STIPULATED PENALTIES. 72. In the event that DOE fails to submit a CERCLA primary document pursuant to the appropriate timetable or deadline in accordance with Part Three of this Agreement, or fails to comply with a term or condition of Part Three of this Agreement which relates to an interim or final remedial action, including milestones associated with the development, implementation and completion of an RI or FS, EPA may assess a stipulated penalty against DOE. If Ecology determines that DOE has failed in a manner as set forth above for which it is the lead regulatory agency, Ecology may identify stipulated penalties to EPA and, unless it is a disputed matter under Paragraph 73, these penalties shall be assessed in accordance with this Article. A stipulated penalty may be assessed in an amount up to $5,000 for the first week (or part thereof), and up to $10,000 for each additional week (or part thereof) for which a failure set forth in this paragraph occurs.
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Samples: www.emcbc.doe.gov, Order and Compliance Agreement, Order and Compliance Agreement
