Supplemental Environmental Project. The Parties agree that $365,000 of the Stipulated Administrative Civil Liability shall be suspended pending completion of the Supplemental Environmental Project (SEP) described in this paragraph and Exhibits C and D. The suspended portion shall be referred to as the SEP Amount.
Supplemental Environmental Project. The Parties agree that the payment of the SEP Amount is a SEP, and that the SEP Amount will be treated as a suspended administrative civil liability for purposes of this Stipulated Order. The Settling Respondent’s SEP obligations will be satisfactorily completed upon the San Francisco Estuary Institute’s written notification to Regional Water Board staff and Settling Respondent. The written notification shall acknowledge that the Regional Monitoring Program received the SEP Amount from the Settling Respondent and the payment will be spent on the project described in Section III, paragraph 26(c)(i) and Attachment C in accordance with the terms of this Stipulated Order. The San Francisco Estuary Institute’s annual and quarterly financial reports to the Regional Water Board shall be considered a final post-project accounting of expenditures.
Supplemental Environmental Project. The Discharger and the Central Valley Water Board agree that the payment specified in Section 1.b of the Stipulation is a SEP, and that the amount specified (hereafter SEP amount) will be treated as a Suspended Administrative Civil Liability for purposes of this Stipulated Order. Upon the Discharger’s payment of its SEP obligations under this Stipulation, Central Valley Water Board staff shall send the Discharger a letter recognizing the satisfactory completion of its SEP obligations. This letter shall terminate any further SEP obligations of Discharger and result in the permanent waiver of the SEP suspended liability.
Supplemental Environmental Project. 32. As part of the settlement of this enforcement action, Respondent shall complete a pollution prevention (AP2") supplemental environmental project (ASEP@). Performance of the tasks detailed in this Section shall constitute satisfactory performance of the SEP, which the parties agree is intended to provide significant environmental or public health protection and improvements.
Supplemental Environmental Project. The Parties agree that the Suspended Liability specified in Paragraph 14 will be used to fund a SEP. The amount associated with the Project shall be treated as a suspended administrative civil liability at the time of Project completion for purposes of this Order. The San Diego Water Board is entitled to recover any portion of the Suspended Liability that is not expended in accordance with this Order. A detailed project description, including milestones, budgets, and performance measures are attached hereto as Attachment B, and incorporated by this reference.
Supplemental Environmental Project. 91. In response to the alleged violations of the CAA, EPCRA and CERCLA and in settlement of this matter, although not required by the CAA, EPCRA, CERCLA, or any other federal, state or local law, Respondent agrees to implement a Supplemental Environmental Project (SEP) for the Purchase of Emergency Response Equipment, as described and set forth in appendix A.
Supplemental Environmental Project. This Supplemental Environmental Project (SEP) proposal consists of emergency response equipment to be purchased and donated by Suncor Energy (U.S.A.) Inc. (Suncor) to emergency response organizations local to Suncor’s Commerce City, Colorado refinery. Suncor has selected the South Adams County Fire Department to own and use the donated equipment. Suncor will expend no less than Two Hundred Forty Thousand dollars ($240,000) associated with implementing the SEP that Suncor has chosen, and costs incurred by contractors and other third parties selected by Suncor to develop, implement, maintain and administer the SEP. Suncor will order the equipment described below within sixty (60) days following the Effective Date of the Consent Agreement and Final Order (CAFO) entered into by Suncor and the U.S. Environmental Protection Agency (EPA). Dependent on supplier capabilities, Suncor expects delivery within a reasonable time after the orders are placed. The SEP will be considered complete when each piece of equipment described below, or similar equipment in the event the equipment listed below is not available, is delivered to the South Adams County Fire Department. If necessary due to product availability or supply chain issues, substantially similar equipment will be purchased by Suncor after consultation with the South Adams County Fire Department. Suncor shall complete this SEP no later than six (6) months after the Effective Date. Suncor alone selected the SEP recipient and specific equipment identified herein. This SEP shall not be construed to constitute EPA approval or endorsement of the equipment or technology donated by Suncor in connection with the SEP. A. Nexus to the section 112(r) of the Clean Air Act (CAA), sections 304 and 312 of the Emergency Planning and Community Right-to- Know Act (EPCRA), section 103 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) This SEP enhances the capabilities of emergency responders, facilitates quick and efficient responses to actual and threatened releases associated with emergency events, and provides tangible environmental and public health benefits primarily for local communities located near Suncor’s Commerce City, Colorado refinery. An adequate nexus exists between this SEP and alleged violations of section 112(r) of the CAA, sections 304 and 312 of EPCRA, and section 103 of CERCLA as set forth in the Consent Agreement in accordance with Category G (Emergency Planning and Prepar...
Supplemental Environmental Project. As a condition of probation under U.S.S.G. § 8B1.3 (and in conjunction with the defendant’s agreement with the State of Connecticut to make a separate payment of $50,000 to the same account), the defendant has agreed to make a payment totaling $25,000 to the DEP Supplemental Environmental Project (SEP) Account to be used for environmental purposes within the State as deemed appropriate by the DEP. The payment shall be made in the same schedule as addressed above in Section 2(A).1 As a condition of probation under § 8B1.3, if the business of the defendant is sold to a third party prior to October 1, 2012, then the defendant shall pay from the net proceeds of such sale (as hereinafter defined), if any, to the DEP SEP Account to be used for environmental purposes, the lesser of: (1) the sum of One Hundred Thousand Dollars ($100,000.00), or (2) the net proceeds of such sale. For purposes of this paragraph, the term “net proceeds” means the gross sale price minus: (a) any applicable broker’s commission; (b) attorneys fees incurred in the negotiation and closing of such sale; (c) any applicable federal and/or state taxes associated with such sale; (d) search and recording fees; (e) payoff of secured financing obligations of said business existing at the time of said sale; and (f) other obligations required by the purchase agreement to be paid out of the sales proceeds. The payment noted in this paragraph is the same payment incorporated into the defendant’s resolution of the matter with the State of Connecticut and would constitute a single obligation of the defendant. Because the community service payment is designated as community service by an organization, the defendant further agrees that it will not seek any reduction in its tax obligations 1 The defendant, as part of resolving this matter with the State of Connecticut, has also agreed to pay a civil penalty to the State of Connecticut as part of a more detailed stipulated judgment resolving water and waste claims. That agreement also obligates the defendant to prepare and implement a Standard Operations Procedure to ensure proper management of wastewaters and hazardous wastes at its facilities.
Supplemental Environmental Project. The District shall pay a sum of Ten Thousand Dollars ($10,000.00) to the Walnut Creek Watershed Council within sixty (60) days after the Effective Date of this Agreement to fund one or more water quality-related projects implemented within the Walnut Creek watershed, in compliance with U.S. EPA’s Supplemental Environmental Projects Policy, and subject to CRW’s approval of the project. Payment shall be provided to the Walnut Creek Watershed Council’s fiscal agent as follows: Mr. Xxx Xxxxxxx Contra Costa Resource Conservation District 0000 Xxxxxxx Xxxx Concord, CA 94521
Supplemental Environmental Project. 42. In response to the violations of the CAA alleged in this Consent Agreement and Final Order and in settlement of this matter, although not required by the CAA or any other federal, state, or local law, Respondent shall complete the SEP described in this Consent Agreement and Final Order, which the parties agree is intended to secure significant environmental or public health protection and improvement.
