Stipulated Civil Penalties a. In the event Shell fails to comply in a timely manner with any term or provision of this Consent Order and Agreement, Shell shall be in violation of this Consent Order and Agreement and, in addition to other applicable remedies, shall pay a civil penalty of $1,000 per day for each violation within 30 days of the date of written notice from the Department. This Paragraph does not apply to any violations addressed pursuant to Paragraph 14.b.
b. Any payment under this paragraph shall neither waive Shell’s duty to meet its obligations under this Consent Order and Agreement nor preclude the Department from commencing an action to compel Shell’s compliance with the terms and conditions of this Consent Order and Agreement. The payment resolves only Shell’s liability for civil penalties arising from the violations of this Consent Order and Agreement for which the payment is made.
Stipulated Civil Penalties a. In the event [Operator] fails to comply in a timely manner with the provisions of Paragraph(s) [Operator] shall be in violation of this Consent Order and Agreement and, in addition to other applicable remedies, shall pay a civil penalty in the amount determined under the following schedule:
(i) For any violation of Paragraph(s) , $ per day for each violation;
(ii) For any violation of Paragraph (s) , $ per day for the first days of each violation, and $ per day for each violation extending beyond the firs days.
b. Stipulated civil penalty payment shall be payable monthly on or before the fifteenth day of each succeeding month, and shall be forwarded as described in Paragraph 4 (Civil Penalties) above.
c. Any payment under this paragraph shall neither waive the [Operator]’s duty to meet its obligations under this Consent Order and Agreement nor preclude the Department from commencing an action to compel [Operator]’s compliance with the terms and conditions of this Consent Order and Agreement. The payment resolves only [Operator]’s liability for civil penalties arising from the violation of this Consent Order and Agreement for which the payment is made.
d. [Except for violations of Paragraph(s),] stipulated civil penalties shall be due automatically and without notice. [No stipulated civil penalty will be owed for violations of Paragraph(s) , if the violations are corrected within days of notice from the Department].
Stipulated Civil Penalties a. In the event the requirements of Paragraphs 3-5 above are not timely complied with, CPERG, Controlled Demolition and Xxxxx Xxxxxx shall be in violation of this Consent Order and Agreement and, in addition to other applicable remedies, shall, jointly and severally pay a civil penalty in the amount of $500.00 per day for each violation.
b. Stipulated civil penalty payments shall be payable monthly on or before the fifteenth day of each succeeding month and shall be forwarded as described in Paragraph 3 (Civil Penalties) above.
c. Any payment under this paragraph shall neither waive CPERG, Controlled Demolition and Xxxxx Xxxxxx’x duty to meet their obligations under this Consent Order and Agreement nor preclude the Department from commencing an action to compel their compliance with the terms and conditions of this Consent Order and Agreement. The payment resolves only their liability for civil penalties arising from the violations of this Consent Order and Agreement for which the payment is made.
d. Stipulated civil penalties shall be due automatically and without notice.
Stipulated Civil Penalties a. In the event [Operator] fails to comply in a timely manner with any term or provision of this Consent Order and Agreement, [Operator] shall be in violation of this Consent Order and Agreement and, in addition to other applicable remedies, shall pay a civil penalty in the amount of $100.00 per day for each violation.
b. Stipulated civil penalty payments shall be payable monthly on or before the fifteenth day of each succeeding month, and shall be forwarded to: Director, District Mining Operations Department of Environmental Protection District Mining Office [Address]
c. Any payment under this paragraph shall neither waive [Operator]’s duty to meet its obligations under this Consent Order and Agreement nor preclude the Department from commencing an action to compel [Operator]’s compliance with the terms and conditions of this Consent Order and Agreement. The payment resolves only [Operator]’s liability for civil penalties arising from the violation of this Consent Order and Agreement for which the payment is made.
d. Stipulated civil penalties shall be due automatically and without notice.
