Request for Extension of Completion Date. If the Discharger anticipates delay in the schedule for any milestone or deadline resulting in the need to extend the Completion Date, the Discharger, and/or the Discharger’s agents, shall notify the Executive Officer in writing at least thirty (30) days prior to the deadline or completion date of the event or circumstance that caused delay. The notice shall describe the reason for the inability to complete the milestone deadline or the SEP by the SEP Completion Date and specifically refer to this Paragraph. The notice shall describe the anticipated length of time the delay may persist, the cause or causes of the delay including whether the circumstance(s) was beyond the reasonable control of the Discharger and/or the Discharger’s agents (e.g., City of Xxxxxx), the measures taken or to be taken to minimize the delay, and provide an updated milestone schedule by which the measures will be implemented. The Discharger shall adopt all reasonable measures to avoid and minimize such delays. The determination as to whether the circumstances were beyond the reasonable control of the Discharger, and/or the Discharger’s agents will be made by the Executive Officer. Where the Executive Officer concurs that compliance was or is impossible, despite timely good faith efforts, due to circumstances beyond its control that could not have been reasonably foreseen and prevented by the exercise of reasonable diligence by the Discharger and/or the Discharger’s agents, a new compliance deadline shall be established. The Executive Officer will endeavor to grant a reasonable extension of time if warranted.
Request for Extension of Completion Date. If the Discharger cannot complete the Project within 36 months following adoption of the Order (Completion Date), due to circumstances beyond the Discharger’s anticipation or control, the Discharger shall notify the San Diego Water Board Executive Officer in writing within thirty (30) days of the date the Discharger first knew of the event or circumstance that caused or could cause a violation of this Order. The notice shall describe the reason for the nonperformance and specifically refer to this Paragraph. The notice shall describe the anticipated length of time the delay may persist, the cause or causes of the delay, an updated schedule for implementation, and the anticipated date of compliance. The Discharger shall adopt all reasonable measures to avoid and minimize such delays. The determination as to whether circumstances were beyond the reasonable control of the Discharger and its agents will be made by the Executive Officer. Where the Executive Officer concurs that compliance was or is impossible, despite the timely good faith efforts of the Discharger, due to circumstances beyond the control of the Discharger that could not have been reasonably foreseen and prevented by the exercise of reasonable diligence by the Discharger, a new Completion Date shall be established and this Order will be revised accordingly. The Executive Officer will endeavor to grant a reasonable extension of time if warranted up to, but not exceeding, one year.
Request for Extension of Completion Date. If the City cannot complete the SEPs within 36 months of SEP (1) and 48 months for SEP (2) following adoption of the Order (Completion Dates), due to circumstances beyond the control of the City or its agents and which could not have been reasonably foreseen and prevented or minimized by the exercise of due diligence, the City shall notify the San Diego Water Board Executive Officer in writing within thirty (30) days of the date that the City first knew of the event or circumstance that caused or would cause a violation of this Order. The notice shall describe the reason for the non- compliance and specifically refer to this Paragraph. The notice shall describe the anticipated length of time the delay may persist, the cause or causes of the delay, the measures taken or to be taken by the City to minimize the delay, the schedule by which the measures will be implemented, and the anticipated date of compliance. The City shall adopt all reasonable measures to avoid and minimize such delays. The determination as to whether the circumstances were beyond the reasonable control of the City and its agents will be made by the Executive Officer. Where the Executive Officer concurs that compliance was or is impossible, despite timely good faith efforts, due to circumstances beyond its control that could not have been reasonably foreseen and prevented by the exercise of reasonable diligence by the City or its agents, a new compliance deadline shall be established. The Executive Officer will endeavor to grant a reasonable extension of time if warranted.
Request for Extension of Completion Date. If the Discharger cannot complete the ECA within 36 months following adoption of the Order (Completion Date), due to circumstances beyond the control of the City or its agents and which could not have been reasonably foreseen and prevented or minimized by the exercise of due diligence, the City shall notify the San Diego Water Board Assistant Executive Officer in writing within thirty (30) days of the date that the City first knew of the event or circumstance that caused or would cause a violation of this Order. The notice shall describe the reason for the non-compliance and specifically refer to this Paragraph. The notice shall describe the anticipated length of time the delay may persist, the cause or causes of the delay, the measures taken or to be taken by the City to minimize the delay, the schedule by which the measures will be implemented, and the anticipated date of compliance. The City shall adopt all reasonable measures to avoid and minimize such delays. The determination as to whether the circumstances were beyond the reasonable control of the City and its agents will be made by the Assistant Executive Officer. Where the Assistant Executive Officer concurs that compliance was or is impossible, despite timely good faith efforts, due to circumstances beyond its control that could not have been reasonably foreseen and prevented by the exercise of reasonable diligence by the City or its agents, a new final compliance deadline shall be established, not to exceed one year (except where the Assistant Executive Officer finds the one year extension cannot be timely met because of government directives related to emergency situations). Where the Assistant Executive Officer does not concur that compliance was or is impossible, the matter will be scheduled for hearing before the San Diego Water Board, or its delegee, and the Suspended Liability amount will not become due and payable pursuant to Paragraph 14 unless the San Diego Water Board or its delegee upholds the Assistant Executive Officer's determination.
Request for Extension of Completion Date. If the Discharger, Rose Foundation, and/or the SEP Implementing Party anticipate delay in the schedule for any milestone or deadline resulting in the need to extend the Tree Planting SEP Completion Date, the Discharger, or the Rose Foundation and/or the SEP Implementing Party on the Discharger’s behalf after providing notice to the Discharger, shall notify the Executive Officer in writing at least thirty (30) days prior to the deadline or completion date of the event or circumstance that caused delay. The notice shall describe the reason for the inability to complete the milestone deadline or the Tree Planting SEP by the SEP Completion Date and specifically refer to this Paragraph. The notice shall describe the anticipated length of time the delay may persist, the cause or causes of the delay including whether the circumstance(s) was beyond the reasonable control of the Discharger, Rose Foundation and/or the SEP Implementing Party, the measures taken or to be taken to minimize the delay and provide an updated milestone schedule by which the measures will be implemented. The Rose Foundation and/or the SEP Implementing Party are expected to adopt all reasonable measures to avoid and minimize such delays. The determination as to whether the circumstances were beyond the reasonable control of the Discharger, Rose Foundation and/or the SEP Implementing Party will be made by the Executive Officer. Where the Executive Officer concurs that compliance was or is impossible, despite timely good faith efforts, due to circumstances beyond the control of the Discharger, Rose Foundation and/or the SEP Implementing Party that could not have been reasonably foreseen and prevented by the exercise of reasonable diligence, a new compliance deadline shall be established. The Executive Officer will endeavor to grant a reasonable extension of time if warranted.
