NPDES Permit Discharge Limits Operational Liquidated Damages Sample Clauses

NPDES Permit Discharge Limits Operational Liquidated Damages. Absent evidence of actions or circumstances outside the Concessionaire’s control or due to the fault of others, operational liquidated damages of $10,000 will be assessed by the City for each regulatory discharge limit (refer to Table B-1) exceeded for every month in which an Exceedence occurs. The assessment of operational liquidated damages is separate from and in addition to any enforcement action taken by a regulatory agency. Also, the Concessionaire will be responsible for any fines or penalties, and/or any enforcement action assessed by a regulatory agency for noncompliance with any NPDES permit requirement.
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