Common use of Administrative Civil Liability Clause in Contracts

Administrative Civil Liability. The Dischargers hereby agree to the imposition of an administrative civil liability in the amount of $79,690 (seventy nine thousand six hundred ninety dollars) to resolve the violations specifically alleged in this Stipulated Order as follows: a. No later than 30 days after the Effective Date of this Order, the Dischargers shall submit a check for $4,690 (four thousand, six hundred ninety dollars) to the State Water Board. The check shall be made payable to the “State Water Pollution Cleanup and Abatement Account,” shall reference Order No. R6T- 2024-0004, and shall be mailed to: State Water Resources Control Board Accounting Office Attn: ACL Payment P.O. Box 1888 Sacramento, CA 95812-1888 The Dischargers shall provide a copy of the check via email to the State Water Board, Office of Enforcement (Xxxxxx.Xxxxx@xxxxxxxxxxx.xx.xxx) and to the Lahontan Water Board (Xxxxxx.Xxxxxx@xxxxxxxxxxx.xx.xxx). b. The Parties agree that the remaining $75,000 (seventy-five thousand dollars) (SEP amount) of the administrative civil liability shall be conditionally suspended pending completion of the Xxxxxx Basin Excavation portion of the Tahoe Valley Stormwater and Greenbelt Improvement Project (Xxxxxx Basin Supplemental Environmental Project [SEP]) as described herein and in Attachment B, which is hereby incorporated by reference. The Xxxxxx Basin SEP is designed to allow storm water to spread out, infiltrate, and reduce sediment and nutrients, thus improving the quality of the storm water that enters Lake Tahoe. The Xxxxxx Basin SEP is one portion of a larger project which is designed to help meet the sediment and nutrient reductions mandated by the Lake Tahoe Total Maximum Daily Load (TMDL) program. c. The State Water Board’s Policy on Supplemental Environmental Projects (SEP Policy) states that that the Director of the Office of Enforcement may approve a SEP in an amount greater than 50% of the administrative civil liability in certain cases, including when the SEP is located in, or benefits, a Disadvantaged Community. The Xxxxxx Basin SEP is located in, and will benefit a Disadvantaged Community and therefore the Director has allowed 100% of the liability to fund the SEP.

Appears in 2 contracts

Samples: Settlement Agreement, Settlement Agreement

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Administrative Civil Liability. The Dischargers Discharger hereby agree agrees to the imposition of an administrative civil liability in totaling sixty-three thousand seven hundred dollars ($63,700) to the amount Central Valley Water Board to resolve the alleged Water Code violations, specifically: a. Thirty-four thousand eighty one dollars ($34,081) shall be paid to the State Water Board Cleanup and Abatement Account. Payment shall be made no later than thirty (30) days after the entry of $79,690 (seventy an Order approving this Settlement Agreement by the Central Valley Water Board, by check payable to the State Water Board Cleanup and Abatement Account. The Discharger shall indicate on the check the number of this Order. The Discharger shall send the original signed check to the Accounting Office, Attn: ACL Payment, X.X. Xxx 0000, Xxxxxxxxxx, XX 00000- 1888. Copies of the check shall be sent to Xxxxx Xxxxxxx, Central Valley Water Quality Control Board, 00000 Xxx Xxxxxx Xxxxx, Xxxxx 000, Xxxxxx Xxxxxxx, XX 00000. b. Twenty-nine thousand six hundred ninety dollarsand nineteen dollars ($29,619) shall be paid to resolve the violations specifically alleged Rose Foundation for Communities and the Environment (“Rose Foundation”). Out of that amount, $29,619 shall be distributed in this Stipulated Order its entirety to Self-Help Enterprises solely for use as follows: a. No part of the disadvantaged communities (DAC) Engagement in Regional Water Planning for Madera County area of San Joaquin River Basin Region Project. This Project is intended to improve DAC participation in Integrated Regional Water Management (IRWM) activities by working directly with DACs and IRWM to build capacity, xxxxxx relationships, address current barriers, and minimize future barriers and support development of ground water sustainability projects. Payment shall be made no later than 30 thirty (30) days after the Effective Date entry of an Order approving this Order, Settlement Agreement by the Dischargers shall submit a check for $4,690 (four thousand, six hundred ninety dollars) to the State Central Valley Water Board. The check Payment shall be made provided to the Rose Foundation in the form of a single check payable to the “State Water Pollution Cleanup and Abatement Account,Rose Foundation.shall reference Order No. R6T- 2024-0004, and Payment shall be mailed tosent to the following address: State Water Resources Control Board Accounting Office Rose Foundation, 0000 Xxxxxxxx, Xxxxx 000, Xxxxxxx, XX 00000-0000, Attn: ACL Payment P.O. Box 1888 Sacramento, CA 95812-1888 The Dischargers shall provide a Xxx Xxxxxx. A copy of the check via email to the State Water Board, Office of Enforcement (Xxxxxx.Xxxxx@xxxxxxxxxxx.xx.xxx) and to the Lahontan Water Board (Xxxxxx.Xxxxxx@xxxxxxxxxxx.xx.xxx). b. The Parties agree that the remaining $75,000 (seventy-five thousand dollars) (SEP amount) of the administrative civil liability shall be conditionally suspended pending completion of sent to Xxxxx Xxxxxxx at the Xxxxxx Basin Excavation portion of the Tahoe Valley Stormwater and Greenbelt Improvement Project (Xxxxxx Basin Supplemental Environmental Project [SEP]) as described herein and in Attachment B, which is hereby incorporated by reference. The Xxxxxx Basin SEP is designed to allow storm water to spread out, infiltrate, and reduce sediment and nutrients, thus improving the quality of the storm water that enters Lake Tahoe. The Xxxxxx Basin SEP is one portion of a larger project which is designed to help meet the sediment and nutrient reductions mandated by the Lake Tahoe Total Maximum Daily Load (TMDL) programaddress set forth above. c. The State Water Board’s Policy on Supplemental Environmental Projects (SEP Policy) states that that the Director of the Office of Enforcement may approve a SEP in an amount greater than 50% of the administrative civil liability in certain cases, including when the SEP is located in, or benefits, a Disadvantaged Community. The Xxxxxx Basin SEP is located in, and will benefit a Disadvantaged Community and therefore the Director has allowed 100% of the liability to fund the SEP.