Stipulated Civil Penalties a. In the event Xxxxx fails to comply in a timely manner with any provision of Paragraph 3, above, Jewel shall be in violation of this COA and, in addition to other applicable remedies, shall pay a civil penalty in the amount of $100 per day that any of the provisions of Paragraph 3 remain unfulfilled.
b. Stipulated civil penalty payments shall be payable within 15 days of notification by the Department that they are due. Payments shall be made by corporate check or the like payable to the Commonwealth of Pennsylvania Clean Air Fund and sent to Xxxx Xxxxx, PE, Regional Air Quality Program Manager, Pennsylvania Department of Environmental Protection, 000 Xxxxxxxxxx Xxxxx, Xxxxxxxxxx, XX 00000 4745, along with a transmittal of penalty form, a copy of which is attached.
c. Any payment under this paragraph shall neither waive Xxxxx’s duty to meet its obligations under this COA nor preclude the Department from commencing an action to compel Jewel’s compliance with the terms and conditions of this COA. The payment resolves only Jewel’s liability for civil penalties arising from the violation of this COA for which the payment is made.
Stipulated Civil Penalties a. In the event Coterra fails to comply in a timely manner with the restriction on drilling in the Xxxxxx/Xxxxxx Road Area in Paragraph 4.a., Paragraph 4.b.,iii. or Paragraph 4.d., above, Coterra shall be in violation of this Consent Order and Agreement and, in addition to other applicable remedies, shall pay a stipulated civil penalties as follows:
i. The amount of Five Thousand Dollars ($5,000.00) per day for each day, or any portion thereof, that Coterra fails to comply with the restriction on drilling from surface holes located in the Xxxxxx/Xxxxxx Road Area in Paragraph 4.a.;
ii. The amount of Five Hundred Dollars ($500.00) per day for each day, or any portion thereof, that Coterra fails to comply with Paragraph 4.b.iii; and
iii. The amount of Two Hundred Fifty Dollars ($250.00) per day for each day, or any portion thereof, that Coterra fails to comply with Paragraph 4.d.
b. Stipulated civil penalty payments shall be payable on or before the fifteenth (15th) day of each succeeding month and shall be forwarded as described in Paragraph 6, above.
c. Any payment under this paragraph shall neither waive Coterra’s duty to meet its obligations under this Consent Order and Agreement nor preclude the Department from commencing an action to compel Coterra’s compliance with the terms and conditions of this Consent Order and Agreement. The payment resolves only Coterra’s liability for civil penalties arising from the violations of this Consent Order and Agreement for which the payment is made.
d. Stipulated penalties shall be due automatically and without notice.
Stipulated Civil Penalties a. In the event Republic fails to comply in a timely manner with any term or provision of this Consent Order and Agreement, Republic shall be in violation of this Consent Order and Agreement and, in addition to other applicable remedies, shall pay a civil penalty in the amount determined under the following schedule:
i. For any violation of Paragraph 3.a, 3.b, 3.c, 3.d, and 3.e $100 per day for the first 30 days of each violation, and $200 per day for each violation extending beyond the first 30 days.
ii. For any violation of Republic’s NPDES Permit final effluent limits, Republic shall pay a stipulated penalty as set forth in Exhibit 2.
b. Stipulated civil penalty payments for any violation of Paragraph 3 herein shall be payable monthly on or before the fifteenth day of each succeeding month, and shall be forwarded as described in Paragraph 4 above. Stipulated civil penalties for NPDES Permit effluent limit violations shall be payable monthly on or before the 28th day of each succeeding month in which the effluent violation occurred, and shall be forwarded as described in Paragraph 4 above.
c. Any payment under this Paragraph shall neither waive Republic’s duty to meet its obligations under this Consent Order and Agreement nor preclude the Department from commencing an action to compel Republic’s compliance with the terms and conditions of this Consent Order and Agreement. The payment resolves only Republic’s liability for civil penalties arising from the violation of this Consent Order and Agreement for which the payment is made.
d. Stipulated civil penalties shall be due automatically and without notice.
