Common use of Failure to Complete the SEP Clause in Contracts

Failure to Complete the SEP. If the SEP is not fully implemented by the SEP Completion Date required by this Stipulated Order, the Central Valley Water Board Executive Officer shall issue a Notice of Violation. As a consequence, Caltrans shall be liable to pay the entire Suspended Liability or, if shown by Caltrans, 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 as agreed in writing by the Parties. Unless otherwise agreed or determined by a Motion for Payment of Suspended Liability, Caltrans shall not be entitled to any credit, offset, or reimbursement from the Central Valley Water Board for expenditures made on the SEP prior to the date of receipt of the Notice of Violation. 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 Central Valley Water Board, or its delegee. Upon a determination by the Central Valley Water Board, or its delegee, of the amount of the Suspended Liability assessed, the amount shall be paid to the State Water Board Cleanup and Abatement Account within thirty (30) days after the service of the Central Valley Water Board’s determination. In addition, Caltrans shall be liable for the Central Valley Water Board’s reasonable costs of enforcement, including but not limited to reasonable legal costs and reasonable expert witness fees. Payment of the assessed amount will satisfy Caltrans’ obligations to implement the SEP. In the event that payment is due pursuant to this Paragraph, Caltrans shall send the original signed check to the State Water Resources Control Board Accounting Office, Attn: ACL Payment/SEP Failure, P.O. Box 1888, Sacramento, CA 95812-1888. Copies of the check shall be sent to Xxxxx Xxxxxx, Assistant Chief Counsel, State Water Resources Control Board, Office of Enforcement, P.O. Box 100, Sacramento, CA 95812 and Xxxxx Xxxxx, Supervisor, Compliance and Enforcement Section, Regional Water Quality Control Board, Central Valley Region, 00000 Xxx Xxxxxx Xxxxx, Xxxxx 000, Xxxxxx Xxxxxxx, XX 00000.

Failure to Complete the SEP. If the SEP is not fully implemented by the SEP Completion Date required by this Stipulated Order, the Central Valley Water Board Executive Officer shall issue a Notice of Violation. As a consequence, Caltrans the City of Vacaville shall be liable to pay the entire Suspended Liability or, if shown by Caltransthe City of Vacaville, 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 as agreed in writing by the Parties. Unless otherwise agreed or determined by a Motion for Payment of Suspended Liability, Caltrans the City of Vacaville shall not be entitled to any credit, offset, or reimbursement from the Central Valley Water Board for expenditures made on the SEP prior to the date of receipt of the Notice of Violation. 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 Central Valley Water Board, or its delegee. Upon a determination by the Central Valley Water Board, or its delegee, of the amount of the Suspended Liability assessed, the amount shall be paid to the State Water Board Cleanup and Abatement Account within thirty (30) days after the service of the Central Valley Water Board’s determination. In addition, Caltrans the City of Vacaville shall be liable for the Central Valley Water Board’s reasonable costs of enforcement, including but not limited to to, reasonable legal costs and reasonable expert witness fees. Payment of the assessed amount will satisfy Caltrans’ the City of Vacaville’s obligations to implement the SEP. In the event that payment is due pursuant to this Paragraph, Caltrans the City of Vacaville shall send the original signed check to the State Water Resources Control Board Accounting Office, Attn: ACL Payment/SEP Failure, P.O. Box 1888X.X. Xxx 0000, SacramentoXxxxxxxxxx, CA 95812XX 00000-18880000. Copies of the check shall be sent to Xxxxx XxxxxxXxxxxxxxx, Assistant Chief CounselStaff Attorney, State Water Resources Control Board, Office of EnforcementXxxxxx xx Xxxxxxxxxxx, P.O. Box 100X.X. Xxx 000, SacramentoXxxxxxxxxx, CA 95812 XX 00000 and Xxxxx Xxxxx, Supervisor, Compliance and Enforcement Section, Regional Water Quality Control Board, Central Valley Region, 00000 11020 Xxx Xxxxxx Xxxxx, Xxxxx 000, Xxxxxx Xxxxxxx, XX 00000.

