Common use of Description of the Compliance Project Clause in Contracts

Description of the Compliance Project. The Compliance Project consists of wastewater treatment plant modification tasks to improve effluent water quality and minimize violations associated with treated effluent discharge. The Discharger proposes to enhance and modify the Facility’s chemical delivery system for pH adjustment and develop a standard operating procedure (SOP) for periodic aeration basin cleaning. Additional information regarding the Compliance Project is found in Attachment B. 20. Representations and Agreements of the Discharger to Implement and Complete, Report, and Guarantee Implementation of the Compliance Project: The Discharger understands that its promise to implement the Compliance Project, in its entirety and in accordance with the schedule for implementation, is a material condition of this settlement of liability between the Discharger and the Central Valley Water Board Prosecution Team. As a material consideration for the Central Valley Water Board’s acceptance of this Stipulated Order, the Discharger represents and agrees that, in accordance with Water Code section 13385, subdivision (k)(1): a. The Compliance Project is designed to correct the violations within five years. b. The Compliance Project is in accordance with the enforcement policy of the State Board. i. The Discharger will implement and complete the Compliance Project as described in Attachment B to this Order; ii. The Discharger will provide certifications and written reports to the Central Valley Water Board contact consistent with the terms of this Stipulated Order; iii. The Discharger will guarantee implementation of the Compliance Project identified in Attachment B to this Order by remaining liable for the ACL of seventy-five thousand dollars ($75,000) until the Compliance Project is completed and accepted by the Central Valley Water Board in accordance with the terms of this Stipulated Order; iv. As described in Attachment B, the Compliance Project is expected to cost more than the ACL of seventy-five thousand dollars ($75,000). The Discharger is required to implement and complete the Compliance Project regardless of whether it costs more than the ACL. Should the final Compliance Project costs exceed the ACL, only seventy-five thousand dollars ($75,000) will be suspended in accordance with the terms of this Stipulated Order. Unless otherwise mutually agreed upon by the Parties in a subsequent order, additional costs incurred above the ACL to implement and complete the Compliance Project will not be credited to or applied to liabilities for any effluent limitation violations that occur after 30 September 2023. v. The Discharger agrees that the Central Valley Water Board has the right to require a third-party audit of the funds expended by it to implement the Compliance Project; and vi. The Discharger shall permit inspection of the Compliance Project by Central Valley Water Board staff during normal business hours, at any location where the Compliance Project is being implemented, as well as review of any documents associated with implementation of the Compliance Project, at any time without notice. c. The Discharger has prepared a financing plan to complete the Compliance Project.

Description of the Compliance Project. The Compliance Project consists of several wastewater treatment plant modification modifications and optimization tasks to improve effluent water quality and minimize violations associated with treated effluent discharge. The Discharger proposes to enhance components of the modifications and modify the Facility’s chemical delivery system optimization are: · Mechanical Clarifier Xxxx Washers; · Activated Sludge Blower Pipe Repairs; · Filtration Process Flow Modulation/Equalization Basin Repairs; · Engineering Consulting for pH adjustment Treatment Process Optimization; and develop a standard operating procedure (SOP) for periodic aeration basin cleaning· Sludge Wasting Day Tank. Additional information regarding the Compliance Project is found in Attachment B. 20. Representations and Agreements of the Discharger to Implement and Complete, Report, and Guarantee Implementation of the Compliance Project: The Discharger understands that its promise to implement the Compliance Project, in its entirety and in accordance with the schedule for implementation, is a material condition of this settlement of liability between the Discharger and the Central Valley Water Board Prosecution Team. As a material consideration for the Central Valley Water Board’s acceptance of this Stipulated Order, the Discharger represents and agrees that, in accordance with Water Code section 13385, subdivision (k)(1): a. The Compliance Project is designed to correct the violations within five years. b. The Compliance Project is in accordance with the enforcement policy of the State Boardstate board. i. The Discharger will implement and complete the Compliance Project as described in Attachment B to this Order; ii. The Discharger will provide certifications and written reports to the Central Valley Water Board contact consistent with the terms of this Stipulated Order; iii. The Discharger will guarantee implementation of the Compliance Project identified in Attachment B to this Order by remaining liable for the ACL of seventyone hundred forty-five seven thousand dollars ($75,000147,000) until the Compliance Project is completed and accepted by the Central Valley Water Board in accordance with the terms of this Stipulated Order; iv. As described in Attachment B, the Compliance Project is expected to cost more than the ACL of seventy-five thousand dollars ($75,000). The Discharger is required to implement and complete the Compliance Project regardless of whether it costs more than the ACL. Should the final Compliance Project costs exceed the ACL, only seventy-five thousand dollars ($75,000) will be suspended in accordance with the terms of this Stipulated Order. Unless otherwise mutually agreed upon by the Parties in a subsequent order, additional costs incurred above the ACL to implement and complete the Compliance Project will not be credited to or applied to liabilities for any effluent limitation violations that occur after 30 September 2023. v. The Discharger agrees that the Central Valley Water Board has the right to require a third-party audit of the funds expended by it to implement the Compliance Project; and vi. v. The Discharger shall permit inspection of the Compliance Project by Central Valley Water Board staff during normal business hours, at any location where the Compliance Project is being implemented, as well as review of any documents associated with implementation of the Compliance Project, at any time without notice. c. The Discharger has prepared a financing plan to complete the Compliance Project.

