Common use of Failure to Complete the SEP Clause in Contracts

Failure to Complete the SEP. If the Tree Planting 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 Tree Planting SEP, the Executive Officer shall issue to the Rose Foundation and 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 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 Tree Planting SEP 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 Tree Planting SEP after 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 instruct the Rose Foundation to pay the suspended liability amount, or any portion thereof, on its behalf based on the funds the Rose Foundation still possesses. If the funds in the Rose Foundation’s possession are insufficient to satisfy the suspended liability amount assessed for the Discharger to pay, the Discharger will provide additional funds for full payment. Payment shall be made by the Rose Foundation and/or Discharger consistent with the payment method described in Section III, paragraph 2.a., above. The Los Angeles Water Board shall provide the Discharger with a copy of confirmation of receipt of payment from the State Water Board for any full or partial payment made by the Rose Foundation within fifteen (15) business days of receipt by the Los Angeles Water Board. Payment of the assessed amount shall satisfy the Discharger’s obligations in Section III, paragraph 2.b. above.

Failure to Complete the SEP. If the Tree Planting 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 Tree Planting SEPrequired by this Stipulated Order, the Central Valley Water Board Executive Officer shall issue to the Rose Foundation and the Discharger a “Notice of Failure to Complete SEP”Violation. The amount of suspended liability owed shall be determined via As a Motion for Payment of Suspended Liability before the Los Angeles Water Board or its delegee. The Discharger consequence, Caltrans shall be liable to pay the entire SEP Amount, Suspended Liability or, if shown by the DischargerCaltrans, some portion thereof less the value of the completion of any completed Tree Planting SEP milestones as stipulated to by the Parties in writing, or milestone requirements as determined by the Motion for Payment of Suspended Liability, as described below, or as agreed in writing by the Parties. Unless the Los Angeles Water Board otherwise agreed or its delegee determines otherwisedetermined by a Motion for Payment of Suspended Liability, the Discharger Caltrans shall not be entitled to any credit, offset, or reimbursement from the Los Angeles Central Valley Water Board for expenditures made on the Tree Planting SEP after prior to the issuance date of receipt of the NoticeNotice of Violation. Within 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 Los Angeles Central Valley Water Board’s or its delegee’s determination of the suspended liability amount assessed determination. In addition, Caltrans shall be liable for the Discharger to pay, the Discharger shall instruct the Rose Foundation to pay the suspended liability amount, or any portion thereof, on its behalf based on the funds the Rose Foundation still possesses. If the funds in the Rose Foundation’s possession are insufficient to satisfy the suspended liability amount assessed for the Discharger to pay, the Discharger will provide additional funds for full payment. Payment shall be made by the Rose Foundation and/or Discharger consistent with the payment method described in Section III, paragraph 2.a., above. The Los Angeles Water Board shall provide the Discharger with a copy of confirmation of receipt of payment from the State Water Board for any full or partial payment made by the Rose Foundation within fifteen (15) business days of receipt by the Los Angeles 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 satisfy send the Discharger’s obligations in Section IIIoriginal signed check to the State Water Resources Control Board Accounting Office, paragraph 2.bAttn: ACL Payment/SEP Failure, P.O. Box 1888, Sacramento, CA 95812-1888. aboveCopies 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. If the Tree Planting SEP is not fully implemented by within the SEP Completion Date listed in Attachment B, Period required by this Stipulation and Order or if there has been a material failure to satisfy a project milestone necessary to implement the Tree Planting SEPMilestone Requirement, the Executive Officer Designated Lahontan Water Board Representative shall issue to the Rose Foundation and the Discharger a “Notice of Failure to Complete SEP”Violation. The amount of suspended liability owed shall be determined via As a Motion for Payment of Suspended Liability before the Los Angeles Water Board or its delegee. The Discharger consequence, Settling Respondent shall be liable to pay the entire SEP AmountSuspended Liability, or, if shown by the Discharger, or some portion thereof less the value of the completion of any completed Tree Planting SEP milestones as stipulated to by the Parties in writingMilestone Requirements, or as determined by the Motion for Payment of Suspended Liabilityunless otherwise ordered. Unless the Los Angeles Water Board or its delegee determines otherwise, the Discharger Settling Respondent shall not be entitled to any credit, offset, or reimbursement from the Los Angeles Lahontan Water Board for expenditures made on the Tree Planting SEP after prior to the issuance date of the Notice“Notice of Violation” by the Lahontan Water Board, unless otherwised allowed. Within The amount of the Suspended Liability owed shall be determined via a “Motion for Payment of Suspended Liability” before the Lahontan Water Board. Upon a determination by the Lahontan Water Board of the amount of the Suspended Liability assessed, the amount owed shall be paid to the State Water Pollution Cleanup and Abatement Account within thirty (30) days after the service of the Los Angeles Lahontan Water Board’s or its delegee’s determination of determination. In addition, the suspended liability amount assessed Settling Respondent shall be liable for the Discharger to pay, the Discharger shall instruct the Rose Foundation to pay the suspended liability amount, or any portion thereof, on its behalf based on the funds the Rose Foundation still possesses. If the funds in the Rose Foundation’s possession are insufficient to satisfy the suspended liability amount assessed for the Discharger to pay, the Discharger will provide additional funds for full payment. Payment shall be made by the Rose Foundation and/or Discharger consistent with the payment method described in Section III, paragraph 2.a., above. The Los Angeles Water Board shall provide the Discharger with a copy of confirmation of receipt of payment from the State Water Board for any full or partial payment made by the Rose Foundation within fifteen (15) business days of receipt by the Los Angeles Lahontan Water Board’s reasonable costs of enforcement, including but not limited to legal costs and expert witness fees. Payment of the assessed amount shall will satisfy the DischargerSettling Respondent’s obligations in Section III, paragraph 2.b. aboveto implement the SEP.

