Supplemental Environmental Project. The Parties agree that $365,000 of the Stipulated Administrative Civil Liability shall be suspended pending completion of the Supplemental Environmental Project (SEP) described in this paragraph and Exhibits C and D. The suspended portion shall be referred to as the SEP Amount.
Supplemental Environmental Project. The Parties agree that the payment of the SEP Amount is a SEP, and that the SEP Amount will be treated as a suspended administrative civil liability for purposes of this Stipulated Order. The Settling Respondent’s SEP obligations will be satisfactorily completed upon the San Francisco Estuary Institute’s written notification to Regional Water Board staff and Settling Respondent. The written notification shall acknowledge that the Regional Monitoring Program received the SEP Amount from the Settling Respondent and the payment will be spent on the project described in Section III, paragraph 26(c)(i) and Attachment C in accordance with the terms of this Stipulated Order. The San Francisco Estuary Institute’s annual and quarterly financial reports to the Regional Water Board shall be considered a final post-project accounting of expenditures.
Supplemental Environmental Project. As part of the settlement of this enforcement action, Respondent shall complete a pollution prevention (AP2") supplemental environmental project (ASEP@). Performance of the tasks detailed in this Section shall constitute satisfactory performance of the SEP, which the parties agree is intended to provide significant environmental or public health protection and improvements.
Supplemental Environmental Project. The Parties agree that the Suspended Liability specified in Paragraph 14 will be used to fund a SEP. The amount associated with the Project shall be treated as a suspended administrative civil liability at the time of Project completion for purposes of this Order. The San Diego Water Board is entitled to recover any portion of the Suspended Liability that is not expended in accordance with this Order. A detailed project description, including milestones, budgets, and performance measures are attached hereto as Attachment B, and incorporated by this reference.
Supplemental Environmental Project. In response to the violations of the CAA alleged in this Consent Agreement and Final Order and in settlement of this matter, although not required by the CAA or any other federal, state, or local law, Respondent shall complete the SEP described in this Consent Agreement and Final Order, which the parties agree is intended to secure significant environmental or public health protection and improvement.
Supplemental Environmental Project. 100. The Respondent shall install a concrete storm water collection and containment wall (Containment Wall) around the AS Production Unit (former Granulation Unit). The Containment Wall shall be designed and operated to contain all spills and leaks from the process unit, as well as the contaminated storm water runoff. The contaminated storm water runoff shall be reused in the production process. The Containment Wall shall be designed to contain up to a twelve inch, twenty-four hour rainfall event.
Supplemental Environmental Project. 21. Respondent shall implement a Supplement Environmental Project (“SEP”), the value of which may not be less than twenty-nine thousand ($29,000) dollars, which the parties agree is intended to secure significant environmental or public health improvement. The SEP involves the installation of automatic shutdown switches at all leases owned by the Respondent in the Hillsboro Oil Field. These leases are located in Hillsboro Field, Union County, Arkansas. All elements of the SEP shall be completed no later than January 15, 2018.
22. With regard to the SEP, Respondent certifies the truth and accuracy of the following:
a. That all cost information provided to EPA in connection with EPA’s approval of the SEP is complete and accurate.
b. No part of the SEP expenditure shall include federal funds, including low interest federal loans, federal contracts, or federal grants. Respondent may not deduct from its taxes any expenses incurred as part of this settlement.
23. For federal income tax purposes, Xxxxxxxxxx agrees that it will neither capitalize into inventory or basis nor deduct any costs or expenditures incurred in performing the SEP.
24. Whether Respondent has complied with the terms of this CAFO regarding the implementation of the SEP shall be the sole determination of EPA.
