NPDES Permit. Developer shall comply with the provisions of the Clean Water Act and Chapter 342D, HRS, and Chapter 11-55, HAR, relative to the National Pollutant Discharge Elimination System (“NPDES”) permit requirements. For discharges into Class A or Class 2 State waters, the Developer may apply for an NPDES general permit coverage by submitting a Notice of Intent (“NOI”) form to the Department of Health Clean Water Branch for the type of discharge authorized by an NPDES general permit applicable to this Project, including but not limited to storm water associated with construction activity and construction dewatering effluent. For types of wastewater not covered by general permit coverage or wastewater discharging into Class 1 or Class AA State waters, an NPDES individual permit may be required. Developer shall not proceed with construction until the applicable NPDES permits are obtained. Developer shall ensure that its contractors understand and comply with the permit requirements and Developer is responsible to secure its contractor’s indemnification of and holding the State of Hawaii and HHFDC harmless with respect to the actions of its contractors.
NPDES Permit. Developer shall provide proof to the City that it has obtained any required NPDES and any other permits applicable to the work being performed under this Agreement.
A. Before any grading is started on any site, all erosion control measures as shown on the Preliminary Plans shall be strictly complied with as set forth in the plans as well as all requirements of the NPDES permit and any other permit requirements issued by the City, County, State or Federal government. Developer shall also install all erosion control measures deemed necessary by the City Engineer should the erosion control plan prove inadequate in any respect.
B. The Developer shall be responsible for maintaining all erosion and sediment control measures in accordance with all City, County, and State regulations.
C. Developer shall comply with all requirements for drainage into any county ditch or other ditch through which water from the property may drain and shall make any necessary improvements or go through any necessary procedures to ensure compliance with any Federal, State, County or City requirements, all at Developer's expense. In addition, Developer shall fully comply with all reasonable recommendations made by the City Engineer relative to drainage improvements.
D. Developer shall remove / break all existing field agricultural tile as shown in the Preliminary Plans. If other field agricultural tiles are discovered which originate from adjacent properties, Developer shall not diminish the functionality of any existing field tiles that would negatively affect offsite properties.
E. The Developer shall establish the required wetland buffers as required by City Code and depicted in the Preliminary Plans.
NPDES Permit. RFA shall obtain any required NPDES permits from the Xxxxxxxxxx County Soil Conservation District prior to issuance of any permit for earth disturbance.
NPDES Permit. Prior to beginning of construction, the applicant shall file a Notice of Intent (NOI) with the Regional Water Quality Control Board, if required, to obtain coverage under the State General Construction Activity NPDES Permit. Satisfactory evidence of the filing of the NOI shall be furnished to the City. The applicant shall comply with all provisions and conditions of the State Permit, including preparation and implementation of a Storm Water Pollution Prevention Plan (SWPPP), if required. Copies of the SWPPP shall be submitted to the City prior to beginning of construction and maintained on site at all times during construction.
NPDES Permit. TENANT shall not discharge any industrial effluent into the ground. TENANT shall obtain an NPDES permit to discharge stormwater or other effluents into a body of water. TENANT shall obtain an NPDES permit, if stormwater run-off is exposed to raw materials, unfinished or finished products, waste, by-products, industrial machinery or equipment, a materials handling area or a process area. TENANT shall obtain, when applicable, the pertinent industrial discharge permit or pre-treatment permit.
NPDES Permit. 3.1 Pursuant to 40 CFR 122.61(b)(2), as of the Dissolution Date, the WCA’s NPDES Permit, including permit responsibility, coverage, and liability, will be jointly transferred to WCW and the City and RMSD. Permit liability and other provisions shall be allocated as described more fully in the permit. The Parties shall notify the Regional Water Quality Control Board at least 30 days in advance of the proposed transfer date as required in Section 40 CFR 1122.61(b)(1).
