Common use of Failure to Complete the SEP Clause in Contracts

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 the SEP is not fully implemented within by the SEP Completion Period required by this Stipulation Date, or if there has been a material failure to satisfy a milestone requirement set forth in Exhibits C and Dproject milestone, Regional Water Board enforcement staff the Executive Officer shall issue a Notice of Violation. As The amount of suspended liability owed shall be determined via a consequence, Motion for Payment of Suspended Liability before the Regional Water Board or its delegate. The Discharger shall be liable to pay the entire Suspended Administrative Civil Liability or SEP Amount, or, if shown by the Discharger, some portion thereof less the value of any completed milestones as stipulated to by the completion Parties in writing, or as determined by the Motion for Payment of any milestone requirementsSuspended Liability. Unless otherwise orderedthe 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 date of the “Notice of Violation” by the Regional Water Board’s issuance date. The amount Within 30 days 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 or its delegate’s determination of enforcementthe suspended liability amount assessed for the Discharger to pay, including but not limited to legal costs and expert witness feesthe Discharger shall submit payment consistent with the payment method described in Section III, paragraph 1. Payment of the assessed amount will shall satisfy the Discharger’s obligations to implement the SEP.

Failure to Complete the SEP. If the a SEP is not fully implemented within by the SEP Completion Period required by this Stipulation Dates listed in Attachments B and C, or if there has been a material failure to satisfy a milestone requirement set forth in Exhibits C and Dproject 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 enforcement staff shall issue a Notice of Violationor its delegee. As a consequence, the The Discharger shall be liable to pay the entire Suspended Administrative Civil Liability SEP Amount, or if shown by the Discharger, some portion potion thereof less the value of any completed milestones as stipulated to by the completion Parties in writing, or as determined by the Motion for Payment of any milestone requirementsSuspended Liability. Unless otherwise orderedthe 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 notice. Within 30 days 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 or its delegee’s determination of enforcementthe suspended liability amount assessed for the Discharger to pay, including but not limited to legal costs and expert witness feesthe Discharger shall submit payment consistent with the payment method described in Paragraph 9.a. Payment of the assessed amount will shall satisfy the Discharger’s obligations to implement the SEP.

Failure to Complete the SEP. If the either SEP is not fully implemented within the SEP Completion Period required by this Stipulation Stipulated Order or there has been a material failure to satisfy a milestone requirement set forth in Exhibits C and DMilestone Requirement, Regional Water Board enforcement staff shall issue a Notice of Violation. As a consequence, the Discharger Settling Respondent shall be liable to pay the entire Suspended Administrative Civil Liability or some portion thereof less the value of the completion of any milestone requirementsMilestone Requirements. Unless otherwise ordered, the Discharger Settling Respondent shall not be entitled to any credit, offset, or reimbursement from the Regional Water Board for expenditures made on the SEP SEP(s) 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 SEPSEP(s), the amount assessed shall be paid to the Cleanup and Abatement Account within thirty days. In addition, the Discharger Settling Respondent 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 DischargerSettling Respondent’s obligations to implement the SEPSEP(s).

Failure to Complete the SEP. If the SEP is not fully implemented within by the SEP Completion Period required by this Stipulation Date listed in Attachment B, or if there has been a material failure to satisfy a milestone requirement set forth in Exhibits C and Dproject 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 enforcement staff shall issue a Notice of Violationor its delegee. As a consequence, the Discharger Lehigh shall be liable to pay the entire Suspended Administrative Civil Liability or SEP Amount ($300,000), or, if shown by Lehigh, some portion thereof less the value of any completed milestones as stipulated to by the completion Parties in writing, or as determined by the Motion for Payment of any milestone requirementsSuspended Liability. Unless otherwise orderedthe Regional Water Board or its delegee determines otherwise, the Discharger Lehigh 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 Notice. Within 30 days 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 or its delegee’s determination of enforcementthe suspended liability amount assessed for Lehigh, including but not limited to legal costs and expert witness feesit shall submit payment consistent with the payment method described in paragraph 8, above. Payment of the assessed amount will shall satisfy the DischargerLehigh’s obligations to implement the SEP.