Common use of Failure to Complete the SEP Clause in Contracts

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 Calas Park Stormwater Trout Creek SEP (including construction of Reach 1, Segment A) 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 SEPmilestone, 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 Lahontan Water Board or its delegee. The Discharger Dischargers shall be liable to pay the entire SEP Amount, or, if shown by the DischargerDischargers, 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 Lahontan Water Board or its delegee determines otherwise, the Discharger Dischargers shall not be entitled to any credit, offset, or reimbursement from the Los Angeles Lahontan Water Board for expenditures made on the Calas Park Stormwater Trout Creek SEP prior to the issuance date of the Notice. Within thirty (30) 30 days of the Los Angeles Lahontan Water Board’s or its delegee’s determination of the suspended liability amount assessed for the Discharger Dischargers to pay, the Discharger Dischargers 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 Dischargers’ obligations to implement the Calas Park Stormwater Trout Creek SEP.

Failure to Complete the SEP. If the Calas Park Stormwater SEP Completion Final Report is not fully implemented completed by the SEP Completion Date listed in Attachment BDate, unless extended pursuant to Paragraph 14.D., or if there has been a material failure by the Discharger to satisfy a project milestone necessary to implement the Calas Park Stormwater SEPmilestone, the Executive Officer shall issue to the Discharger 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 Regional Water Board or its delegeedelegate. 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 Regional Water Board or its delegee determines otherwise, the Discharger shall not be entitled to any credit, offset, or reimbursement from the Los Angeles Regional Water Board for expenditures made on the Calas Park Stormwater SEP prior to the issuance date of the Notice. Within thirty (30) 30 days of the Los Angeles Regional Water Board’s or its delegee’s determination of the suspended liability Suspended Liability amount assessed for the Discharger to pay, the Discharger shall submit payment consistent with by check payable to the payment method described Waste Discharge Permit Fund, and shall indicate this Order number on the check. The Discharger shall send the original signed check to the following address: State Water Resources Control Board; Accounting Office ATTN: ACL Payment P.O. Box 1888 Sacramento, California 95812-1888 The Discharger shall send a copy of the Check to the Prosecution Team Party Contact at the address listed in Section III, paragraph 2.a., aboveParagraph 17. Payment of the assessed amount upon SEP completion failure shall satisfy the Discharger’s obligations to implement the Calas Park Stormwater SEP.