3.2 The City shall pay all joint fees associated with the NPDES permit, including the annual NPDES permit fee to SWRCB, BACWA fees associated with joint outfall discharge as co- permittees (excluding BACWA dues and fees that are assessed separately to the Parties), and the regional monitoring program fees. The City will invoice WCW for 50% of the total cost of such fees, which WCW shall pay within 60 days of receipt of an undisputed invoice. If WCW disputes a fee or charge, the Parties will meet and confer to resolve the dispute as provided in Section 10.
NPDES Permit. Buyer has secured the release of Seller from the existing NPDES permit (the "NPDES Permit") relating to the Las Montanas Property. IF ANY OF THE FOREGOING CONDITIONS IS NOT FULFILLED TO THE SATISFACTION OF SELLER, IN SELLER'S SOLE AND ABSOLUTE DISCRETION (OR OTHERWISE WAIVED BY SELLER IN WRITING), ON OR BEFORE THE DATE BY WHICH SUCH CONTINGENCY IS TO HAVE BEEN SATISFIED, BUT SUBJECT TO BUYER'S CURE RIGHTS UNDER SECTION 11.1, SELLER MAY, AS SELLER'S SOLE REMEDY, BY WRITTEN NOTICE TO BUYER, CANCEL THIS AGREEMENT AND RETAIN THE EARNEST MONEY AS LIQUIDATED DAMAGES AND NOT AS A PENALTY, THX XXXXXES HEREBY AGREEING THAT THE EARNEST MONEY IS A REASONABLE FORECAST OF THE JUST COMPENSATXXX XXX THE HARM THAT MAY BE CAUSED SELLER AS A RESULT OF BUYER'S FAILURE TO CONSUMMATE THE TRANSACTIONS HEREUNDER OR THE FAILURE OF THE CONDITIONS SET FORTH HEREIN. IF SELLER DOES NOT ELECT TO CANCEL THE AGREEMENT AS PERMITTED BY THIS SECTION 5.3, SELLER SHALL BE DEEMED TO HAVE WAIVED ITS RIGHT SO TO CANCEL.
NPDES Permit. Grantor agrees to make NPDES Permit #WAR005863 active for purposes of Grantee’s Construction Activities that will be occurring within the Easement Area. Grantee will be responsible to provide a CECSL for the project and manage the permit on Xxxxxxx’s behalf for the duration of Construction Activities. Grantee will at its own cost and expense; implement the erosion control measures in the plans, and will be responsible for any necessary changes to best management practices (the “BMPs”), as may be necessary for making sure the site is performing properly.
NPDES Permit. It is understood that LES may apply for an NPDES discharge permit to allow direct discharge of return effluent into Salt Creek in the event that the NWWTF is unable to accept return flows for an extended period of time, provided, however, LES agrees that any such direct discharge shall be outside of the NWWTF "mixing zone" as defined by state and federal regulations.
NPDES Permit. Seller has advised Buyer that it is in the process of obtaining a current National Pollutant Discharge Elimination System (NPDES) permit with respect to the operation of the water collection sump at the Property. With respect to the NPDES permit, Seller confirms that it has retained an environmental/water testing consultant to perform the necessary tests (the “NPDES Testing”) and produce the reports required for completing the NPDES permit application. Seller will cause such consultant to expedite the NPDES Testing and reporting procedure and Buyer’s consultant shall be permitted to observe the testing work, and Buyer will be promptly provided with copies of all reports and studies issued with respect to the water collection sump. Seller will use commercially reasonable efforts and will spend such funds as may be necessary to cause the NPDES Testing and other work necessary to secure the NPDES permit to be expeditiously completed. It shall be a condition to Closing that the NPDES permit is issued with respect to the water collection sump, as referenced herein. However, in the event all other conditions to Closing are satisfied but the NPDES permit is not yet issued, Seller shall have the right, by delivering written notice to Buyer, to extend the Closing for up to thirty (30) days in order to secure the NPDES permit prior to Closing.
