Common use of TERMS OF SETTLEMENT Clause in Contracts

TERMS OF SETTLEMENT. 4.1. Respondent admits the jurisdictional allegations contained in this Consent Agreement. 4.2. Respondent neither admits nor denies the specific factual allegations contained in this Consent Agreement. 4.3. As required by CWA Section 309(g)(3), 33 U.S.C. § 1319(g)(3), EPA has taken into account “the nature, circumstances, extent and gravity of the violation, or violations, and, with respect to the violator, ability to pay, any prior history of such violations, the degree of culpability, economic benefit or savings (if any) resulting from the violation, and such other matters as justice may require.” After considering all of these factors as they apply to this case, EPA has determined that an appropriate penalty to settle this action is $23,950. 4.4. Respondent consents to the assessment of the civil penalty set forth in Paragraph 4.3 and agrees to pay the total civil penalty within 30 days of the effective date of the Final Order. 4.5. Payment under this Consent Agreement and the Final Order may be paid by check (mail or overnight delivery), wire transfer, ACH, or online payment. Payment instructions are available at: xxxx://xxx.xxx.xxx/financial/makepayment. Payments made by check must be payable to the order of “Treasurer, United States of America” and delivered to the following address: Address format for standard delivery (no delivery confirmation requested): U.S. Environmental Protection Agency P.O. Box 979078 St. Louis, Missouri 63197-9000 Address format for signed receipt confirmation (FedEx, DHL, UPS, USPS certified, registered, etc): U.S. Environmental Protection Agency Government Lockbox 979078 0000 Xxxxxxxxxx Xxxxx XX-XX-X0-XX Xx. Xxxxx, Xxxxxxxx 00000 Respondent must note on the check the title and docket number of this action. 4.6. Respondent must serve photocopies of the check, or proof of other payment method described in Paragraph 4.5, on the Regional Hearing Clerk and EPA Region 10 Compliance Officer at the following addresses: Regional Hearing Clerk U.S. Environmental Protection Agency Region 10 X00_XXX@xxx.xxx Xxxxxxx Xxxxxxx U.S. Environmental Protection Agency Region 10 xxxxxxx.xxxxxxx@xxx.xxx 4.7. If Respondent fails to pay the penalty assessed by this Consent Agreement in full by its due date, the entire unpaid balance of penalty and accrued interest shall become immediately due and owing. Such failure may also subject Respondent to a civil action to collect the assessed penalty under the CWA, together with interest, fees, costs, and additional penalties described below. In any collection action, the validity, amount, and appropriateness of the penalty shall not be subject to review.

TERMS OF SETTLEMENT. 4.1. Respondent admits Respondents admit the jurisdictional allegations contained in this Consent Agreement. 4.2. Respondent Respondents neither admits admit nor denies deny the specific factual allegations contained in this Consent Agreement. 4.3. As required by CWA Section 309(g)(3), 33 U.S.C. § 1319(g)(3), EPA has taken into account “the nature, circumstances, extent and gravity of the violation, or violations, and, with respect to the violator, ability to pay, any prior history of such violations, the degree of culpability, economic benefit or savings (if any) resulting from the violation, and such other matters as justice may require.” After considering all of these factors as they apply to this case, EPA has determined that an appropriate penalty to settle this action is $23,95055,500. 4.4. Respondent consents Without admitting or denying the specific factual allegations contained in this Consent Agreement, Respondents consent to the assessment of the civil penalty set forth in Paragraph 4.3 and agrees agree to pay the total civil penalty within 30 days of the effective date of the Final Order. 4.5. Payment under this Consent Agreement and the Final Order may be paid by check (mail or overnight delivery), wire transfer, ACH, or online payment. Payment instructions are available at: xxxx://xxx.xxx.xxx/financial/makepaymentxxxx://xxx0.xxx.xxx/financial/makepayment. Payments made by a cashier’s check or certified check must be payable to the order of “Treasurer, United States of America” and delivered to the following address: Address format for standard delivery (no delivery confirmation requested): U.S. Environmental Protection Agency Fines and Penalties Cincinnati Finance Center P.O. Box 979078 979077 St. Louis, Missouri 63197-9000 Address format for signed receipt confirmation (FedEx, DHL, UPS, USPS certified, registered, etc): U.S. Environmental Protection Agency Government Lockbox 979078 0000 Xxxxxxxxxx Xxxxx XX-XX-X0-XX Xx. Xxxxx, Xxxxxxxx 00000 Respondent Respondents must note on the check the title and docket number of this action. 4.6. Respondent Respondents must serve photocopies of the check, or proof of other payment method described in Paragraph 4.5, on the Regional Hearing Clerk and EPA Region 10 Compliance Officer at the following addresses: Regional Hearing Clerk U.S. Environmental Protection Agency Region 10 10, Mail Stop 11-C07 0000 Xxxxx Xxxxxx, Xxxxx 000 Xxxxxxx, Xxxxxxxxxx 00000 X00_XXX@xxx.xxx Xxxxxxx Xxxxxxx Xxxxxxxx Xxxxx U.S. Environmental Protection Agency Region 10 xxxxxxx.xxxxxxx@xxx.xxx10, Idaho Operations Office 000 Xxxx Xxxxxxx Xxxxxx Xxxxx, Xxxxx 00000 xxxxx.xxxxxxxx@xxx.xxx 4.7. If Respondent fails Respondents fail to pay the penalty assessed by this Consent Agreement in full by its due date, the entire unpaid balance of penalty and accrued interest shall become immediately due and owing. Such failure may also subject Respondent Respondents to a civil action to collect the assessed penalty under the CWA, together with interest, fees, costs, and additional penalties described below. In any collection action, the validity, amount, and appropriateness of the penalty shall not be subject to review.

