Notice to the State. Based on the es- timates under paragraph (1), the Secretary shall notify the State, in writing, if the total withdrawal of groundwater from the Truxton Basin outside the boundaries of the Hualapai Reservation exceeds the estimate prepared pursuant to that paragraph by 3,000 or more AFY, exclusive of any diversion or use of groundwater on Hualapai fee land and any land acquired by the Hualapai Tribe, includ- ing by a tribally owned corporation, in fee after the Enforceability Date.
Notice to the State. The Grantee shall promptly inform the State of any significant problems, delays, or adverse conditions, actual or anticipated, which will materially affect the project objectives or prevent the Project from being completed by the Award End Date set forth above.
Notice to the State. Respondents were previously notified regarding the RCRA allegations recited herein under cover letter dated January 26, 2016. In accordance with Section 3008(a)(2) of RCRA, 42 U.S.C. § 6928(a)(2), EPA has notified the Commonwealth of Virginia of EPA’s intent to enter into a CAFO with Respondent resolving the RCRA violations set forth herein. CWA Background Section 301(a) of the CWA, 33 U.S.C. § 1311(a), prohibits the discharge of “pollutants,” as defined by Section 502(6) of the CWA, 33 U.S.C. § 1362(6), from a point source into the waters of the United States by any person except in accordance with certain sections of the CWA, or in compliance with a National Pollutant Discharge Elimination System (“NPDES”) permit issued by EPA or an authorized state pursuant to Section 402 of the CWA, 33 U.S.C. § 1342. Under Section 402(a) of the CWA, 33 U.S.C. § 1342(a), the Administrator of EPA (or a state that has a permit program authorized pursuant to Section 402(b) of the CWA, 33 U.S.C. § 1342(b)) may issue a NPDES permit that authorizes the discharge of pollutants into waters of the United States, subject to the conditions and limitations set forth in such a permit, including effluent limitations, but only upon compliance with applicable requirements of Section 301 of the CWA, 33 U.S.C. § 1311, or under such other conditions as the Administrator determines are necessary to carry out the provisions of the CWA. Section 402(k) of the CWA, 33 U.S.C. § 1342(k), provides that compliance with the terms and conditions of a permit issued pursuant to that section shall be deemed compliance with, inter alia, Section 301 of the CWA, 33 U.S.C. § 1311. Effluent limitations, as defined in Section 502(11) of the CWA, 33 U.S.C. § 1362(11), are restrictions on the quantity, rate, and concentration of chemical, physical, biological, and other constituents which are discharged from point sources into waters of the United States. Section 402(b) of the CWA, 33 U.S.C. § 1342(b), authorizes EPA to delegate permitting and inspection authority to states that meet certain requirements. The Commonwealth of Virginia is authorized by the Administrator of EPA, pursuant to Section 402(b) of the CWA, 33 U.S.C. § 1342(b), to administer the NPDES permit program for discharges into navigable waters within its jurisdiction. The Virginia Department of Environmental Quality (“VADEQ”) is the “approval authority” as defined in 40 C.F.R. § 403.3(c). Section 313 of the CWA, 33 U.S.C. § 1323, requires in re...
Notice to the State. To the Director, Department of Ecology, Olympia, --------------------- Washington 98504 or at such other address as the State shall have furnished to the Company in writing.
Notice to the State. Provider shall keep the State fully informed at all times regarding all matters related to any Environmental Laws affecting Provider or the Premises. This duty shall include, but not be limited to, providing the State with a current and complete list and accounting of all Hazardous Substances of every kind which are present in, on or about the Premises by or as a result of Provider, together with evidence that Provider has in effect all required and appropriate permits, licenses, registrations, approvals, and other consents that may be required by any federal, state, or county authority, under any authority or Environmental Laws. Provider shall provide said list and accounting at the commencement of the Agreement and shall update said list and accounting whenever any Hazardous Substance not accounted for on said list is or becomes present in, on, or about the Premises by Provider or otherwise. Provider shall also provide immediate written notice of any investigation, enforcement action, compliance order, or order of any type, or any other legal action, initiated, issued, or any indication of an intent to do so, communicated in any way to Provider by any federal, state, or county authority or individual that relates in any way to any Environmental Law or any Hazardous Substance on the Premises. This written notice to the State shall include copies of all written communications from any federal, state, or county agency or authority, including copies of all correspondence, claims, complaints, warnings, reports, technical data, and any other documents received or obtained by Provider. At least thirty (30) days prior to termination of this Agreement, or termination of the use and occupancy of the Premises by Provider, whichever occurs first, Provider shall provide the State with written evidence satisfactory to the State that Provider has fully complied with all Environmental Laws, including any orders issued by any governmental authority that relate to the Premises, and the results of all assessments and investigations that may be ordered by the State pursuant to Section 17.2.5 (Environmental Investigations and Assessments) of this provision, or by any governmental agency responsible for enforcement of the Environmental Laws.
