Common use of Administrative Civil Liability Clause in Contracts

Administrative Civil Liability. The Settling Respondent xxxxxx agrees to the imposition of an administrative civil liability totaling $465,500 to resolve the alleged violations as follows: a. To resolve the alleged discretionary violations as described in Section II, paragraph 20 and Attachment A, no later than 30 days after the Regional Water Board, or its delegate, signs this Stipulated Order, the Settling Respondent shall submit a check for $141,250 made payable to the “Waste Discharge Permit Fund,” reference the Order number on page one of this Stipulated Order, and mailed to: State Water Resources Control Board Accounting Office Attn: ACL Payment P.O. Box 1888 Sacramento, CA 95812-1888 The Settling Respondent shall provide a copy of the check via e-mail to the State Water Resources Control Board, Office of Enforcement (Xxxxx.Xxxxxx@xxxxxxxxxxx.xx.xxx) and the Regional Water Board (Xxxxx.Xxxxx@xxxxxxxxxxx.xx.xxx). b. To resolve the alleged MMPs as described in Section II, paragraph 21 and Attachment B, no later than 30 days after the Regional Water Board, or its delegate, signs this Stipulated Order, the Settling Respondent shall submit a check for $84,000 made payable to the “State Water Pollution Cleanup and Abatement Account,” reference the Order number on page one of this Stipulated Order, and mailed to: State Water Resources Control Board Accounting Office Attn: ACL Payment P.O. Box 1888 Sacramento, CA 95812-1888 The Settling Respondent shall provide a copy of the check via e-mail to the Office of Enforcement and the Regional Water Board at the e-mail addresses set forth above. c. The Settling Respondent agrees that $240,250, consisting of half of the discretionary penalty amount ($141,250) and $84,000 related to the MMPs per Water Code section 13385, subdivision (l) (i.e., $15,000 + ($183,000- $15,000)/2 = $84,000), of the administrative liability amount shall be paid to the Regional Monitoring Program care of the San Francisco Estuary Institute for implementation of a Supplemental Environmental Project (SEP) as follows: i. $240,250 (SEP Amount) shall be paid solely for use towards the Supplemental Environmental Project (SEP) Fund for the San Francisco Bay Regional Monitoring Program. Funding this project will include a study related to hydrodynamic and water quality model calibration and application in San Francisco Bay and Lower South Bay. A complete description of this project is provided in Attachment C, incorporated herein by reference. ii. Settling Respondent shall not be liable for administrative and oversights costs associated with the specific project described above. iii. Payment shall be made no later than 30 days after the Regional Water Board, or its delegate, signs this Stipulated Order. All payments associated with the SEP shall be sent to the San Francisco Estuary Institute in the form of a single check payable to the “Regional Monitoring Program,” reference the Order number on page one of this Stipulated Order, and mailed to: Regional Monitoring Program c/o San Francisco Estuary Institute, 0000 Xxxxxxx Xxxxxx, Xxxxxxxx, XX 00000. A copy of the check shall be sent to the Office of Enforcement and the Regional Water Board at the e-mail addresses set forth above.

Administrative Civil Liability. The Settling Respondent xxxxxx Discharger hereby agrees to the imposition of an administrative civil liability totaling Administrative Civil Liability (ACL) in the amount of one hundred eleven thousand eight hundred and fourteen dollars ($465,500 111,814) to resolve the violations alleged violations as follows:in Attachment A to this Order. a. To resolve the alleged discretionary violations The Discharger agrees to pay ten thousand nine hundred and eighteen dollars ($10,918) as described in Section II, paragraph 20 and Attachment A, no later than 30 days after reimbursement of the Regional Board’s investigative and enforcement costs, to the State Water Board, or its delegate, signs ’s Cleanup and Abatement Account and shall indicate this Stipulated Order, the Settling Respondent shall submit a check for $141,250 made payable to the “Waste Discharge Permit Fund,” reference the Order number on page one the check. The check shall be submitted within 30 days of execution of this Stipulated OrderOrder by the Regional Board or its designee. The Discharger shall send the original check referencing this Order number to the following address: Division of Administrative Services ATTN: Accounting, and mailed to: State Water Resources Control Board Accounting Office Attn: ACL Payment P.O. Box 1888 0000 X Xxxxxx 00xx Xxxxx Sacramento, CA 95812-1888 California 