TERMS OF SETTLEMENT. 4.1. Respondent admits the jurisdictional allegations contained in of this Consent Agreement. 4.2. Respondent neither admits nor denies the specific factual allegations contained in this Consent Agreement. 4.3. As required by CWA Section 309(g)(3311(b)(8), 33 U.S.C. § 1319(g)(31321(b)(8), EPA has taken into account “the seriousness of the alleged violations; Respondent’s economic benefit of noncompliance; the degree of culpability involved; any other penalty for the same incident; any history of prior violations; the nature, circumstancesextent, extent and gravity degree of success of any efforts of the violation, violator to minimize or violations, and, with respect to mitigate the effects of the discharge; the economic impact of the penalty on the violator, ability to pay, ; and any prior history of such violations, the degree of culpability, economic benefit or savings (if any) resulting from the violation, and such other matters as justice may require.” . After considering all of these factors as they apply factors, including Respondent’s agreement to this casepay a $72,000 penalty to the ODEQ for violations of state law arising from the same incident, EPA has determined that an appropriate penalty to settle this action is $23,950135,000. 4.4. Respondent consents to the assessment of the civil penalty set forth in Paragraph 4.3 and agrees to pay the total civil penalty within 30 days of the effective date of the Final Order. 4.5. Payment under this Consent Agreement and the Final Order may be paid by check (mail or overnight delivery), wire transfer, ACH, or online payment. Payment instructions are available at: xxxx://xxx.xxx.xxx/financial/makepaymentxxxx://xxx0.xxx.xxx/financial/makepayment. Payments made by a cashier’s check or certified check must be payable to the order of “Treasurer“Treasurer, United States of America” America” and delivered to the following address: Address format for standard delivery (no delivery confirmation requested): U.S. Environmental Protection Agency Fines and Penalties Cincinnati Finance Center P.O. Box 979078 979077 St. Louis, Missouri MO 63197-9000 Address format for signed receipt confirmation (FedEx, DHL, UPS, USPS certified, registered, etc): U.S. Environmental Protection Agency Government Lockbox 979078 0000 Xxxxxxxxxx Xxxxx XX-XX-X0-XX Xx. Xxxxx, Xxxxxxxx 00000 Respondent must note on the check the title and docket number of this action.action and “Oil Spill Liability Trust Fund - 311.” 4.6. Respondent must serve photocopies of the check, or proof of other payment method described in Paragraph 4.5, on the Regional Hearing Clerk and EPA Region 10 Compliance Officer at the following addresses: Regional Hearing Clerk U.S. Environmental Protection Agency Region 10 10, Mail Stop 11-C07 0000 Xxxxx Xxxxxx, Xxxxx 000 Seattle, Washington 98101 X00_XXX@xxx.xxx Xxxxxxx Xxxxxxx Xxxx Xxxx U.S. Environmental Protection Agency Region 10 xxxxxxx.xxxxxxx@xxx.xxx10, Mail Sxxx 00-C04 0000 Xxxxx Xxxxxx, Xxxxx 000 Seattle, Washington 98101 Xxxx.Xxxxxxx@xxx.xxx 4.7. If Respondent fails to pay the penalty assessed by this Consent Agreement and the Final Order in full by its due date, the entire unpaid balance of penalty and accrued interest shall become immediately due and owing. Such failure may also subject Respondent to a civil action to collect the assessed penalty under the CWA, together with interest, fees, costs, and additional penalties described below. In any collection action, the validity, amount, and appropriateness of the penalty shall not be subject to review.

TERMS OF SETTLEMENT. 4.1. Respondent admits the jurisdictional allegations contained in this Consent Agreement. 4.2. Respondent neither admits nor denies the specific factual allegations contained in this Consent Agreement. 4.3. As required by CWA Section 309(g)(3), 33 U.S.C. § 1319(g)(3), EPA has taken into account “the nature, circumstances, extent and gravity of the violation, or violations, and, with respect to the violator, ability to pay, any prior history of such violations, the degree of culpability, economic benefit or savings (if any) resulting from the violation, and such other matters as justice may require.” After considering all of these factors as they apply to this case, EPA has determined that an appropriate penalty to settle this action is $23,9503,000. 4.4. Respondent consents to the assessment of the civil penalty set forth in Paragraph 4.3 and agrees to pay the total civil penalty within 30 thirty (30) days of the effective date of the Final Order. 4.5. Payment under this Consent Agreement and the Final Order may be paid by check (mail or overnight delivery), wire transfer, ACH, or online payment. Payment instructions are available at: xxxx://xxx.xxx.xxx/financial/makepaymentxxxx://xxx0.xxx.xxx/financial/makepayment. Payments made by a cashier’s check or certified check must be payable to the order of “Treasurer, United States of America” and delivered to the following address: Address format for standard delivery (no delivery confirmation requested): U.S. Environmental Protection Agency Fines and Penalties Cincinnati Finance Center P.O. Box 979078 979077 St. Louis, Missouri 63197-9000 Address format for signed receipt confirmation (FedEx, DHL, UPS, USPS certified, registered, etc): U.S. Environmental Protection Agency Government Lockbox 979078 0000 Xxxxxxxxxx Xxxxx XX-XX-X0-XX Xx. Xxxxx, Xxxxxxxx 00000 Respondent must note on the check the title and docket number of this action. 4.6. Respondent must serve photocopies of the check, or proof of other payment method described in Paragraph 4.5, on the Regional Hearing Clerk and EPA Region 10 Compliance Case Officer at the following addresses: Regional Hearing Clerk U.S. Environmental Protection Agency Region 10 10, Mail Stop 11-C07 0000 Xxxxx Xxxxxx, Xxxxx 000 Xxxxxxx, Xxxxxxxxxx 00000 X00_XXX@xxx.xxx Xxxxxxx Xxxxxxx Xxxx Xxx, Case Officer U.S. Environmental Protection Agency Region 10 xxxxxxx.xxxxxxx@xxx.xxx10, Alaska Operations Office 000 Xxxx Xxxxxxx Xxxxxx, Xx. 00 Xxxxxxxxx, Xxxxxx 00000 xxx.xxxx@xxx.xxx 4.7. If Respondent fails to pay the penalty assessed by this Consent Agreement in full by its due date, the entire unpaid balance of penalty and accrued interest shall become immediately due and owing. Such failure may also subject Respondent to a civil action to collect the assessed penalty under the CWA, together with interest, fees, costs, and additional penalties described below. In any collection action, the validity, amount, and appropriateness of the penalty shall not be subject to review.