Stipulated Civil Penalties a. In the event the Municipality fails to comply in a timely manner with any term or provision of this Consent Order and Agreement, the Municipality shall be in violation of this Consent Order and Agreement and, in addition to other applicable remedies, shall pay a civil penalty per day for each violation as follows:
(i) Days 1 through 14 of each violation - $100 per day per violation;
(ii) Days 15 through 30 of each violation - $200 per day per violation;
(iii) Days 31 through 60 of each violation - $300 per day per violation; and
(iv) Days 61 and beyond of each violation - $500 per day per violation.
b. Stipulated civil penalty payments shall be payable monthly on or before the fifteenth day of each succeeding month. The payment shall be made by certified check or the like, made payable to the “Commonwealth of Pennsylvania, Clean Water Fund” and shall be sent to the address in Paragraph 27.
c. Any payment under this Paragraph shall neither waive the Municipality’s duty to meet its obligations under this Consent Order and Agreement nor preclude the Department from commencing an action to compel the Municipality’s compliance with the terms and conditions of this Consent Order and Agreement. The payment resolves only the Municipality’s liability for civil penalties arising from the violation of this Consent Order and Agreement for which the payment is made.
d. Stipulated civil penalties shall be due automatically and without notice.
Stipulated Civil Penalties. (a) In the event Authority fails to comply in a timely manner with any term or provision of this Consent Order and Agreement, Authority shall be in violation of this Consent Order and Agreement, in addition to other applicable remedies, shall pay a civil penalty of Two-Hundred and Fifty Dollars ($250.00) per day of each violation.
(b) Stipulated civil penalty payments shall be payable monthly on or before the fifteenth day of each succeeding month, shall be made payable to the “Commonwealth of Pennsylvania”, and shall be forwarded promptly to: Xxxx Xxxxxxx Compliance Specialist PA DEP / Safe Drinking Water 0 X. Xxxx Xxxxxx Norristown, PA 19401
(c) Any payment under this paragraph shall neither waive Authority of its duty to meet its obligations under this Consent Order and Agreement nor preclude DEP from commencing an action to compel Authority’s compliance with the terms and conditions of this Consent Order and Agreement. The payment resolves only Authority’s liability for civil penalties arising from the violation of this Consent Order and Agreement for which the payment is made.
(d) Stipulated civil penalties shall be due automatically and without notice.
Stipulated Civil Penalties a. In the event Columbia Gas fails to comply in a timely manner with any term or provisions of this Consent Order and Agreement, the Department will notify Columbia in writing of such non-compliance (“Notification of Non-Compliance”) pursuant to Paragraph 10, below. Upon Columbia Gas’ receipt of a Notice of Non-Compliance, Columbia Gas shall have fourteen (14) calendar days to correct all of the issues identified in the Notification of Non- Compliance, or for such period of time as agreed upon by the Department in writing. If Columbia Gas does not correct the issues within the required time, Columbia Gas shall be in violation of this Consent Order and Agreement and, in addition to other applicable remedies, pay a civil penalty in the amount of $250.00 per day for each violation.
b. Stipulated civil penalty payments shall be payable monthly on or before the fifteenth (15th) day of each succeeding month and shall be made by submittal of a bank check, cashier’s check or money order made payable to “The Commonwealth of Pennsylvania - Clean Water Fund” and shall be forwarded as described in Paragraph 9 (Correspondence with the Department).
c. Any payment under this paragraph shall neither waive Columbia Gas’ duty to meet its obligations under this Consent Order and Agreement nor preclude the Department from commencing an action to compel Columbia Gas’ compliance with the terms and conditions of this Consent Order and Agreement. The payment resolves only Columbia Gas’ liability for civil penalties arising from the violation of this Consent Order and Agreement for which the payment is made.
d. Stipulated civil penalties shall be due automatically and without notice.
e. If the Department must bring an action against Columbia Gas to collect any amount, interest, or stipulated penalty due under this Consent Order and Agreement, Columbia Gas shall reimburse the Department for all costs and expenses of such action, including, but not limited to, Department personnel costs and attorneys’ fees.
