Common use of Replacement SEP Clause in Contracts

Replacement SEP. If there is a material failure, in whole or in part, to perform the Xxxxxx Basin SEP described in Section III, paragraph 2.b. and Attachment B, due to circumstances beyond the control of the Dischargers, and the Lahontan Water Board does not move to collect the Payment of Suspended Liability amount as provided in Section III, paragraph 2, above, the Parties agree that the Dischargers may propose a Replacement SEP. Whether there is a material failure to perform the Xxxxxx Basin SEP described in Section III, paragraph 2.b. and Attachment B shall be determined by the Executive Officer. The Dischargers shall have 60 days from the date of the Executive Officer’s determination to propose a Replacement SEP(s). The cost of the Replacement SEP shall be for the entire SEP Amount, or some portion thereof less the value of any completed milestones as stipulated to by the Parties in writing and shall be treated as a suspended liability subject to the same conditions provided for the SEP being replaced. The terms and conditions of the Replacement SEP shall be memorialized in a Supplemental Agreement to this Stipulated Order, signed by both parties and approved by the Lahontan Water Board or its delegee. The Replacement SEP shall meet the criteria in the SEP Policy and shall be completed within 36 months of the Lahontan Water Board’s or its delegee’s approval of the Supplemental Agreement (Replacement SEP Completion Date). The Executive Officer may grant an extension for good cause shown as to why the Replacement SEP cannot be completed by the Replacement SEP Completion Date. The Parties agree that, unless requested by the Executive Officer, the Supplemental Agreement will not be subject to public notice and comment so long as the initial notice and comment period complies with federal and/or state requirements. If there is a material failure to perform a Replacement SEP, then the Executive Officer shall issue a “Notice of Violation” as described in Section III, paragraph 15. The Dischargers shall not have an opportunity to propose a second Replacement SEP should it fail to complete the Replacement SEP for any reason.

Replacement SEP. If If, by the Completion Deadline (or by any later date approved pursuant to paragraph 28), there is a material failure, in whole or in part, to perform the Xxxxxx Basin SEP described in Section III, paragraph 2.b. and Attachment B26, due to circumstances beyond the control of the DischargersDischarger and/or the SEP Implementing Party, and the Lahontan Central Valley Water Board does not move to collect the Payment payment of Suspended Liability suspended liability amount as provided in Section III, paragraph 233, above, the Parties agree that the Dischargers Discharger may propose a Replacement SEP. Whether there is a material failure to perform the Xxxxxx Basin SEP described in Section III, paragraph 2.b. and Attachment B 26 shall be determined by the Executive Officer. The Dischargers Discharger shall have 60 days from the date of the Executive Officer’s determination to propose a Replacement SEP(s)SEP. The cost of the Replacement SEP shall be for the entire SEP Amount, or some portion thereof less the value of any completed milestones as stipulated to by the Parties in writing and shall be treated as a suspended liability subject to the same conditions provided for the SEP being replaced. The terms and conditions of the Replacement SEP shall be memorialized in a Supplemental Agreement to this Stipulated Order, signed by both parties and approved by the Lahontan Regional Water Board or its delegee. The Replacement SEP shall meet the criteria in the SEP Policy and shall be completed within 36 months no later than two years of the Lahontan Water Board’s or its delegee’s approval effective date of the Supplemental Agreement this Stipulated Order (Replacement SEP Completion Date). The Executive Officer may grant an extension for good cause shown as to why the Replacement SEP cannot be completed by the Replacement SEP Completion Date. The Parties agree that, unless requested by the Executive Officer, the Supplemental Agreement will not be subject to public notice and comment so long as the initial notice and comment period complies complied with federal and/or state requirements. If there is a material failure to perform a Replacement SEP, then the Executive Officer shall issue a “Notice of ViolationFailure to Complete SEP” as described in Section III, paragraph 1533. The Dischargers Discharger shall not have an opportunity to propose a second Replacement SEP should it fail to complete the Replacement SEP for any reason.