TERMS OF SETTLEMENT. 4.1. Respondent admits the jurisdictional allegations contained in this Consent Agreement. 4.2. Respondent neither admits nor denies the specific factual allegations contained in this Consent Agreement. 4.3. As required by CWA Section 309(g)(3), 33 U.S.C. § 1319(g)(3), EPA has taken into account “the nature, circumstances, extent and gravity of the violation, or violations, and, with respect to the violator, ability to pay, any prior history of such violations, the degree of culpability, economic benefit or savings (if any) resulting from the violation, and such other matters as justice may require.” After considering all of these factors as they apply to this case, EPA has determined that an appropriate penalty to settle this action is $23,95064,800. 4.4. Respondent consents to the assessment of the civil penalty set forth in Paragraph 4.3 and agrees to pay the total civil penalty within 30 days of the effective date of the Final Order. 4.5. Payment under this Consent Agreement and the Final Order may be paid by check (mail or overnight delivery), wire transfer, ACH, or online payment. Payment instructions are available at: xxxx://xxx.xxx.xxx/financial/makepaymentxxxx://xxx0.xxx.xxx/financial/makepayment. Payments made by a cashier’s check or certified check must be payable to the order of “Treasurer, United States of America” and delivered to the following address: Address format for standard delivery (no delivery confirmation requested): U.S. Environmental Protection Agency Fines and Penalties Cincinnati Finance Center P.O. Box 979078 979077 St. Louis, Missouri MO 63197-9000 Address format for signed receipt confirmation (FedEx, DHL, UPS, USPS certified, registered, etc): U.S. Environmental Protection Agency Government Lockbox 979078 0000 Xxxxxxxxxx Xxxxx XX-XX-X0-XX Xx. Xxxxx, Xxxxxxxx 00000 Respondent must note on the check the title and docket number of this action. 4.6. Respondent must serve photocopies of the check, or proof of other payment method described in Paragraph 4.5, on the Regional Hearing Clerk and EPA Region 10 Compliance Officer at the following addresses: Regional Hearing Clerk U.S. Environmental Protection Agency Region 10 10, Mail Stop 11-C07 0000 Xxxxx Xxxxxx, Xxxxx 000 Xxxxxxx, XX 00000 X00_XXX@xxx.xxx Xxxxxxx Xxxxxxx Xxxxxxxx Xxxxx U.S. Environmental Protection Agency Region 10 xxxxxxx.xxxxxxx@xxx.xxx00 000 X Xxxxxxx, Xxxxx 000 Xxxxx, XX 00000 xxxxx.xxxxxxxx@xxx.xxx 4.7. If Respondent fails to pay the penalty assessed by this Consent Agreement in full by its due date, the entire unpaid balance of penalty and accrued interest shall become immediately due and owing. Such failure may also subject Respondent to a civil action to collect the assessed penalty under the CWA, together with interest, fees, costs, and additional penalties described below. In any collection action, the validity, amount, and appropriateness of the penalty shall not be subject to review.

