regional San.
Sample 1

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