Failure to Complete the SEP. If the SEP is not fully implemented within the SEP Completion Period required by this Stipulation or there has been a material failure to satisfy a milestone requirement set forth in Exhibits C and D, Regional Water Board enforcement staff shall issue a Notice of Violation. As a consequence, the Discharger shall be liable to pay the entire Suspended Administrative Civil Liability or some portion thereof less the value of the completion of any milestone requirements. Unless otherwise ordered, the Discharger shall not be entitled to any credit, offset, or reimbursement from the Regional Water Board for expenditures made on the SEP prior to the date of the “Notice of Violation” by the Regional Water Board. The amount of the suspended liability owed shall be determined by the Executive Officer or the Executive Officer’s delegate. Upon notification of the amount assessed for failure to fully impellent the SEP, the amount assessed shall be paid to the Cleanup and Abatement Account within thirty days. In addition, the Discharger shall be liable for the Regional Water Board’s reasonable costs of enforcement, including but not limited to legal costs and expert witness fees. Payment of the assessed amount will satisfy the Discharger’s obligations to implement the SEP.
Failure to Complete the SEP. If SEP 1 and SEP 2 are not fully implemented by the SEP Completion Dates, or if there has been a material failure to satisfy a project milestone, a “Notice of Violation” will be issued. As a consequence, the Discharger shall be liable to pay the entire SEP Amount, less any amount that has been permanently suspended or excused based on the timely and successful completion of any interim project milestone that has an identifiable and stand-alone environmental benefit. 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 SEPs prior to the Notice of Violation’s issuance date. The amount of the suspended liability owed shall be determined via a written, stipulated agreement between the Parties or, if the Parties cannot reach an agreement on the amount owed, via a “Motion for Payment of Suspended Liability” before the Regional Water Board or its delegate. Within 30 days of the Regional Water Board’s or its delegate’s determination of the suspended liability assessed, the Discharger shall pay the amount owed to the “State Water Pollution Cleanup and Abatement Account.” The Discharger shall submit payment consistent with the payment method described in Section III, paragraph 22. Payment of the assessed amount shall satisfy the Discharger’s obligations to implement the SEPs.
Failure to Complete the SEP. If the Calas Park Stormwater SEP is not fully implemented by the SEP Completion Date listed in Attachment B, or if there has been a material failure to satisfy a project milestone necessary to implement the Calas Park Stormwater SEP, the Executive Officer shall issue a “Notice of Failure to Complete SEP”. The amount of suspended liability owed shall be determined via a Motion for Payment of Suspended Liability before the Los Angeles Water Board or its delegee. The Discharger shall be liable to pay the entire SEP Amount, or, if shown by the Discharger, some portion thereof less the value of any completed milestones as stipulated to by the Parties in writing, or as determined by the Motion for Payment of Suspended Liability. Unless the Los Angeles Water Board or its delegee determines otherwise, the Discharger shall not be entitled to any credit, offset, or reimbursement from the Los Angeles Water Board for expenditures made on the Calas Park Stormwater SEP prior to the issuance date of the Notice. Within thirty (30) days of the Los Angeles Water Board’s or its delegee’s determination of the suspended liability amount assessed for the Discharger to pay, the Discharger shall submit payment consistent with the payment method described in Section III, paragraph 2.a., above. Payment of the assessed amount shall satisfy the Discharger’s obligations to implement the Calas Park Stormwater SEP.
Failure to Complete the SEP. If the SEP is not fully implemented by July 15, 2021, or by the due date if 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 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 shall be liable to pay the entire SEP Amount, or, if shown by the Discharger, some portion thereof less the value of any completed milestones as stipulated to by the Parties in writing or as 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 SEP prior to 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 Discharger to pay, the Discharger shall submit payment consistent with the payment method described in section III, paragraph 1.a. Payment of the assessed amount shall satisfy the Discharger’s obligations to implement the SEP.
Failure to Complete the SEP. If the SEP is not fully implemented by the SEP Completion Deadline required by this Stipulated Order, the designated Central Valley Water Board contact shall issue a Notice of Violation. As a consequence, the Discharger shall be liable to pay the entire Suspended Liability or some portion thereof.
