Common use of Failure to Complete the SEP Clause in Contracts

Failure to Complete the SEP. If the SEP is not fully implemented by July 15, 2021, or by the due date if extended pursuant to section III, paragraph 7, or if there has been a material failure to satisfy a project milestone, the Executive Officer shall issue a Notice of Violation. The amount of suspended liability owed shall be determined by a written, stipulated 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. 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 Water Board or its delegate determines otherwise, the Discharger shall not be entitled to any credit, offset, or reimbursement from the Regional Water Board for expenditures made on the SEP prior to the Notice of Violation’s issuance date. Within 30 days of the Regional Water Board’s or its delegate’s determination of the suspended liability amount assessed for the Discharger to pay, the Discharger shall submit payment consistent with the payment method described in section III, paragraph 1.a. Payment of the assessed amount shall satisfy the Discharger’s obligations to implement the SEP.

Failure to Complete the SEP. If the SEP is not fully implemented by July 15, 2021, or by the due date if extended pursuant to section III, paragraph 7SEP Completion Date, or if there has been a material failure to satisfy a project milestone, the Executive Officer shall issue a Notice of Violation. The amount of suspended liability owed shall be determined by a written, stipulated 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. The Discharger MMWD shall be liable to pay the entire SEP Amount, or, if shown by the DischargerMMWD, some portion thereof less the value of any completed milestones as stipulated to by the Parties in writing writing, or as determined by the Motion for Payment of Suspended Liability. Unless the Regional Water Board or its delegate determines otherwise, the Discharger MMWD shall not be entitled to any credit, offset, or reimbursement from the Regional Water Board for expenditures made on the SEP prior to the Notice of Violation’s issuance date. Within 30 days of the Regional Water Board’s or its delegate’s determination of the suspended liability amount assessed for the Discharger MMWD to pay, the Discharger MMWD shall submit payment consistent with the payment method described in section Section III, paragraph 1.a9. Payment of the assessed amount shall satisfy the DischargerMMWD’s obligations to implement the SEP.

Failure to Complete the SEP. If the SEP is not fully implemented by July 15, 2021, or by the due date if extended SEP Completion Date and the Executive Officer has not granted an extension pursuant to section Section III, paragraph 722, or if there has been a material failure to satisfy a project milestone, the Executive Officer shall issue a “Notice of Violation” will be issued. The amount of suspended liability owed shall be determined by As a writtenconsequence, stipulated 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. The Discharger shall be liable to pay the entire SEP Amount, or, if shown by less any amount that has been permanently suspended or excused based on the Discharger, some portion thereof less the value timely and successful completion of any completed milestones as stipulated to by the Parties in writing or as determined by the Motion for Payment of Suspended Liabilityinterim project milestone that has an identifiable and stand-alone environmental benefit. Unless the Regional Water Board or its delegate determines otherwise, the Discharger shall not be entitled to any credit, offset, or reimbursement from the Regional Water Board for expenditures made on the SEP prior to the Notice of Violation’s issuance date. The amount of the 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’s or its delegate’s determination of the suspended liability amount assessed for assessed, the Discharger shall pay the amount owed to pay, the “State Water Pollution Cleanup and Abatement Account.” The Discharger shall submit payment consistent with the payment method described in section Section III, paragraph 1.a. Payment of the assessed amount shall satisfy the Discharger’s obligations to implement the SEP.paragraph