Description of the Compliance Project. The Compliance Project consists of wastewater treatment plant modification modifications and optimization tasks to improve effluent water quality and minimize violations associated with treated effluent discharge. The Discharger proposes to enhance components of the modifications and modify the Facility’s chemical delivery system for pH adjustment optimization are: • Acquire Aeration Basin Maintenance Pontoon; • Refurbish and develop a standard operating procedure (SOP) for periodic aeration basin cleaningAdd Diffuser Tubes. Additional information regarding the Compliance Project is found in Attachment B. 20. Representations and Agreements of the Discharger to Implement and Complete, Report, and Guarantee Implementation of the Compliance Project: The Discharger understands that its promise to implement the Compliance Project, in its entirety and in accordance with the schedule for implementation, is a material condition of this settlement of liability between the Discharger and the Central Valley Water Board Prosecution Team. As a material consideration for the Central Valley Water Board’s acceptance of this Stipulated Order, the Discharger represents and agrees that, in accordance with Water Code section 13385, subdivision (k)(1): a. The Compliance Project is designed to correct the violations within five years. b. The Compliance Project is in accordance with the enforcement policy of the State Boardstate board. i. The Discharger will implement and complete the Compliance Project as described in Attachment B to this Order; ii. The Discharger will provide certifications and written reports to the Central Valley Water Board contact consistent with the terms of this Stipulated Order; iii. The Discharger will guarantee implementation of the Compliance Project identified in Attachment B to this Order by remaining liable for the ACL of seventy-five three thousand dollars ($75,0003,000) until the Compliance Project is completed and accepted by the Central Valley Water Board in accordance with the terms of this Stipulated Order; iv. As described in Attachment B, the Compliance Project is expected to cost more than the ACL of seventy-five thousand dollars ($75,000). The Discharger is required to implement and complete the Compliance Project regardless of whether it costs more than the ACL. Should the final Compliance Project costs exceed the ACL, only seventy-five thousand dollars ($75,000) will be suspended in accordance with the terms of this Stipulated Order. Unless otherwise mutually agreed upon by the Parties in a subsequent order, additional costs incurred above the ACL to implement and complete the Compliance Project will not be credited to or applied to liabilities for any effluent limitation violations that occur after 30 September 2023. v. The Discharger agrees that the Central Valley Water Board has the right to require a third-party audit of the funds expended by it to implement the Compliance Project; and vi. v. The Discharger shall permit inspection of the Compliance Project by Central Valley Water Board staff during normal business hours, at any location where the Compliance Project is being implemented, as well as review of any documents associated with implementation of the Compliance Project, at any time without notice. c. The Discharger has prepared a financing plan to complete the Compliance Project.