Common use of Failure to Complete ECA Clause in Contracts

Failure to Complete ECA. If the ECA is not fully implemented by September 30, 2020, 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 Discharger shall be liable to pay the entire ECA Amount, some portion thereof less the value of any completed milestones (if shown by the Discharger) 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 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 Discharger shall submit payment consistent with the payment method described in Section III, paragraph 1. Payment of the assessed amount shall satisfy the Discharger’s obligations to implement the ECA.

Failure to Complete ECA. If the ECA is not fully implemented by September 30March 31, 2020, or by the due date if extended pursuant to Section III, paragraph 723, 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 by a written, stipulated agreement of the Parties, or, if the Parties cannot reach agreement, via a Motion for Payment of Suspended Liability before the Regional Water Board or its delegate. The Discharger Settling Respondent shall be liable to pay the entire ECA Amount, some portion thereof less the value of any completed milestones (if shown by the DischargerSettling Respondent) 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 Discharger Settling Respondent 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’s issuance date. Within 30 days of the Regional Water Board’s or its delegate’s determination of the suspended liability amount assessed for the Settling Respondent to be assessedpay, the Discharger Settling Respondent shall submit payment consistent with the payment method described in Section III, paragraph 117. Payment of the assessed amount shall satisfy the DischargerSettling Respondent’s obligations to implement the ECA.

Failure to Complete ECA. If the ECA is not fully implemented by September 30, 2020within eleven (11) months of the ECA Effective Date, or by the due date if extended pursuant to Section section III, paragraph 725, or if there has been a material failure to satisfy a project milestone, the Central Valley Water Board’s Executive Officer shall issue a Notice of Violation. The amount of suspended liability owed shall be determined by a written, stipulated agreement of the Parties, or, if the Parties cannot reach agreement, via a Motion for Payment of Suspended Liability before the Regional Central Valley Water Board or its delegatedelegee. The Discharger Settling Respondent shall be liable to pay the entire ECA Amount, some portion thereof less the value of any completed milestones (if shown by the DischargerSettling Respondent) as stipulated to by the Parties in writing, or an amount determined by the Motion for Payment of Suspended Liability. Unless the Regional Central Valley Water Board or its delegate determines otherwise, the Discharger Settling Respondent shall not be entitled to any credit, offset, or reimbursement from the Regional Central Valley Water Board for expenditures made on the ECA prior to the issuance date of the Notice of Violation’s issuance date. Within 30 days of the Regional Central Valley Water Board’s or its delegatedelegee’s determination of the suspended liability amount assessed for the Settling Respondent to be assessedpay, the Discharger Settling Respondent shall submit payment consistent with the payment method described in Section section III, paragraph 119(a). Payment of the assessed amount shall satisfy the DischargerSettling Respondent’s obligations to implement the ECA.