Common use of Failure to Complete the SEP Clause in Contracts

Failure to Complete the SEP. If the SEP is not fully implemented within the SEP Completion Period required by this Stipulation and Proposed Order, or there has been a material failure to satisfy a Milestone Requirement, the Designated Regional Water Board Representative shall issue a Notice of Violation. As a consequence, the Discharger shall be liable to pay the entire Suspended Liability, or some portion thereof. The Discharger may not be entitled to any credit, offset, or reimbursement from the Regional Water Board for expenditures made on the SEP prior to the date of the “Notice of Violation” by the Regional Water Board. The amount of the Suspended Liability owed shall be determined via a “Motion for Payment of Suspended Liability” before the Regional Water Board. Upon a final determination of the amount of the Suspended Liability assessed, the amount owed shall be paid to the State Water Pollution Cleanup and Abatement Account within thirty (30) days after the Regional Board serves its final determination on the Discharger. The Discharger shall be liable for the Regional Water Board’s reasonable costs of enforcement, including but not limited to legal costs and expert witness fees. Payment of the assessed Suspended Liability amount will satisfy the Discharger’s obligations pursuant to this Stipulation and the Proposed Order to implement the SEP.

Failure to Complete the SEP. If the SEP is 1 and SEP 2 are not fully implemented within by the SEP Completion Period required by this Stipulation and Proposed OrderDates, or if there has been a material failure to satisfy a Milestone Requirementproject milestone, the Designated Regional Water Board Representative shall issue a “Notice of Violation” will be issued. As a consequence, the Discharger shall be liable to pay the entire Suspended LiabilitySEP Amount, less any amount that has been permanently suspended or some portion thereofexcused based on the timely and successful completion of any interim project milestone that has an identifiable and stand-alone environmental benefit. The Unless the Regional Water Board or its delegate determines otherwise, the Discharger may shall not be entitled to any credit, offset, or reimbursement from the Regional Water Board for expenditures made on the SEP SEPs prior to the date of the “Notice of Violation” by the Regional Water Board’s issuance date. The amount of the Suspended Liability suspended liability owed shall be determined via a written, stipulated agreement between the Parties or, if the Parties cannot reach an agreement on the amount owed, via a “Motion for Payment of Suspended Liability” before the Regional Water Board or its delegate. Within 30 days of the Regional Water Board. Upon a final ’s or its delegate’s determination of the amount of the Suspended Liability suspended liability assessed, the Discharger shall pay the amount owed shall be paid to the “State Water Pollution Cleanup and Abatement Account within thirty (30) days after the Regional Board serves its final determination on the Discharger. Account.” The Discharger shall be liable for submit payment consistent with the Regional Water Board’s reasonable costs of enforcementpayment method described in Section III, including but not limited to legal costs and expert witness feesparagraph 22. Payment of the assessed Suspended Liability amount will shall satisfy the Discharger’s obligations pursuant to this Stipulation and the Proposed Order to implement the SEPSEPs.

Failure to Complete the SEP. If the SEP is not fully implemented within by the SEP Completion Period required by this Stipulation and Proposed OrderDate, or if there has been a material failure to satisfy a any of the Milestone RequirementRequirements, the Designated Regional Water Board Representative or its delegate shall issue a Notice of ViolationViolation to the Dischargers requiring the Dischargers to pay some or all of the SEP Amount. As The amount to be paid shall be determined via a consequence, Motion for Payment of Suspended Liability decided by the Discharger Regional Water Board or its delegate. The Dischargers shall be liable to pay the entire SEP Amount, or, if shown by the Dischargers, some portion thereof less the amount spent to achieve any completed Milestone Requirement as stipulated to by the Parties in writing, or as determined by the Motion for Payment of Suspended Liability. Unless the Regional Water Board or its delegate determines otherwise, or some portion thereof. The Discharger may the Dischargers shall not be entitled to any credit, offset, or reimbursement from the Regional Water Board for expenditures made on the SEP prior to the date of the “Notice of Violation” by ’s issuance date. Within 30 days of the Regional Water Board. The amount of ’s or its delegate’s ruling on the Suspended Liability owed shall be determined via a “Motion for Payment of Suspended Liability” before , the Regional Water BoardDischargers shall submit payment pursuant to the ruling and consistent with the payment method described in Section III, paragraph 14. Upon a final determination of the amount Payment of the Suspended Liability assessed, the amount owed shall be paid to the State Water Pollution Cleanup and Abatement Account within thirty (30) days after the Regional Board serves its final determination on the Discharger. The Discharger shall be liable for determined by the Regional Water Board’s reasonable costs of enforcementBoard or its delegate, including but not limited to legal costs and expert witness fees. following the Motion for Payment of the assessed Suspended Liability amount will Liability, shall satisfy the Discharger’s obligations pursuant to this Stipulation and the Proposed Order Dischargers’ obligation to implement the SEP.