TERMS OF SETTLEMENT. 4.1. Respondent admits the jurisdictional allegations contained in this Consent Agreement. 4.2. Respondent neither admits nor denies the specific factual allegations contained in this Consent Agreement. 4.3. As required by CWA Section 309(g)(3), 33 U.S.C. § 1319(g)(3), the EPA has taken into account “the nature, circumstances, extent and gravity of the violation, or violations, and, with respect to the violator, ability to pay, any prior history of such violations, the degree of culpability, economic benefit or savings (if any) resulting from the violation, and such other matters as justice may require.” After considering all of these factors as they apply to this case, EPA has determined that an appropriate penalty to settle this action is $23,95015,000. 4.4. Respondent consents to the assessment of the civil penalty set forth in Paragraph 4.3 and agrees to pay the total civil penalty within 30 days of the effective date of the Final Order. 4.5. Payment under this Consent Agreement and the Final Order may be paid by check (mail or overnight delivery), wire transfer, ACH, or online payment. Payment instructions are available at: xxxx://xxx.xxx.xxx/financial/makepaymentxxxx://xxx0.xxx.xxx/financial/makepayment. Payments made by a cashier’s check or certified check must be payable to the order of “Treasurer, United States of America” and delivered to the following address: Address format for standard delivery (no delivery confirmation requested): U.S. Environmental Protection Agency Fines and Penalties Cincinnati Finance Center P.O. Box 979078 979077 St. Louis, Missouri MO 63197-9000 Address format for signed receipt confirmation (FedEx, DHL, UPS, USPS certified, registered, etc): U.S. Environmental Protection Agency Government Lockbox 979078 0000 Xxxxxxxxxx Xxxxx XX-XX-X0-XX Xx. Xxxxx, Xxxxxxxx 00000 Respondent must note on the check the title and docket number of this action. 4.6. Respondent must serve photocopies of the check, or proof of other payment method described in Paragraph 4.5, on the Regional Hearing Clerk and EPA Region 10 Compliance Officer at the following addresses: Regional Hearing Clerk U.S. Environmental Protection Agency Region 10 10, Mail Stop 00-X00 0000 Xxxxx Xxxxxx, Xxxxx 000 Xxxxxxx, XX 00000 X00_XXX@xxx.xxx Xxxxxxx Xxxxxxx Xxxxx Xxxxx U.S. Environmental Protection Agency Region 10 xxxxxxx.xxxxxxx@xxx.xxx10, Idaho Operations Office 000 X. Xxxxxxx Xxxxxx, Xxxxx 000 Mail Code: XXX Xxxxx, ID 83702 xxxxx.xxxxx@xxx.xxx 4.7. If Respondent fails to pay the penalty assessed by this Consent Agreement in full by its due date, the entire unpaid balance of penalty and accrued interest shall become immediately due and owing. Such failure may also subject Respondent to a civil action to collect the assessed penalty under the CWA, together with interest, fees, costs, and additional penalties described below. In any collection action, the validity, amount, and appropriateness of the penalty shall not be subject to review.

TERMS OF SETTLEMENT. 4.1. Respondent admits Respondents admit the jurisdictional allegations contained in this Consent Agreement. 4.2. Respondent Respondents neither admits admit nor denies deny the specific factual allegations contained in this Consent Agreement. 4.3. As required by CWA Section 309(g)(3), 33 U.S.C. § 1319(g)(3), EPA has taken into account “the nature, circumstances, extent and gravity of the violation, or violations, and, with respect to the violator, ability to pay, any prior history of such violations, the degree of culpability, economic benefit or savings (if any) resulting from the violation, and such other matters as justice may require.” After considering all of these factors as they apply to this case, EPA has determined that an appropriate penalty to settle this action is $23,950193,000. 4.4. Respondent consents Respondents consent to the assessment of the civil penalty set forth in Paragraph 4.3 and agrees agree to pay the total civil penalty within 30 days of the effective date of the Final Order. 4.5. Payment under this Consent Agreement and the Final Order may be paid by check (mail or overnight delivery), wire transfer, ACH, or online payment. Payment instructions are available at: xxxx://xxx.xxx.xxx/financial/makepayment. Payments made by check must be payable to the order of “Treasurer, United States of America” and delivered to the following address: Address format for standard delivery (no delivery confirmation requested): U.S. Environmental Protection Agency P.O. Box 979078 St. Louis, Missouri 63197-9000 Address format for signed receipt confirmation (FedEx, DHL, UPS, USPS certified, registered, etc): U.S. Environmental Protection Agency Government Lockbox 979078 0000 Xxxxxxxxxx Xxxxx XX-XX-X0-XX Xx. Xxxxx, Xxxxxxxx 00000 Respondent Respondents must note on the check the title and docket number of this action. 4.6. Respondent Respondents must serve photocopies of the check, or proof of other payment method described in Paragraph 4.5, on the Regional Hearing Clerk and EPA Region 10 Compliance Officer at the following addresses: Regional Hearing Clerk U.S. Environmental Protection Agency Region 10 X00_XXX@xxx.xxx Xxxxxxx Xxxxxxx U.S. Environmental Protection Agency Region 10 xxxxxxx.xxxxxxx@xxx.xxx 4.7. If Respondent fails Respondents fail to pay the penalty assessed by this Consent Agreement in full by its due date, the entire unpaid balance of penalty and accrued interest shall become immediately due and owing. Such failure may also subject Respondent Respondents to a civil action to collect the assessed penalty under the CWA, together with interest, fees, costs, and additional penalties described below. In any collection action, the validity, amount, and appropriateness of the penalty shall not be subject to review.