25. If Respondent fails to satisfactorily complete the SEP by the deadline set forth above, Respondent shall pay stipulated penalties for each day for which it fails to satisfactorily complete the SEP as follows: Penalty per Violation per Day Period of Non-compliance $200 1st through 30th day $300 31st day and beyond
26. Respondent shall submit a status report by September 15, 2017 summarizing the SEP construction activities.
27. Respondent shall submit a SEP Completion Report to EPA within forty-five (45) days after completion of all SEP activities. The SEP Completion Report shall contain the following information:
a. A detailed description of the SEP, as implemented, including information about the automated switches and the new tank battery construction project;
b. Documentation of the itemized costs of the SEP (e.g., by copies of purchase order, receipts, canceled checks, work orders, reports regarding labor costs, equipment costs, and materials purchased);
c. The copies of approved plans related to each part of the SEP, including any required documentation need by the State of Arkansas (e.g. a Spill Prevention Control and Countermeasure (“SPCC”) plan, and copies of documentation relat...
Supplemental Environmental Project. ACSC has proposed and the MPCA accepts the proposal to perform a Supplemental Environmental Project (SEP) at a cost to ACSC of One Hundred Thousand Dollars ($100,000). The SEP shall include the following: ACSC agrees to pay $100,000 to the West Polk County Soil and Water Conservation District (SWCD). This penalty amount shall be used as part of the Sand Hill River Restoration Project to improve water quality, fish migration and stream bank stabilization in a 10-mile stretch of the Sand Hill River in Polk County. ACSC understands that the actual cost to ACSC of the Project will be One Hundred Thousand Dollars ($100,000). ACSC agrees to expend the amount of money as described, and agrees that ACSC shall receive no payment or other compensation for the work performed in completion of the Project. ACSC shall maintain copies of all invoices, contracts, manifests, receipts, and any and all other documentation of the actual costs ACSC incurs in completing the Project.
Supplemental Environmental Project. As a condition of probation under U.S.S.G. § 8B1.3 (and in conjunction with the defendant’s agreement with the State of Connecticut to make a separate payment of $50,000 to the same account), the defendant has agreed to make a payment totaling $25,000 to the DEP Supplemental Environmental Project (SEP) Account to be used for environmental purposes within the State as deemed appropriate by the DEP. The payment shall be made in the same schedule as addressed above in Section 2(A).1 As a condition of probation under § 8B1.3, if the business of the defendant is sold to a third party prior to October 1, 2012, then the defendant shall pay from the net proceeds of such sale (as hereinafter defined), if any, to the DEP SEP Account to be used for environmental purposes, the lesser of: (1) the sum of One Hundred Thousand Dollars ($100,000.00), or (2) the net proceeds of such sale. For purposes of this paragraph, the term “net proceeds” means the gross sale price minus: (a) any applicable broker’s commission; (b) attorneys fees incurred in the negotiation and closing of such sale; (c) any applicable federal and/or state taxes associated with such sale; (d) search and recording fees; (e) payoff of secured financing obligations of said business existing at the time of said sale; and (f) other obligations required by the purchase agreement to be paid out of the sales proceeds. The payment noted in this paragraph is the same payment incorporated into the defendant’s resolution of the matter with the State of Connecticut and would constitute a single obligation of the defendant. Because the community service payment is designated as community service by an organization, the defendant further agrees that it will not seek any reduction in its tax obligations 1 The defendant, as part of resolving this matter with the State of Connecticut, has also agreed to pay a civil penalty to the State of Connecticut as part of a more detailed stipulated judgment resolving water and waste claims. That agreement also obligates the defendant to prepare and implement a Standard Operations Procedure to ensure proper management of wastewaters and hazardous wastes at its facilities.
Supplemental Environmental Project. CDCR and the Central Valley Water Board agree that the payment specified in Section 8.2 of the Stipulation is a SEP and that the amount specified will be treated as a Suspended Administrative Civil Liability for purposes of this Stipulated Order. Upon CDCR’s payment of its SEP obligations under this Stipulation, the Central Valley Water Board staff shall send CDCR a letter recognizing the satisfactory completion of its SEP obligations. This letter shall terminate any further SEP obligations of CDCR and result in the permanent waiver of the SEP suspended liability.