Replacement SEP. If there is a material failure, in whole or in part, to perform the Xxxxxx Basin Trout Creek SEP described in Section III, paragraph 2.b. and Attachment B, due to circumstances beyond the control of the Dischargers, and the Lahontan Water Board does not move to collect the Payment of Suspended Liability amount as provided in Section III, paragraph 218, above, the Parties agree that the Dischargers may propose a Replacement SEP. Whether there is a material failure to perform the Xxxxxx Basin Trout Creek SEP described in Section III, paragraph 2.b. and Attachment B shall be determined by the Executive Officer. The Dischargers shall have 60 days from the date of the Executive Officer’s determination to propose a Replacement SEP(s). The cost of the Replacement SEP shall be for the entire SEP Amount, or some portion thereof less the value of any completed milestones as stipulated to by the Parties in writing and shall be treated as a suspended liability subject to the same conditions provided for the SEP being replaced. The terms and conditions of the Replacement SEP shall be memorialized in a Supplemental Agreement to this Stipulated Order, signed by both parties and approved by the Lahontan Water Board or its delegee. The Replacement SEP shall meet the criteria in the SEP Policy and shall be completed within 36 months of the Lahontan Water Board’s or its delegee’s approval of the Supplemental Agreement (Replacement SEP Completion Date). The Executive Officer may grant an extension for good cause shown as to why the Replacement SEP cannot be completed by the Replacement SEP Completion Date. The Parties agree that, unless requested by the Executive Officer, the Supplemental Agreement will not be subject to public notice and comment so long as the initial notice and comment period complies with federal and/or state requirements. If there is a material failure to perform a Replacement SEP, then the Executive Officer shall issue a “Notice of ViolationFailure to Complete SEP” as described in Section III, paragraph 1518. The Dischargers shall not have an opportunity to propose a second Replacement SEP should it fail to complete the Replacement SEP for any reason.

Replacement SEP. If there is a material failure, in whole or in part, to perform the Xxxxxx Basin SEP SEPs described in Section III, paragraph 2.b. and Attachment B25.c., due to circumstances beyond the control of the DischargersDischarger, Rose Foundation, and/or the SEP Implementing Party, and the Lahontan Water Regional Board does not move to collect the Payment of Suspended Liability amount as provided in Section III, paragraph 236, above, the Parties agree that the Dischargers Discharger may propose a Replacement SEP. Whether there is a material failure to perform the Xxxxxx Basin SEP SEP(s) described in Section III, paragraph 2.b25.c. and Attachment B shall be determined by the Executive Officer. The Dischargers Discharger shall have 60 days from the date of the Executive Officer’s determination to propose a Replacement SEP(s). The cost of the Replacement SEP shall be for the entire SEP Amount, or or, some portion thereof less the value of any completed milestones as stipulated to by the Parties in writing and shall be treated as a suspended liability subject to the same conditions provided for the SEP being replaced. The terms and conditions of the Replacement SEP shall be memorialized in a Supplemental Agreement to this Stipulated Order, signed by both parties Parties and approved by the Lahontan Water Regional Board or its delegee. The Replacement SEP shall meet the criteria in the SEP Policy Policy, and shall be completed within 36 months of the Lahontan Water Regional Board’s or its delegee’s approval of the Supplemental Agreement (Replacement SEP Completion Date). The Executive Officer may grant an extension for good cause shown as to why the Replacement SEP cannot be completed by the Replacement SEP Completion Date. The Parties agree that, unless requested by the Executive Officer, the Supplemental Agreement will not be subject to public notice and comment so long as the initial notice and comment period complies complied with federal and/or state requirements. If there is a material failure to perform a Replacement SEP, then the Executive Officer shall issue a “Notice of ViolationFailure to Complete SEP” as described in Section III, paragraph 1537. The Dischargers Discharger shall not have an opportunity to propose a second Replacement SEP should it fail to complete the Replacement SEP for any reason.