TERMS OF SETTLEMENT. 4.1. Respondent admits the jurisdictional allegations contained in this Consent Agreement. 4.2. Respondent neither admits nor denies the specific factual allegations contained in this Consent Agreement. 4.3. As required by CWA Section 309(g)(3), 33 U.S.C. § 1319(g)(3), the EPA has taken into account “the nature, circumstances, extent extent, and gravity of the violation, or violations, and, with respect to the violator, ability to pay, any prior history of such violations, the degree of culpability, economic benefit or savings (if any) resulting from the violationviolations, and such other matters as justice may require.” After considering all of these factors as they apply to this case, EPA has determined that an appropriate penalty to settle this action is $23,95039,750. 4.4. Respondent consents to the assessment of the civil penalty set forth in Paragraph 4.3 and agrees to pay the total civil penalty within 30 days of the effective date of the Final Order. 4.5. Payment under this Consent Agreement and the Final Order may be paid by check (mail or overnight delivery), wire transfer, ACH, or online payment. Payment instructions are available at: xxxx://xxx.xxx.xxx/financial/makepaymentxxxx://xxx0.xxx.xxx/financial/makepayment. Payments made by a cashier’s check or certified check must be payable to the order of “Treasurer, United States of America” and delivered to the following address: Address format for standard delivery (no delivery confirmation requested): U.S. Environmental Protection Agency Fines and Penalties Cincinnati Finance Center P.O. Box 979078 979077 St. Louis, Missouri 63197-9000 Address format for signed receipt confirmation (FedEx, DHL, UPS, USPS certified, registered, etc): U.S. Environmental Protection Agency Government Lockbox 979078 0000 Xxxxxxxxxx Xxxxx XX-XX-X0-XX Xx. Xxxxx, Xxxxxxxx 00000 Respondent must note on the check the title and docket number of this action. 4.6. Concurrent with payment, Respondent must serve photocopies of the check, or proof of other payment method described in Paragraph 4.5, on the Regional Hearing Clerk and EPA Region 10 Compliance Officer at the following addresses: Regional Hearing Clerk Chae Park U.S. Environmental Protection Agency U.S. Environmental Protection Agency Region 10 X00_XXX@xxx.xxx Xxxxxxx Xxxxxxx U.S. Environmental Protection Agency 10, Mail Stop 11-C07 Region 10 xxxxxxx.xxxxxxx@xxx.xxx10, Mail Stop 20-C04 0000 Xxxxx Xxxxxx, Suite 000 0000 Xxxxx Xxxxxx, Xxxxx 000 Seattle, Washington 98101 Seattle, Washington 98101 xxxxx.xxxxxx@xxx.xxx xxxx.xxxx@xxx.xxx 4.7. If Respondent fails to pay the penalty assessed by this Consent Agreement in full by its due date, the entire unpaid balance of penalty and accrued interest shall become immediately due and owing. Such failure may also subject Respondent to a civil action to collect the assessed penalty under the CWA, together with interest, fees, costs, and additional penalties described below. In any collection action, the validity, amount, and appropriateness of the penalty shall not be subject to review.

TERMS OF SETTLEMENT. 4.1. Respondent admits the jurisdictional allegations contained in this Consent Agreement. 4.2. Respondent neither admits nor denies the specific factual allegations contained in this Consent Agreement. 4.3. As required by CWA Section 309(g)(3), 33 U.S.C. § 1319(g)(3), EPA has taken into account “the nature, circumstances, extent and gravity of the violation, or violations, and, with respect to the violator, ability to pay, any prior history of such violations, the degree of culpability, economic benefit or savings (if any) resulting from the violation, and such other matters as justice may require.” After considering all of these factors as they apply to this case, EPA has determined that an appropriate penalty to settle this action is $23,95050,300. 4.4. Respondent consents to the assessment of the civil penalty set forth in Paragraph 4.3 and agrees to pay the total civil penalty within 30 days of the effective date of the Final Order. 4.5. Payment under this Consent Agreement and the Final Order may be paid by check (mail or overnight delivery), wire transfer, ACH, or online payment. Payment instructions are available at: xxxx://xxx.xxx.xxx/financial/makepaymentxxxx://xxx0.xxx.xxx/financial/makepayment. Payments made by a cashier’s check or certified check must be payable to the order of “Treasurer, United States of America” and delivered to the following address: Address format for standard delivery (no delivery confirmation requested): U.S. Environmental Protection Agency Fines and Penalties Cincinnati Finance Center P.O. Box 979078 979077 St. Louis, Missouri MO 63197-9000 Address format for signed receipt confirmation (FedEx, DHL, UPS, USPS certified, registered, etc): U.S. Environmental Protection Agency Government Lockbox 979078 0000 Xxxxxxxxxx Xxxxx XX-XX-X0-XX Xx. Xxxxx, Xxxxxxxx 00000 Respondent must note on the check the title and docket number of this action. 4.6. Respondent must serve photocopies of the check, or proof of other payment method described in Paragraph 4.5, on the Regional Hearing Clerk and EPA Region 10 Compliance Officer at the following addresses: Regional Hearing Clerk U.S. Environmental Protection Agency Region 10 10, Mail Stop 00-X00 0000 Xxxxx Xxxxxx, Xxxxx 000 Xxxxxxx, XX 00000 X00_XXX@xxx.xxx Xxxxxxx Xxxxxxx Xxxxx Xxxx U.S. Environmental Protection Agency Region 10 xxxxxxx.xxxxxxx@xxx.xxx10, Mail Stop 20-C04 0000 Xxxxx Xxxxxx, Xxxxx 000 Xxxxxxx, XX 00000 xxxx.xxxxx@xxx.xxx 4.7. If Respondent fails to pay the penalty assessed by this Consent Agreement in full by its due date, the entire unpaid balance of penalty and accrued interest shall become immediately due and owing. Such failure may also subject Respondent to a civil action to collect the assessed penalty under the CWA, together with interest, fees, costs, and additional penalties described below. In any collection action, the validity, amount, and appropriateness of the penalty shall not be subject to review.

