Failure to Complete ECA. If the ECA is not fully implemented by December 31, 2019, or by the due date extended pursuant to Section III, paragraph 7, or if there has been a material failure to satisfy a project milestone, the Executive Officer shall issue a Notice of Violation. The amount of suspended liability owed shall be determined via a Motion for Payment of Suspended Liability before the Regional Water Board or its delegate. The District shall be liable to pay the entire ECA Amount, some portion thereof less the value of any completed milestones (if shown by the District) as stipulated to by the Parties in writing, or an amount determined by the Motion for Payment of Suspended Liability. Unless the Regional Water Board or its delegate determines otherwise, the District shall not be entitled to any credit, offset, or reimbursement from the Regional Water Board for expenditures made on the ECA prior to the issuance date of the Notice of Violation. Within 30 days of the Regional Water Board’s or its delegate’s determination of the suspended liability amount to be assessed, the District shall submit payment consistent with the payment method described in Section III, paragraph 1. Payment of the assessed amount shall satisfy the District’s obligations to implement the ECA.
Appears in 2 contracts
Samples: Settlement Agreement, Settlement Agreement
Failure to Complete ECA. If the ECA is not fully implemented by December 31September 30, 20192020, or by the due date extended pursuant to Section III, paragraph 7, or if there has been a material failure to satisfy a project milestone, the Executive Officer shall issue a Notice of Violation. The amount of suspended liability owed shall be determined via a Motion for Payment of Suspended Liability before the Regional Water Board or its delegate. The District Discharger shall be liable to pay the entire ECA Amount, some portion thereof less the value of any completed milestones (if shown by the DistrictDischarger) as stipulated to by the Parties in writing, or an amount determined by the Motion for Payment of Suspended Liability. Unless the Regional Water Board or its delegate determines otherwise, the District Discharger shall not be entitled to any credit, offset, or reimbursement from the Regional Water Board for expenditures made on the ECA prior to the issuance date of the Notice of Violation. Within 30 days of the Regional Water Board’s 's or its delegate’s 's determination of the suspended liability amount to be assessed, the District Discharger shall submit payment consistent with the payment method described in Section III, paragraph 1. Payment of the assessed amount shall satisfy the District’s Discharger's obligations to implement the ECA.
Appears in 1 contract
Samples: Settlement Agreement and Stipulation for Entry of Administrative Civil Liability Order
Failure to Complete ECA. If the ECA is not fully implemented by December 31September 30, 20192020, or by the due date extended pursuant to Section III, paragraph 7, or if there has been a material failure to satisfy a project milestone, the Executive Officer shall issue a Notice of Violation. The amount of suspended liability owed shall be determined via a Motion for Payment of Suspended Liability before the Regional Water Board or its delegate. The District Discharger shall be liable to pay the entire ECA Amount, some portion thereof less the value of any completed milestones (if shown by the DistrictDischarger) as stipulated to by the Parties in writing, or an amount determined by the Motion for Payment of Suspended Liability. Unless the Regional Water Board or its delegate determines otherwise, the District Discharger shall not be entitled to any credit, offset, or reimbursement from the Regional Water Board for expenditures made on the ECA prior to the issuance date of the Notice of Violation. Within 30 days of the Regional Water Board’s or its delegate’s determination of the suspended liability amount to be assessed, the District Discharger shall submit payment consistent with the payment method described in Section III, paragraph 1. Payment of the assessed amount shall satisfy the DistrictDischarger’s obligations to implement the ECA.
Appears in 1 contract
Samples: Settlement Agreement