Failure to Complete the SEP. If the Tree Planting SEP is not fully implemented by the SEP Completion Date required by this Stipulated Orderlisted in Attachment B, or if there has been a material failure to satisfy a project milestone necessary to implement the Tree Planting SEP, the Central Valley Water Board Executive Officer shall issue to the Rose Foundation and the Discharger a “Notice of ViolationFailure to Complete SEP”. As The amount of suspended liability owed shall be determined via a consequence, Caltrans Motion for Payment of Suspended Liability before the Los Angeles Water Board or its delegee. The Discharger shall be liable to pay the entire Suspended Liability SEP Amount, or, if shown by Caltransthe Discharger, some portion thereof less the value of any completed Tree Planting SEP milestones as stipulated to by the completion of any milestone requirements Parties in writing, or as determined by the Motion for Payment of Suspended Liability, as described below, or as agreed in writing by the Parties. Unless otherwise agreed the Los Angeles Water Board or determined by a Motion for Payment of Suspended Liabilityits delegee determines otherwise, Caltrans the Discharger shall not be entitled to any credit, offset, or reimbursement from the Central Valley Los Angeles Water Board for expenditures made on the Tree Planting SEP prior to after the issuance date of receipt of the Notice of ViolationNotice. 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 Central Valley Water Board, or its delegee. Upon a determination by the Central Valley Water Board, or its delegee, of the amount of the Suspended Liability assessed, the amount shall be paid to the State Water Board Cleanup and Abatement Account within Within thirty (30) days after the service of the Central Valley Los Angeles Water Board’s determinationor its delegee’s determination of the suspended liability amount assessed for the Discharger to pay, the Discharger shall instruct the Rose Foundation to pay the suspended liability amount, or any portion thereof, on its behalf based on the funds the Rose Foundation still possesses. In additionIf the funds in the Rose Foundation’s possession are insufficient to satisfy the suspended liability amount assessed for the Discharger to pay, Caltrans the Discharger will provide additional funds for full payment. Payment shall be liable made by the Rose Foundation and/or Discharger consistent with the payment method described in Section III, paragraph 2.a., above. The Los Angeles Water Board shall provide the Discharger with a copy of confirmation of receipt of payment from the State Water Board for any full or partial payment made by the Central Valley Rose Foundation within fifteen (15) business days of receipt by the Los Angeles Water Board’s reasonable costs of enforcement, including but not limited to reasonable legal costs and reasonable expert witness fees. Payment of the assessed amount will shall satisfy Caltrans’ the Discharger’s obligations to implement the SEPin Section III, paragraph 2.b. In the event that payment is due pursuant to this Paragraph, Caltrans shall send the original signed check to the State Water Resources Control Board Accounting Office, Attn: ACL Payment/SEP Failure, P.O. Box 1888, Sacramento, CA 95812-1888. Copies of the check shall be sent to Xxxxx Xxxxxx, Assistant Chief Counsel, State Water Resources Control Board, Office of Enforcement, P.O. Box 100, Sacramento, CA 95812 and Xxxxx Xxxxx, Supervisor, Compliance and Enforcement Section, Regional Water Quality Control Board, Central Valley Region, 00000 Xxx Xxxxxx Xxxxx, Xxxxx 000, Xxxxxx Xxxxxxx, XX 00000above.

Failure to Complete the SEP. If the SEP is not fully implemented by within the SEP Completion Date Period required by this Stipulated OrderStipulation and Order or if there has been a material failure to satisfy a Milestone Requirement, the Central Valley Designated Lahontan Water Board Executive Officer Representative shall issue a Notice of Violation. As a consequence, Caltrans Settling Respondent shall be liable to pay the entire Suspended Liability orLiability, if shown by Caltrans, or some portion thereof less the value of the completion of any milestone requirements as determined by the Motion for Payment of Suspended LiabilityMilestone Requirements, as described below, or as agreed in writing by the Partiesunless otherwise ordered. Unless otherwise agreed or determined by a Motion for Payment of Suspended Liability, Caltrans Settling Respondent shall not be entitled to any credit, offset, or reimbursement from the Central Valley Lahontan Water Board for expenditures made on the SEP prior to the date of receipt of the “Notice of Violation” by the Lahontan Water Board, unless otherwised allowed. 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 Central Valley Lahontan Water Board, or its delegee. Upon a determination by the Central Valley Lahontan Water Board, or its delegee, Board of the amount of the Suspended Liability assessed, the amount owed shall be paid to the State Water Board Pollution Cleanup and Abatement Account within thirty (30) days after the service of the Central Valley Lahontan Water Board’s determination. In addition, Caltrans the Settling Respondent shall be liable for the Central Valley Lahontan Water Board’s reasonable costs of enforcement, including but not limited to reasonable legal costs and reasonable expert witness fees. Payment of the assessed amount will satisfy Caltrans’ the Settling Respondent’s obligations to implement the SEP. In the event that payment is due pursuant to this Paragraph, Caltrans shall send the original signed check to the State Water Resources Control Board Accounting Office, Attn: ACL Payment/SEP Failure, P.O. Box 1888, Sacramento, CA 95812-1888. Copies of the check shall be sent to Xxxxx Xxxxxx, Assistant Chief Counsel, State Water Resources Control Board, Office of Enforcement, P.O. Box 100, Sacramento, CA 95812 and Xxxxx Xxxxx, Supervisor, Compliance and Enforcement Section, Regional Water Quality Control Board, Central Valley Region, 00000 Xxx Xxxxxx Xxxxx, Xxxxx 000, Xxxxxx Xxxxxxx, XX 00000.