TERMS OF SETTLEMENT. 4.1. Respondent admits the jurisdictional allegations contained in this Consent Agreement. 4.2. Respondent neither admits nor denies the specific factual allegations contained in this Consent Agreement. 4.3. As required by CWA Section 309(g)(3), 33 U.S.C. § 1319(g)(3), the EPA has taken into account “the nature, circumstances, extent and gravity of the violation, or violations, and, with respect to the violator, ability to pay, any prior history of such violations, the degree of culpability, economic benefit or savings (if any) resulting from the violation, and such other matters as justice may require.” After considering all of these factors as they apply to this case, EPA has determined that an appropriate penalty to settle this action is $23,950133,225. 4.4. Respondent consents to the assessment of the civil penalty set forth in Paragraph 4.3 and agrees to pay the total civil penalty within 30 days of the effective date of the Final Order. 4.5. Payment under this Consent Agreement and the Final Order may be paid by check (mail or overnight delivery), wire transfer, ACH, or online payment. Payment instructions are available at: xxxx://xxx.xxx.xxx/financial/makepaymentxxxx://xxx0.xxx.xxx/financial/makepayment. Payments made by a cashier’s check or certified check must be payable to the order of “Treasurer, United States of America” and delivered to the following address: Address format for standard delivery (no delivery confirmation requested): U.S. Environmental Protection Agency Fines and Penalties Cincinnati Finance Center P.O. Box 979078 979077 St. Louis, Missouri MO 63197-9000 Address format for signed receipt confirmation (FedEx, DHL, UPS, USPS certified, registered, etc): U.S. Environmental Protection Agency Government Lockbox 979078 0000 Xxxxxxxxxx Xxxxx XX-XX-X0-XX Xx. Xxxxx, Xxxxxxxx 00000 Respondent must note on the check the title and docket number of this action. 4.6. Respondent must serve photocopies of the check, or proof of other payment method described in Paragraph 4.5, on the Regional Hearing Clerk and EPA Region 10 Compliance Officer at the following addresses: Regional Hearing Clerk U.S. Environmental Protection Agency Region 10 X00_XXX@xxx.xxx Xxxxxxx Xxxxxxx U.S. Environmental Protection Agency U.S. Environmental Protection Agency Region 10 xxxxxxx.xxxxxxx@xxx.xxx10, Mail Stop 11-C07 Region 10, Mail Stop 20-C04 0000 Xxxxx Xxxxxx, Suite 000 0000 Xxxxx Xxxxxx, Xxxxx 000 Seattle, WA 98101 Seattle, WA 98101 X00_XXX@xxx.xxx Xxxxxxx.xxxxxxx@xxx.xxx 4.7. If Respondent fails to pay the penalty assessed by this Consent Agreement in full by its due date, the entire unpaid balance of penalty and accrued interest shall become immediately due and owing. Such failure may also subject Respondent to a civil action to collect the assessed penalty under the CWA, together with interest, fees, costs, and additional penalties described below. In any collection action, the validity, amount, and appropriateness of the penalty shall not be subject to review. X00_XXX@xxx.xxx a. Interest. Pursuant to CWA Section 309(g)(9), 33 U.S.C. § 1319(g)(9), any unpaid portion of the assessed penalty shall bear interest at a rate established by the Secretary of Treasury pursuant to 31 U.S.C. § 3717(a)(1) from the effective date of the Final Order set forth in Part V, provided however, that no interest shall be payable on any portion of the assessed penalty that is paid within 30 days of the effective date of the Final Order. b. Attorneys’ Fees, Collection Costs, Nonpayment Penalty. Pursuant to CWA Section 309(g)(9), 33 U.S.C. § 1319(g)(9), if Respondent fails to pay on a timely basis the penalty set forth in Paragraph 4.3, Respondent shall pay (in addition to any assessed penalty and interest) attorneys’ fees and costs for collection proceedings and a quarterly nonpayment penalty for each quarter during which such failure to pay persists. Such nonpayment penalty shall be in an amount equal to 20% of the aggregate amount of Respondent’s penalties and nonpayment penalties which are unpaid as of the beginning of such quarter. DATED: FOR COMPLAINANT: XXXXXX XXXXXXXX Digitally signed by XXXXXX XXXXXXXX Date: 2020.11.06 11:19:56 -08'00' XXXXXX X. XXXXXXXX Director Enforcement and Compliance Assurance Division EPA Region 10 In the Matter of: KAG WEST, LLC Tacoma, Washington Respondent. DOCKET NO. CWA-10-2021-0007 FINAL ORDER Proceedings Under Section 309(g) of the Clean Water Act, 33 U.S.C. § 1319(g) 1. The Administrator has delegated the authority to issue this Final Order to the Regional Administrator of the U.S. Environmental Protection Agency (EPA) Region 10, who has in turn delegated this authority to the Regional Judicial Officer in EPA Region 10. 2. The terms of the foregoing Consent Agreement are ratified and incorporated by reference into this Final Order. Respondent is ordered to comply with the terms of settlement. 3. The Consent Agreement and this Final Order constitute a settlement by EPA of all claims for civil penalties pursuant to the Clean Water Act (CWA) for the violations alleged in Part III of the Consent Agreement. In accordance with 40 C.F.R. § 22.31(a), nothing in this Final Order shall affect the right of EPA or the United States to pursue appropriate injunctive or other equitable relief or criminal sanctions for any violations of law. This Final Order does not waive, extinguish, or otherwise affect Respondent’s obligations to comply with all applicable provisions of the CWA and regulations promulgated or permits issued thereunder. 4. This Final Order shall become effective upon filing.