Replacement SEP. If there is a material failure, in whole or in part, to perform the Xxxxxx Basin SEP described in Section III, paragraph 2.b. and Attachment B, B due to circumstances beyond the control of the DischargersLehigh’s control, and the Lahontan Regional Water Board does not move to collect the Payment of Suspended Liability amount as provided in Section III, paragraph 2, abovethe preceding paragraphs, the Parties agree that the Dischargers Lehigh may propose a Replacement SEP. Whether there is a material failure to perform the Xxxxxx Basin SEP SEP(s) described in Section III, paragraph 2.b. and Attachment B shall be determined by the Executive Officer. The Dischargers Lehigh shall have 60 days from the date of the Executive Officer’s determination to propose a Replacement SEP(s)SEP. The cost of the Replacement SEP shall be for the entire SEP Amount, or or, some portion thereof less the value of any completed milestones as stipulated to by the Parties in writing and shall be treated as a suspended liability subject to the same conditions provided for the SEP being replaced. The terms and conditions of the Replacement SEP shall be memorialized in a Supplemental Agreement to this Stipulated Order, signed by both parties Parties and approved by the Lahontan Regional Water Board or its delegee. The Replacement SEP shall meet the criteria in the SEP Policy Policy, and shall be completed within 36 months of the Lahontan Water Regional Board’s or its delegee’s approval of the Supplemental Agreement (Replacement SEP Completion Date). The Executive Officer may grant an extension for good cause shown as to why the Replacement SEP cannot be completed by the Replacement SEP Completion Date. The Parties agree that, unless requested by the Executive Officer, the Supplemental Agreement will not be subject to public notice and comment so long as the initial notice and comment period complies complied with federal and/or state requirements. If there is a material failure to perform a Replacement SEP, then the Executive Officer shall issue a “Notice of ViolationFailure to Complete SEP” as described in Section III, paragraph 1519. The Dischargers Lehigh shall not have an opportunity to propose a second Replacement SEP should it fail to complete the Replacement SEP for any reason.

Replacement SEP. If there is a material failure, in whole or in part, to perform the Xxxxxx Basin SEP described in Section III, paragraph 2.b. and Attachment B16, due to circumstances beyond the control of the DischargersDischarger, and the Lahontan Regional Water Board does not move to collect the Payment of Suspended Liability amount as provided in Section III, paragraph 224, above, the Parties agree that the Dischargers Discharger may propose a Replacement SEP. Whether there is a material failure to perform the Xxxxxx Basin SEP described in Section III, paragraph 2.b. and Attachment B 16 shall be determined by the Executive Officer. The Dischargers Discharger shall have 60 days from the date of the Executive Officer’s determination to propose a Replacement SEP(s)SEP. The cost of the Replacement SEP shall be for the entire SEP Amountamount, or or, some portion thereof less the value of any completed milestones as stipulated to by the Parties in writing and shall be treated as a suspended liability subject to the same conditions provided in paragraph 17 for the SEP being replaced. The terms and conditions of the Replacement SEP shall be memorialized in a Supplemental Agreement to this Stipulated Order, signed by both parties and approved by the Lahontan Regional Water Board or its delegee. The Replacement SEP shall meet the criteria in the SEP Policy Policy, and shall be completed within 36 months of the Lahontan Regional Water Board’s or its delegee’s approval of the Supplemental Agreement (Replacement SEP Completion Date). The Executive Officer may grant an extension for good cause shown as to why the Replacement SEP cannot be completed by the Replacement SEP Completion Date. The Parties agree that, unless requested by the Executive Officer, the Supplemental Agreement will not be subject to public notice and comment so long as the initial notice and comment period complies complied with federal and/or state requirements. If there is a material failure to perform a Replacement SEP, then the Executive Officer shall issue a “Notice of ViolationFailure to Complete SEP” as described in Section III, paragraph 1525. The Dischargers Discharger shall not have an opportunity to propose a second Replacement SEP should it fail to complete the Replacement SEP for any reason.