Common use of Regulatory Background Clause in Contracts

Regulatory Background. On 3 May 2007, the California Regional Water Quality Control Board, Central Valley Region (Central Valley Water Board) adopted General Waste Discharge Requirements Order R5- 2007-0035 (General Order) for several dairies including the ▇▇▇ and ▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇. On 3 October 2013, the Central Valley Water Board adopted Reissued General Waste Discharge Requirements Order R5-2013-0122 (Reissued General Order) to replace the prior General Order. The Reissued General Order prescribes requirements for the storage, treatment, and disposal of solid manure, liquid manure, and other wastes which could impact water quality, and includes a Monitoring and Reporting Program (MRP). The MRP includes reporting provisions prescribed pursuant to Water Code section 13267. The ▇▇▇ and ▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇, LP is a limited partnership registered in California. ▇▇▇▇ ▇▇▇▇▇▇▇ is a general partner in the ▇▇▇ and ▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇, LP. ▇▇▇▇▇ ▇▇▇▇▇▇▇ has identified himself as an operator of the dairy. The ▇▇▇ and ▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇, LP, ▇▇▇▇▇ ▇▇▇▇▇▇▇, and ▇▇▇▇ ▇▇▇▇▇▇▇ are collectively referred to as “Dischargers.” The Dischargers own and/or operate the dairy located at ▇▇▇▇ ▇▇ ▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇, ▇▇▇▇▇▇ ▇▇▇▇▇▇. The ▇▇▇▇▇ and ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇ (Dairy) has been enrolled under the General Order since 29 June 2007 and the Reissued General Order since 3 October 2013. The Reissued General Order, including the associated MRP, requires the Dischargers to submit Annual Reports by July 1 of each year. The Dischargers have failed to comply with these requirements for the 2017, 2018, 2019, and 2020 reporting periods.1 Pursuant to Water Code section 13268, failure to submit technical reports required by Water Code section 13267 subjects the Dischargers to an administrative civil liability of up to $1,000 per day for each missing or incomplete report. The Reissued General Order requires the Dischargers to submit Annual Reports by 1 July of each year. Central Valley Water Board staff inspected the Dairy on 23 May 2018 and 19 June 2018. A Notice of Violation (NOV) was issued on 8 August of 2018, which documented violations and put the Dischargers on notice that the 2017 Annual Report was overdue. The Dischargers did not correct that violation. On 6 August 2019 Central Valley Water Board staff again inspected the Dairy. An NOV was issued on 12 August 2019, which documented violations. The NOV noted that both the 2017 and 2018 Annual Reports were overdue. To date, those reports have not been submitted. Similarly, the 2019 and 2020 annual reports have not been submitted to date.