Failure to Complete the SEP. If Except as provided in Paragraph 20, if the SEP is not fully implemented within the SEP Completion Period completion dates required by this Stipulation and Proposed Order, or there has been a material failure to satisfy a Milestone RequirementStipulation, the Designated Regional Central Valley Water Board Representative shall issue a Notice of Violation. As a consequence, the Discharger Respondent shall be liable to pay the entire Suspended LiabilityLiability or, or some portion thereofthereof less the value of the completion of any milestone requirements. The Discharger may Unless otherwise ordered, Respondent shall not be entitled to any credit, offset, or reimbursement from the Regional Central Valley Water Board for expenditures made on the SEP prior to the date of receipt of the “Notice of Violation” by the Regional Water Board. The amount of the Suspended Liability owed shall be determined via a “Motion for Payment of Suspended Liability” before the Regional Central Valley Water Board, or its delegee. Upon a final determination by the Central Valley Water Board, or its delegee, of the amount of the Suspended Liability assessed, the amount owed shall be paid to the State Water Pollution Board Cleanup and Abatement Account within thirty (30) days after the Regional Board serves its final determination on service of the DischargerCentral Valley Water Board’s determination. The Discharger In addition, Respondent shall be liable for the Regional Central Valley Water Board’s reasonable costs of enforcement, including but not limited to legal costs and expert witness fees. Payment of the assessed Suspended Liability amount will satisfy the DischargerRespondent’s obligations pursuant to this Stipulation and the Proposed Order to implement the SEP.

Failure to Complete the SEP. If the SEP is not fully implemented within by the SEP Completion Period Date required by this Stipulation and Proposed Order, or there has been a material failure to satisfy a Milestone RequirementStipulation, the Designated Regional Water Board Representative Assistant Executive Officer shall issue a Notice of Violation. As a consequence, the Discharger POLA shall be liable to pay the entire Suspended Liability or, if shown by POLA, some portion thereof less the value of the completion of any milestone requirements as determined by the Motion for Payment of Suspended Liability, as described below, or some portion thereofas agreed in writing by the Parties. The Discharger may Unless otherwise agreed or determined by a Motion for Payment of Suspended Liability, POLA shall not be entitled to any credit, offset, or reimbursement from the Regional Water Board for expenditures made on the SEP prior to the date of receipt of the “Notice of Violation” by the Regional Water Board. The amount of the Suspended Liability owed shall be determined by agreement of the Parties or, if the Parties cannot reach agreement, via a “Motion for Payment of Suspended Liability” before the Regional Water Board, or its delegate. Upon a final determination by the Regional Water Board, or its delegate, of the amount of the Suspended Liability assessed, the amount owed shall be paid to the State Water Pollution Board Cleanup and Abatement Account within thirty (30) days after the service of the Regional Board serves its final determination on the DischargerWater Board’s determination. The Discharger In addition, POLA shall be liable for the Regional Water Board’s reasonable costs of enforcement, including but not limited to reasonable legal costs and reasonable expert witness fees. Payment of the assessed Suspended Liability amount will satisfy the DischargerPOLA’s obligations pursuant to this Stipulation and the Proposed Order to implement the SEP.

Failure to Complete the SEP. If the SEP is not fully implemented within by the SEP Completion Period required by this Stipulation and Proposed OrderDate listed in Attachment B, or if there has been a material failure to satisfy a Milestone Requirementproject milestone, the Designated Regional Water Board Representative Executive Officer shall issue a “Notice of ViolationFailure to Complete SEP.” The amount of suspended liability owed shall be determined via a Motion for Payment of Suspended Liability before the Regional Board or its delegee. As a consequence, the The Discharger shall be liable to pay the entire SEP Amount, or, if shown by the Discharger, some portion thereof less the value of any completed milestones as stipulated to by the Parties in writing, or as determined by the Motion for Payment of Suspended Liability. Unless the Regional Board or its delegee determines otherwise, or some portion thereof. The the Discharger may shall not be entitled to any credit, offset, or reimbursement from the Regional Water Board for expenditures made on the SEP prior to the issuance date of the “Notice Notice. Within 30 days of Violation” by the Regional Water Board. The amount of the Suspended Liability owed shall be determined via a “Motion for Payment of Suspended Liability” before the Regional Water Board. Upon a final ’s or its delegee’s determination of the suspended liability amount of assessed for the Suspended Liability assessedDischarger to pay, the amount owed shall be paid to the State Water Pollution Cleanup and Abatement Account within thirty (30) days after the Regional Board serves its final determination on the Discharger. The Discharger shall be liable for submit payment consistent with the Regional Water Board’s reasonable costs of enforcement, including but not limited to legal costs and expert witness feespayment method described in paragraph 25.e. Payment of the assessed Suspended Liability amount will shall satisfy the Discharger’s obligations pursuant to this Stipulation and the Proposed Order to implement the SEP.