95814 The Settling Respondent Discharger shall provide a copy of the check via e-mail email to the State Water Resources Control Board, Office of Enforcement (Xxxxx.Xxxxxx@xxxxxxxxxxx.xx.xxx) and the Regional Water Board (Xxxxx.Xxxxx@xxxxxxxxxxx.xx.xxxXxxxx.Xxx@xxxxxxxxxxx.xx.xxx). b. To resolve The State Water Board’s May 3, 2018 Policy on Supplemental Environmental Projects (SEP Policy), section VIII.B. provides: The Director of OE may approve a proposed settlement to fund a SEP in an amount greater than 50 percent of the alleged MMPs total adjusted monetary assessment in cases where the SEP is located in or benefits a disadvantaged community, an environmental justice community, a community that has a financial hardship, or where the SEP substantially furthers the human right to water. Pursuant to the Director of OE’s April 30, 2021 memorandum on approving disadvantaged community and environmental justice SEPs greater than 50 percent of the total adjusted monetary assessment (SEP Memo), more than 50 percent to the total adjusted monetary assessment may be dedicated to the SEPs because they are located in and/or benefit a disadvantaged community as described shown in Section II, paragraph 21 and Attachment B, no herein incorporated by reference. The Prosecution Team provided written notification of the SEPs to the Director of OE and obtained approval for the SEPs to exceed 50 percent of administrative civil liability. Therefore, one hundred thousand eight hundred and ninety-six dollars ($100,896) of the administrative civil liability is directed to the SEPs identified in paragraph 24.c. below. c. The Parties agree that one hundred thousand eight hundred and ninety-six dollars ($100,896) (SEP Amount) of the administrative civil liability shall be paid to the Rose Foundation for Communities and the Environment (Rose Foundation) for implementation of the Newhall Creek Community Watershed Education and Restoration SEP described in Attachment B. d. The Santa Clarita Organization for Planning and the Environment shall be referred to as the SEP Implementing Party. e. No later than 30 days after the Regional Water Board, or its delegatedelegee, signs this Stipulated Order, the Settling Respondent Discharger shall submit a check for one hundred thousand eight hundred and ninety-six dollars ($84,000 100,896) to the Rose Foundation. The check shall be made payable to the “State Water Pollution Cleanup Rose Foundation for Communities and Abatement Account,” the Environment”, reference the Order number on page one of this Stipulated Order, and be mailed to: State Water Resources Control Board Accounting Office Rose Foundation for Communities and the Environment Attn: ACL Payment P.O. Box 1888 SacramentoXxx Xxxxxx 000 0xx Xxxxxx, CA 95812-1888 Xxxxx 000 Oakland, California 94607 The Settling Respondent Discharger shall provide a copy of the check via e-mail email to the State Water Board, Office of Enforcement (Xxxxx.Xxxxxx@xxxxxxxxxxx.xx.xxx) and the Regional Water Board at the e-mail addresses set forth above(Xxxxx.Xxx@xxxxxxxxxxx.xx.xxx). c. The Settling Respondent agrees that $240,250, consisting of half of the discretionary penalty amount ($141,250) and $84,000 related to the MMPs per Water Code section 13385, subdivision (l) (i.e., $15,000 + ($183,000- $15,000)/2 = $84,000), of the administrative liability amount shall be paid to the Regional Monitoring Program care of the San Francisco Estuary Institute for implementation of a Supplemental Environmental Project (SEP) as follows: i. $240,250 (SEP Amount) shall be paid solely for use towards the Supplemental Environmental Project (SEP) Fund for the San Francisco Bay Regional Monitoring Program. Funding this project will include a study related to hydrodynamic and water quality model calibration and application in San Francisco Bay and Lower South Bay. A complete description of this project is provided in Attachment C, incorporated herein by reference. ii. Settling Respondent shall not be liable for administrative and oversights costs associated with the specific project described above. iii. Payment shall be made no later than 30 days after the Regional Water Board, or its delegate, signs this Stipulated Order. All payments associated with the SEP shall be sent to the San Francisco Estuary Institute in the form of a single check payable to the “Regional Monitoring Program,” reference the Order number on page one of this Stipulated Order, and mailed to: Regional Monitoring Program c/o San Francisco Estuary Institute, 0000 Xxxxxxx Xxxxxx, Xxxxxxxx, XX 00000. A copy of the check shall be sent to the Office of Enforcement and the Regional Water Board at the e-mail addresses set forth above.

