Examples of Simplot in a sentence
The obligations of this Consent Decree apply to and are binding upon the United States and Simplot and any successors, assigns, or other entities or persons otherwise bound by law.
Except as otherwise provided in this Paragraph, Simplot shall make a RCRA hazardous waste determination, pursuant to 40 C.F.R.§ 262.11, of all solid wastes generated at the Facility and, if the wastes are hazardous, Simplot shall manage them in compliance with RCRA Requirements.
Provided that Simplot complies with the Consent Decree from the Effective Date of this Consent Decree through the date of termination of this Consent Decree pursuant to Section XVIII (Termination), these claims shall be finally resolved as of the date the Consent Decree terminates.
If any event occurs or has occurred that may delay the performance of any obligation under this Consent Decree, whether or not caused by a force majeure event, Simplot shall provide notice to EPA orally or by electronic or facsimile transmission as soon as possible, as provided in Section XIV (Notices), but not later than seven (7) Days after the time when Simplot first knew that the event might cause a delay.
If Simplot fails to pay stipulated penalties according to the terms of this Consent Decree, Simplot shall be liable for Interest on such penalties, as provided for in 28 U.S.C. § 1961, accruing as of the date payment became due.
Failure to comply with the above requirements regarding an event shall preclude Simplot from asserting any claim of force majeure regarding that event, provided, however, that if EPA, despite the late notice, is able to assess to its satisfaction under Paragraphs 60 and 61 whether the event is a force majeure and whether Simplot has exercised its best efforts, EPA may, in its unreviewable discretion, excuse in writing Simplot’s failure to submit timely notices under this Paragraph.
Simplot shall include with any notice all available documentation supporting its claim that the delay was attributable to a force majeure event.
For continuing violations alleged in the Complaint, provided that Simplot complies with this Consent Decree, as set forth in Paragraph 81, from the date of lodging of the Consent Decree through its Effective Date, these claims shall also be resolved through the Effective Date of this Consent Decree, as of the Effective Date.
Prior to commencement of operations of the Acid Value Recovery System, as described in Section VI (Compliance Projects) of Appendix 4 (Facility Report), Simplot may continue to manage wastes or other materials generated from Upstream Operations, Mixed-Use Units, Acid Value Recovery Units, SPA Recovery Units, or units that serve to manage, store, or transport Bevill-Excluded Wastes as specifically documented in its “Consolidated Materials Management Practices” report dated April 17, 2020.
Simplot shall be deemed to know of any circumstance of which Simplot, any entity controlled by Simplot, or Simplot’s contractors knew or reasonably should have known.