Failure to Complete the SEP. If the Tree Planting 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 Tree Planting SEPrequired by this Stipulated Order, the Central Valley Water Board Executive Officer shall issue to the Rose Foundation and the Discharger a “Notice of Failure to Complete SEP”Violation. The amount As a consequence, the City 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 Vacaville shall be liable to pay the entire SEP Amount, Suspended Liability or, if shown by the DischargerCity of Vacaville, some portion thereof less the value of the completion of any completed Tree Planting SEP milestones as stipulated to by the Parties in writing, or milestone requirements as determined by the Motion for Payment of Suspended Liability, as described below, or as agreed in writing by the Parties. Unless the Los Angeles Water Board otherwise agreed or its delegee determines otherwisedetermined by a Motion for Payment of Suspended Liability, the Discharger City of Vacaville shall not be entitled to any credit, offset, or reimbursement from the Los Angeles Central Valley Water Board for expenditures made on the Tree Planting SEP after prior to the issuance date of receipt of the NoticeNotice of Violation. Within 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 Los Angeles Central Valley Water Board’s or its delegee’s determination determination. In addition, the City of the suspended liability amount assessed Vacaville shall be liable for the Discharger to pay, the Discharger shall instruct the Rose Foundation to pay the suspended liability amount, or any portion thereof, on its behalf based on the funds the Rose Foundation still possesses. If the funds in the Rose Foundation’s possession are insufficient to satisfy the suspended liability amount assessed for the Discharger to pay, the Discharger will provide additional funds for full payment. Payment shall be made by the Rose Foundation and/or Discharger consistent with the payment method described in Section III, paragraph 2.a., above. The Los Angeles Water Board shall provide the Discharger with a copy of confirmation of receipt of payment from the State Water Board for any full or partial payment made by the Rose Foundation within fifteen (15) business days of receipt by the Los Angeles 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 shall will satisfy the DischargerCity of Vacaville’s obligations in Section IIIto implement the SEP. In the event that payment is due pursuant to this Paragraph, paragraph 2.bthe City of Vacaville shall send the original signed check to the State Water Resources Control Board Accounting Office, Attn: ACL Payment/SEP Failure, X.X. Xxx 0000, Xxxxxxxxxx, XX 00000-0000. aboveCopies of the check shall be sent to Xxxxx Xxxxxxxxx, Staff Attorney, State Water Resources Control Board, Xxxxxx xx Xxxxxxxxxxx, X.X. Xxx 000, Xxxxxxxxxx, XX 00000 and Xxxxx Xxxxx, Supervisor, Compliance and Enforcement Section, Regional Water Quality Control Board, Central Valley Region, 11020 Xxx Xxxxxx Xxxxx, Xxxxx 000, Xxxxxx Xxxxxxx, XX 00000.