Failure to Complete the SEP. If the SEP is not fully implemented within the SEP time schedule required by this Order, or there has been a material failure to satisfy a milestone requirement, CDFW shall be liable to pay the entire suspended amount of $120,000, or some portion thereof less the value of the completion of any milestone requirement. Unless otherwise ordered, CDFW shall not be entitled to any credit, offset, or reimbursement from the Lahontan Water Board for expenditures made on the SEP prior to the failure to complete the SEP. Upon a determination by the Executive Officer that an amount of the suspended liability is due, the amount owed shall be paid to the State Water Resources Control Board Cleanup and Abatement Account after service of the Executive Officer’s determination. Payment of the assessed amount shall satisfy the City’s obligations to implement the SEP in its entirety.
Failure to Complete the SEP. If the SEP is not fully implemented within the SEP Completion Period (as defined in Paragraph 6) required by this Stipulation, the Designated Regional Water Board Representative shall issue a Notice of Violation. As a consequence, the Discharger shall be liable to pay the entire Suspended Liability or, some portion thereof, or the Discharger and/or Implementing Party may be compelled to complete the SEP.
Failure to Complete the SEP. If the SEP is not fully implemented by the SEP Completion Date listed in Attachment B, or if there has been a material failure to satisfy a project milestone, the Executive Officer shall issue a “Notice of Failure to Complete SEP.” The amount of suspended liability owed shall be determined via a Motion for Payment of Suspended Liability before the Regional Water Board or its delegee. The Discharger shall be liable to pay the entire SEP Amount, or if shown by the Discharger, some potion thereof less the value of any completed milestones as stipulated to by the Parties in writing, or as determined by the Motion for Payment of Suspended Liability. Unless the Regional Water Board or its delegee determines otherwise, the Discharger shall not be entitled to any credit, offset, or reimbursement from the Regional Water Board for expenditures made on the SEP prior to the issuance date of the notice. Within 30 days of the Regional Water Board’s or its delegee’s determination of the suspended liability amount assessed for the Discharger to pay, the Discharger shall submit payment consistent with the payment method described in Paragraph 21. Payment of the assessed amount shall satisfy the Discharger’s obligations to implement the SEP.
Failure to Complete the SEP. If the SEP is not fully implemented by the SEP Completion Date required by this Stipulated Order, the Central Valley Water Board Executive Officer shall issue a Notice of Violation. As a consequence, Caltrans shall be liable to pay the entire Suspended Liability or, if shown by Caltrans, some portion thereof less the value of the completion of any milestone requirements as determined by the Motion for Payment of Suspended Liability, as described below, or as agreed in writing by the Parties. Unless otherwise agreed or determined by a Motion for Payment of Suspended Liability, Caltrans shall not be entitled to any credit, offset, or reimbursement from the Central Valley Water Board for expenditures made on the SEP prior to the date of receipt of the Notice of Violation. The amount of the Suspended Liability owed shall be determined by agreement of the Parties or, if the Parties cannot reach agreement, via a “Motion for Payment of Suspended Liability” before the Central Valley Water Board, or its delegee. Upon a determination by the Central Valley Water Board, or its delegee, of the amount of the Suspended Liability assessed, the amount shall be paid to the State Water Board Cleanup and Abatement Account within thirty (30) days after the service of the Central Valley Water Board’s determination. In addition, Caltrans shall be liable for the Central Valley Water Board’s reasonable costs of enforcement, including but not limited to reasonable legal costs and reasonable expert witness fees. Payment of the assessed amount will satisfy Caltrans’ obligations to implement the SEP. In the event that payment is due pursuant to this Paragraph, Caltrans shall send the original signed check to the State Water Resources Control Board Accounting Office, Attn: ACL Payment/SEP Failure, P.O. Box 1888, Sacramento, CA 95812-1888. Copies of the check shall be sent to Xxxxx Xxxxxx, Assistant Chief Counsel, State Water Resources Control Board, Office of Enforcement, P.O. Box 100, Sacramento, CA 95812 and Xxxxx Xxxxx, Supervisor, Compliance and Enforcement Section, Regional Water Quality Control Board, Central Valley Region, 00000 Xxx Xxxxxx Xxxxx, Xxxxx 000, Xxxxxx Xxxxxxx, XX 00000.
Failure to Complete the SEP. Except as provided for in paragraph 22, if the SEP as described in this Order is determined to be infeasible, or if the Discharger fails to complete the SEP by the SEP Completion Date, the Regional Water Board will issue a Notice of Violation (NOV). As a consequence, the Discharger shall be liable to pay the State Water Pollution Cleanup and Abatement Account the Suspended Liability within 30 days of receipt of the NOV.