Administrative Civil Liability. The Settling Respondent xxxxxx Discharger hereby agrees to the imposition of an administrative civil liability totaling in the amount of two hundred one thousand dollars ($465,500 201,000) to resolve the violations specifically alleged violations in this Stipulated Order as follows: a. To resolve the alleged discretionary violations as described in Section II, paragraph 20 and Attachment A, no No later than 30 days after the Regional Water Board, Board or its delegate, delegee signs this Stipulated Order, the Settling Respondent Discharger shall submit a check for thirty­nine thousand dollars ($141,250 made payable to the “Waste Discharge Permit Fund,” reference the Order number on page one of this Stipulated Order, and mailed to: State Water Resources Control Board Accounting Office Attn: ACL Payment P.O. Box 1888 Sacramento, CA 95812-1888 The Settling Respondent shall provide a copy of the check via e-mail 39,000) to the State Water Resources Control Board, Office of Enforcement (Xxxxx.Xxxxxx@xxxxxxxxxxx.xx.xxx) and the Regional Water Board (Xxxxx.Xxxxx@xxxxxxxxxxx.xx.xxx). b. To resolve the alleged MMPs as described in Section II, paragraph 21 and Attachment B, no later than 30 days after the Regional State Water Board, or its delegate, signs this Stipulated Order, the Settling Respondent ). The check shall submit a check for $84,000 be made payable to the “State Water Pollution Cleanup and Abatement Account,” reference the Order number on page one of this Stipulated Order, and be mailed to: State Water Resources Control Board Division of Administrative Services, Accounting Office Branch Attn: ACL Payment PAYMENT P.O. Box 1888 Sacramento, CA 95812-1888 California 95812­1888 The Settling Respondent Discharger shall provide a copy of the check via e-mail email to the State Water Board, Office of Enforcement (Xxxxx.Xx@xxxxxxxxxxx.xx.xxx) and the Regional Water Board at (Xxxx.Xxxxxxxx@xxxxxxxxxxx.xx.xxx). b. The State Water Board’s May 3, 2018 Policy on Supplemental Environmental Projects (SEP Policy) section VIII.B provides: Unless otherwise permitted by statute or approved by the eDirector of [the Office of Enforcement (OE)] based on a finding of compelling justification due to exceptional circumstances . . . no settlements shall be approved by the Water Boards that fund a SEP in an amount greater than 50 percent of the total adjusted monetary assessment against the settling party. The total adjusted monetary assessment is the total amount assessed, exclusive of a Water Board’s investigative and enforcement costs. The Director of OE may approve a proposed settlement to fund a SEP in an amount greater than 50 percent of the total adjusted monetary assessment in cases where the SEP is located in or benefits a disadvantaged community, an environmental justice community, a community that has a financial hardship, or where the SEP substantially furthers the human right to water. Pursuant to the Director of OE’s April 30, 2021 (revised August 8, 2023) memorandum on approving disadvantaged community and environmental justice SEPs greater than 50 percent of the total monetary assessment, more than 50 percent of the total monetary assessment here may be dedicated to the SEPs described in Attachments B and C because the SEPs are located in and/or benefits a disadvantaged community. The Prosecution Team provided written notification of the SEPs to the Director of OE and obtained approval for the SEPs to exceed 50 percent of the administrative civil liability. Therefore, the remaining administrative civil liability amount of one hundred sixty-mail addresses set forth abovetwo thousand dollars ($162,000) is directed to the SEPs identified in Paragraph 9.c below. c. The Settling Respondent agrees Parties agree that $240,250, consisting of half of the discretionary penalty amount remaining one hundred sixty­two thousand dollars ($141,250) and $84,000 related to the MMPs per Water Code section 13385, subdivision (l162,000) (i.e., $15,000 + ($183,000- $15,000)/2 = $84,000), SEP Amount) of the administrative civil liability amount shall be paid to the Regional Monitoring Program care of Rose Foundation for Communities and the San Francisco Estuary Institute Environment (Rose Foundation) for implementation of a Supplemental Environmental Project (SEP) two SEPs as follows: i. The Parties agree that one hundred thousand dollars ($240,250 (SEP Amount100,000) shall be paid solely to the Rose Foundation for use towards the Supplemental Environmental Project (SEP) Fund for implementation of the San Francisco Bay Regional Monitoring Program. Funding this project will include a study related to hydrodynamic Xxxxxxx Valley Conservation Corps’ (SGVCC) Sante Fe Dam-San Gabriel River Bike Trail: Trash Reduction and water quality model calibration and application in San Francisco Bay and Lower South Bay. A complete description of this project is provided Education Program SEP described in Attachment C, incorporated herein by reference.B. ii. Settling Respondent The Parties agree that sixty­two thousand dollars ($62,000) shall not be liable paid to the Rose Foundation for administrative implementation of Heal the Bay’s Recreational Water Quality Monitoring and oversights costs associated with the specific project Outreach Project SEP described above.in Attachment C. iii. Payment SGVCC and Heal the Bay shall be made no referred to as the SEP Implementing Party, respectively, and as SEP Implementing Parties, collectively. iv. No later than 30 days after the Regional Water Board, or its delegatedelegee, signs this Stipulated Order, the Discharger shall submit a check for one hundred sixty­two thousand dollars ($162,000) to the Rose Foundation. All payments associated with the SEP The check shall be sent to the San Francisco Estuary Institute in the form of a single check made payable to the “Regional Monitoring Program,” Rose Foundation for Communities and the Environment”, reference the Order number on the page one of this Stipulated Order, and be mailed to: Regional Monitoring Program c/o San Francisco Estuary Institute, 0000 Xxxxxxx Rose Foundation for Communities and the Environment Attn: Xxxxxx Xxxxx and Xxxxxx Xxxxxx 000 0xx Xxxxxx, XxxxxxxxXxxxx 000 Oakland, XX 00000. A California 94607 The Discharger shall provide a copy of the check shall be sent via email to the State Water Board, Office of Enforcement (Xxxxx.Xx@xxxxxxxxxxx.xx.xxx) and the Regional Water Board at the e-mail addresses set forth above(Xxxx.Xxxxxxxx@xxxxxxxxxxx.xx.xxx).