Appears in 1 contract

Samples: Settlement Agreement and Stipulation for Entry of Administrative Civil Liability Order

Administrative Civil Liability. The Dischargers hereby agree to the imposition of an administrative civil liability in the amount of $79,690 (seventy five hundred fifty-nine thousand six seven hundred ninety dollarsone dollars ($559,701) to resolve the violations specifically alleged in this Stipulated Order as follows: a. No later than 30 days after the Effective Date of this Order, the Dischargers shall submit a check for two hundred eighty-seven thousand eight hundred fifty-two dollars ($4,690 (four thousand, six hundred ninety dollars287,852) to the State Water Board. The check shall be made payable to the “State Water Pollution Cleanup and Abatement Account,” shall reference Order No. R6T- 2024R6T-2024-00040003, and shall be mailed to: State Water Resources Control Board Accounting Office Attn: ACL Payment P.O. Box 1888 Sacramento, CA 95812-1888 The Dischargers shall provide a copy of the check via email to the State Water Board, Office of Enforcement (Xxxxxx.Xxxxx@xxxxxxxxxxx.xx.xxxXxxxx.Xxxxxx@xxxxxxxxxxx.xx.xxx) and to the Lahontan Water Board (Xxxxxx.Xxxxxx@xxxxxxxxxxx.xx.xxx). b. The Parties agree that the remaining $75,000 (two hundred seventy-five one thousand dollarseight hundred forty-nine dollars ($271,849) (SEP amount) of the administrative civil liability shall be conditionally suspended pending completion of the Xxxxxx Basin Excavation portion of the Tahoe Valley Stormwater and Greenbelt Improvement Trout Creek Restoration (Reach 1, Segment A) Project (Xxxxxx Basin Supplemental Environmental Project [Trout Creek SEP]) as described herein and in Attachment B, which is hereby incorporated by reference. The Xxxxxx Basin Trout Creek SEP is designed to allow storm water to spread out, infiltrate, restore the natural and reduce sediment and nutrients, thus improving the quality of the storm water that enters Lake Tahoe. The Xxxxxx Basin SEP is one portion ecological value of a larger project which is designed to help meet the sediment section of Trout Creek in downtown Truckee, creating a functioning riparian corridor with enhanced aquatic habitat and nutrient reductions mandated by the Lake Tahoe Total Maximum Daily Load (TMDL) programaddressing flooding impacts. c. The State liability amount was adjusted downward from the initial potential liability in part by the Dischargers’ agreement to voluntarily implement the “Construction Stormwater General NPDES Permit Commitments” as proposed by the Dischargers and found in Attachment C, which is hereby incorporated by reference. These Commitments do not represent requirements enforceable as distinct from the General Permit, but the Lahontan Water Board’s Policy on Supplemental Environmental Projects (SEP Policy) states that Board anticipates that the Director incorporation of the Office Commitments into daily decision-making or broader awareness of Enforcement may approve a SEP in an amount greater than 50% water quality protections that can be implemented on construction projects will prevent similar violations from occurring after the Effective Date of the administrative civil liability in certain cases, including when the SEP is located in, or benefits, a Disadvantaged Community. The Xxxxxx Basin SEP is located in, and will benefit a Disadvantaged Community and therefore the Director has allowed 100% of the liability to fund the SEPthis Agreement.

