Common use of Susceptibility to Cleanup or Abatement Clause in Contracts

Susceptibility to Cleanup or Abatement. A score of 0 is assigned for this factor if 50% or more of the discharge is susceptible to cleanup or abatement. A score of 1 is assigned if less than 50% of the discharge is susceptible to cleanup or abatement. This factor is evaluated regardless of whether the discharge was actually cleaned up or abated by the discharger. In this case, less than 50% of the discharge was susceptible to cleanup or abatement as the wastewater entered Xxxxx Drain. Therefore, a factor of 1 is assigned.

Appears in 1 contract

Samples: Settlement Agreement and Stipulation for Entry of Administrative Civil Liability Order

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Susceptibility to Cleanup or Abatement. A score of 0 is assigned for this factor if the discharger cleans up 50% or more of the discharge is susceptible to cleanup or abatementwithin a reasonable amount of time. A score of 1 is assigned if less than 50% of the discharge is susceptible to cleanup or abatement. This factor is evaluated regardless , or if 50 percent or more of whether the discharge was actually cleaned is susceptible to cleanup or abatement, but the discharger failed to clean up 50 percent or abated by more of the dischargerdischarge within a reasonable time. In this caseFor Violation 1, a factor of 1 is assigned because less than 50% of the discharge was susceptible to cleanup or abatement as the wastewater entered Xxxxx Drain. Therefore, a factor of 1 is assignedabatement.

Appears in 1 contract

Samples: Settlement Agreement

Susceptibility to Cleanup or Abatement. A score of 0 is assigned for this factor if 50% or more of the discharge is susceptible to cleanup or abatement. A score of 1 is assigned if less than 50% of the discharge is susceptible to cleanup or abatement. This factor is evaluated regardless of whether the discharge was actually cleaned up or abated by the discharger. In this case, less than 50% the Discharger did not clean or xxxxx any of the discharge was susceptible sewage discharged to cleanup or abatement as the wastewater entered Xxxxx DrainCold Creek. Therefore, a factor score of 1 is assignedwas assigned to this factor.

Appears in 1 contract

Samples: Settlement Agreement and Stipulation for Entry of Administrative Civil Liability

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Susceptibility to Cleanup or Abatement. A score of 0 is assigned for this factor if 50% or more of the discharge is susceptible to cleanup or abatement. A score of 1 is assigned if less than 50% of the discharge is susceptible to cleanup or abatement. This factor is evaluated regardless of whether the discharge was actually cleaned up or abated by the discharger. In For this case, less than 50% of the discharge was susceptible to cleanup or abatement as the wastewater entered Xxxxx Drain. Thereforeviolation, a factor of 1 is assigned0 was used, as the Discharger reports that in most cases the entire volume of the spill was recovered.

Appears in 1 contract

Samples: Settlement Agreement and Stipulation for Entry of Administrative Civil Liability Order

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