TERMS OF SETTLEMENT. 4.1. Respondent admits the jurisdictional allegations contained in this Consent Agreement. 4.2. Respondent neither admits nor denies the specific factual allegations contained in this Consent Agreement. 4.3. As required by CWA Section 309(g)(3), 33 U.S.C. § 1319(g)(3), the EPA has taken into account “the nature, circumstances, extent extent, and gravity of the violation, or violations, and, with respect to the violator, ability to pay, any prior history of such violations, the degree of culpability, economic benefit or savings (if any) resulting from the violationviolations, and such other matters as justice may require.” After considering all of these factors as they apply to this case, EPA has determined that an appropriate penalty to settle this action is $23,95015,000. 4.4. Respondent consents to the assessment of the civil penalty set forth in Paragraph 4.3 and agrees to pay the total civil penalty within 30 days of the effective date of the Final Order. 4.5. Payment under this Consent Agreement and the Final Order may be paid by check (mail or overnight delivery), wire transfer, ACH, or online payment. Payment instructions are available at: xxxx://xxx.xxx.xxx/financial/makepaymentxxxx://xxx0.xxx.xxx/financial/makepayment. Payments made by a cashier’s check or certified check must be payable to the order of “Treasurer, United States of America” and delivered to the following address: Address format for standard delivery (no delivery confirmation requested): U.S. Environmental Protection Agency Fines and Penalties Cincinnati Finance Center P.O. Box 979078 979077 St. Louis, Missouri 63197-9000 Address format for signed receipt confirmation (FedEx, DHL, UPS, USPS certified, registered, etc): U.S. Environmental Protection Agency Government Lockbox 979078 0000 Xxxxxxxxxx Xxxxx XX-XX-X0-XX Xx. Xxxxx, Xxxxxxxx 00000 Respondent must note on the check the title and docket number of this action. 4.6. Concurrent with payment, Respondent must serve photocopies of the check, or proof of other payment method described in Paragraph 4.5, on the Regional Hearing Clerk and EPA Region 10 Compliance Officer at the following addresses: Regional Hearing Clerk U.S. Environmental Protection Agency Region 10 10, Mail Stop 11-C07 0000 Xxxxx Xxxxxx, Xxxxx 000 Xxxxxxx, Xxxxxxxxxx 00000 X00_XXX@xxx.xxx Xxxxxxx Xxxxxxx Chae Park U.S. Environmental Protection Agency Region 10 xxxxxxx.xxxxxxx@xxx.xxx10, Mail Stop 20-C04 0000 Xxxxx Xxxxxx, Xxxxx 000 Xxxxxxx, Xxxxxxxxxx 00000 xxxx.xxxx@xxx.xxx 4.7. If Respondent fails to pay the penalty assessed by this Consent Agreement in full by its due date, the entire unpaid balance of penalty and accrued interest shall become immediately due and owing. Such failure may also subject Respondent to a civil action to collect the assessed penalty under the CWA, together with interest, fees, costs, and additional penalties described below. In any collection action, the validity, amount, and appropriateness of the penalty shall not be subject to review.

TERMS OF SETTLEMENT. 4.1. Respondent admits the jurisdictional allegations contained in this Consent Agreement. 4.2. Respondent neither admits nor denies the specific factual allegations contained in this Consent Agreement. 4.3. As required by CWA Section 309(g)(3), 33 U.S.C. § 1319(g)(3), the EPA has taken into account “the nature, circumstances, extent and gravity of the violation, or violations, and, with respect to the violator, ability to pay, any prior history of such violations, the degree of culpability, economic benefit or savings (if any) resulting from the violation, and such other matters as justice may require.” After considering all of these factors as they apply to this case, EPA has determined that an appropriate penalty to settle this action is $23,95062,000. 4.4. Respondent consents to the assessment of the civil penalty set forth in Paragraph 4.3 and agrees to pay the total civil penalty within 30 days of the effective date of the Final Order. 4.5. Payment under this Consent Agreement and the Final Order may be paid by check (mail or overnight delivery), wire transfer, ACH, or online payment. Payment instructions are available at: xxxx://xxx.xxx.xxx/financial/makepaymentxxxx://xxx0.xxx.xxx/financial/makepayment. Payments made by a cashier’s check or certified check must be payable to the order of “Treasurer, United States of America” and delivered to the following address: Address format for standard delivery (no delivery confirmation requested): U.S. Environmental Protection Agency Fines and Penalties Cincinnati Finance Center P.O. Box 979078 979077 St. Louis, Missouri MO 63197-9000 Address format for signed receipt confirmation (FedEx, DHL, UPS, USPS certified, registered, etc): U.S. Environmental Protection Agency Government Lockbox 979078 0000 Xxxxxxxxxx Xxxxx XX-XX-X0-XX Xx. Xxxxx, Xxxxxxxx 00000 Respondent must note on the check the title and docket number of this action. 4.6. Respondent must serve photocopies of the check, or proof of other payment method described in Paragraph 4.5, on the Regional Hearing Clerk and EPA Region 10 Compliance Officer at the following addresses: Regional Hearing Clerk Xxxxxx Xxx U.S. Environmental Protection Agency U.S. Environmental Protection Agency Region 10 10, Mail Stop 11-C07 Region 10, Mail Stop 20-C04 0000 Xxxxx Xxxxxx, Suite 000 0000 Xxxxx Xxxxxx, Xxxxx 000 Seattle, WA 98101 Seattle, WA 98101 X00_XXX@xxx.xxx Xxxxxxx Xxxxxxx U.S. Environmental Protection Agency Region 10 xxxxxxx.xxxxxxx@xxx.xxxxxx.xxxxxx@xxx.xxx 4.7. If Respondent fails to pay the penalty assessed by this Consent Agreement in full by its due date, the entire unpaid balance of penalty and accrued interest shall become immediately due and owing. Such failure may also subject Respondent to a civil action to collect the assessed penalty under the CWA, together with interest, fees, costs, and additional penalties described below. In any collection action, the validity, amount, and appropriateness of the penalty shall not be subject to review.