Appears in 1 contract

Samples: Settlement Agreement and Stipulation for Entry of Administrative Civil Liability Order

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Administrative Civil Liability. The Dischargers Xxxxxx hereby agree agrees to the imposition of an administrative civil liability in the amount of totaling NINETY THOUSAND DOLLARS ($79,690 (seventy nine thousand six hundred ninety dollars90,000) to resolve the violations specifically alleged in this Stipulated Order as followsviolations. Specifically: a. No later than 30 7.1 Within thirty (30) days after of issuance of the Effective Date of this Order, the Dischargers shall submit a check for Xxxxxx agrees to remit, by check, FORTY FIVE THOUSAND DOLLARS ($4,690 (four thousand, six hundred ninety dollars45,000) payable to the State Water Board. The check shall be made payable to the “State Water Pollution Resources Control Board Cleanup and Abatement Account,” shall reference Order No. R6T- 2024-0004, and shall be mailed to: indicate on the check the number of this Order. Xxxxxx shall send the original signed check to the State Water Resources Control Board Accounting Office Office, Attn: ACL Payment Payment, P.O. Box 1888 1888, Sacramento, CA 95812-1888 The Dischargers shall provide a copy 1888. Copies of the check via email shall be sent to the Xxxxxx X. Xxxxxxx, Senior Staff Counsel, State Water Resources Control Board, Office of Enforcement, P.O. Box 100, Sacramento, CA 95812 and Xxxxx Xxxxx, Supervisor, Compliance/Enforcement (Xxxxxx.Xxxxx@xxxxxxxxxxx.xx.xxx) and to the Lahontan Section, Regional Water Board (Xxxxxx.Xxxxxx@xxxxxxxxxxx.xx.xxx)Quality Control Board, Central Valley Region, 00000 Xxx Xxxxxx Xxxxx, Xxxxx 000, Xxxxxx Xxxxxxx, XX 00000. b. The 7.2 Within thirty (30) days of issuance of the Order, the Parties agree that the remaining FORTY FIVE THOUSAND DOLLARS ($75,000 (seventy-five thousand dollars) (SEP amount45,000) of the administrative civil liability (SEP Amount) shall be conditionally suspended pending completion paid to the Rose Foundation for implementation of the Xxxxxx Basin Excavation portion of the Tahoe Valley Stormwater and Greenbelt Improvement Project (Xxxxxx Basin a Supplemental Environmental Project [(SEP]). 7.2.1 Of that XXX Xxxxxx, FORTY THOUSAND FIVE HUNDRED DOLLARS ($40,500) shall be distributed in its entirety to The Sierra Fund solely for use as described herein part of the “Integrating Grass Valley DAC Participation in CABY Water Quality Activities: Project Planning, Tribal Consultation, and Post-It Day 2016.” Funding for this project will provide community outreach and engagement with tribal leaders, disadvantaged community members, and others in the Grass Valley during “Post-It Day” 2016, an effort to provide fish consumption information to members of this community and surrounding disadvantaged communities. The proposed project would involve local organizations and leaders that serve disadvantaged communities and tribal members in planning efforts to produce and distribute state-issued fish consumption guidelines at water bodies where anglers are fishing, and potentially other social services outlets in the community. A complete description of this project is provided in Attachment BB to this Stipulated Order. 7.2.2 THREE THOUSAND ONE HUNDRED FIFTY DOLLARS ($3,150) shall be used for Rose Foundation SEP Program Oversight. 7.2.3 ONE THOUSAND THREE HUNDRED FIFTY DOLLARS ($1,350) shall be used for administration and oversight costs associated with the specific Rose Foundation SEP Project described in Paragraph 7.2.1. 7.2.4 Payment shall be made no later than thirty (30) days after the entry of an Order approving this Settlement Agreement by the Central Valley Water Board. Payments associated with Paragraphs 7.2.1, which is hereby incorporated by reference. The Xxxxxx Basin SEP is designed to allow storm water to spread out, infiltrate7.2.2, and reduce sediment and nutrients7.2.3 shall be provided to the Rose Foundation in the form of a single check payable to the “Rose Foundation.” Payment shall be sent to the following address: Rose Foundation, thus improving the quality 0000 Xxxxxxxx, Xxxxx 000, Xxxxxxx, XX 00000-0000, Attn: Xxx Xxxxxx. A copy of the storm water that enters Lake Tahoe. The Xxxxxx Basin SEP is one portion of a larger project which is designed check shall be sent to help meet Xxxxx Xxxxx at the sediment and nutrient reductions mandated by the Lake Tahoe Total Maximum Daily Load (TMDL) programaddress set forth above. c. The State Water Board’s Policy on Supplemental Environmental Projects (SEP Policy) states that that the Director of the Office of Enforcement may approve a SEP in an amount greater than 50% of the administrative civil liability in certain cases, including when the SEP is located in, or benefits, a Disadvantaged Community. The Xxxxxx Basin SEP is located in, and will benefit a Disadvantaged Community and therefore the Director has allowed 100% of the liability to fund the SEP.

Appears in 1 contract

Samples: Settlement Agreement

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