TERMS OF SETTLEMENT. 4.1. Respondent admits the jurisdictional allegations contained in this Consent Agreement. 4.2. Respondent neither admits nor denies the specific factual allegations contained in this Consent Agreement. 4.3. As required by CWA Section 309(g)(3), 33 U.S.C. § 1319(g)(3), the EPA has taken into account “the nature, circumstances, extent and gravity of the violation, or violations, and, with respect to the violator, ability to pay, any prior history of such violations, the degree of culpability, economic benefit or savings (if any) resulting from the violation, and such other matters as justice may require.” After considering all of these factors as they apply to this case, EPA has determined that an appropriate penalty to settle this action is $23,950133,225. 4.4. Respondent consents to the assessment of the civil penalty set forth in Paragraph 4.3 and agrees to pay the total civil penalty within 30 days of the effective date of the Final Order. 4.5. Payment under this Consent Agreement and the Final Order may be paid by check (mail or overnight delivery), wire transfer, ACH, or online payment. Payment instructions are available at: xxxx://xxx.xxx.xxx/financial/makepaymentxxxx://xxx0.xxx.xxx/financial/makepayment. Payments made by a cashier’s check or certified check must be payable to the order of “Treasurer, United States of America” and delivered to the following address: Address format for standard delivery (no delivery confirmation requested): U.S. Environmental Protection Agency Fines and Penalties Cincinnati Finance Center P.O. Box 979078 979077 St. Louis, Missouri MO 63197-9000 Address format for signed receipt confirmation (FedEx, DHL, UPS, USPS certified, registered, etc): U.S. Environmental Protection Agency Government Lockbox 979078 0000 Xxxxxxxxxx Xxxxx XX-XX-X0-XX Xx. Xxxxx, Xxxxxxxx 00000 Respondent must note on the check the title and docket number of this action. 4.6. Respondent must serve photocopies of the check, or proof of other payment method described in Paragraph 4.5, on the Regional Hearing Clerk and EPA Region 10 Compliance Officer at the following addresses: Regional Hearing Clerk U.S. Environmental Protection Agency Region 10 X00_XXX@xxx.xxx Xxxxxxx Xxxxxxx U.S. Environmental Protection Agency U.S. Environmental Protection Agency Region 10 xxxxxxx.xxxxxxx@xxx.xxx10, Mail Stop 11-C07 Region 10, Mail Stop 20-C04 0000 Xxxxx Xxxxxx, Suite 000 0000 Xxxxx Xxxxxx, Xxxxx 000 Seattle, WA 98101 Seattle, WA 98101 X00_XXX@xxx.xxx Xxxxxxx.xxxxxxx@xxx.xxx 4.7. If Respondent fails to pay the penalty assessed by this Consent Agreement in full by its due date, the entire unpaid balance of penalty and accrued interest shall become immediately due and owing. Such failure may also subject Respondent to a civil action to collect the assessed penalty under the CWA, together with interest, fees, costs, and additional penalties described below. In any collection action, the validity, amount, and appropriateness of the penalty shall not be subject to review. X00_XXX@xxx.xxx a. Interest. Pursuant to CWA Section 309(g)(9), 33 U.S.C. § 1319(g)(9), any unpaid portion of the assessed penalty shall bear interest at a rate established by the Secretary of Treasury pursuant to 31 U.S.C. § 3717(a)(1) from the effective date of the Final Order set forth in Part V, provided however, that no interest shall be payable on any portion of the assessed penalty that is paid within 30 days of the effective date of the Final Order. b. Attorneys’ Fees, Collection Costs, Nonpayment Penalty. Pursuant to CWA Section 309(g)(9), 33 U.S.C. § 1319(g)(9), if Respondent fails to pay on a timely basis the penalty set forth in Paragraph 4.3, Respondent shall pay (in addition to any assessed penalty and interest) attorneys’ fees and costs for collection proceedings and a quarterly nonpayment penalty for each quarter during which such failure to pay persists. Such nonpayment penalty shall be in an amount equal to 20% of the aggregate amount of Respondent’s penalties and nonpayment penalties which are unpaid as of the beginning of such quarter.

TERMS OF SETTLEMENT. 4.1. Respondent admits the jurisdictional allegations contained in this Consent Agreement. 4.2. Respondent neither admits nor denies the specific factual allegations contained in this Consent Agreement. 4.3. As required by CWA Section 309(g)(3), 33 U.S.C. § 1319(g)(3), EPA has taken into account “the nature, circumstances, extent and gravity of the violation, or violations, and, with respect to the violator, ability to pay, any prior history of such violations, the degree of culpability, economic benefit or savings (if any) resulting from the violation, and such other matters as justice may require.” After considering all of these factors as they apply to this case, EPA has determined that an appropriate penalty to settle this action is $23,95050,300. 4.4. Respondent consents to the assessment of the civil penalty set forth in Paragraph 4.3 and agrees to pay the total civil penalty within 30 days of the effective date of the Final Order. 4.5. Payment under this Consent Agreement and the Final Order may be paid by check (mail or overnight delivery), wire transfer, ACH, or online payment. Payment instructions are available at: xxxx://xxx.xxx.xxx/financial/makepaymentxxxx://xxx0.xxx.xxx/financial/makepayment. Payments made by a cashier’s check or certified check must be payable to the order of “Treasurer, United States of America” and delivered to the following address: Address format for standard delivery (no delivery confirmation requested): U.S. Environmental Protection Agency Fines and Penalties Cincinnati Finance Center P.O. Box 979078 979077 St. Louis, Missouri MO 63197-9000 Address format for signed receipt confirmation (FedEx, DHL, UPS, USPS certified, registered, etc): U.S. Environmental Protection Agency Government Lockbox 979078 0000 Xxxxxxxxxx Xxxxx XX-XX-X0-XX Xx. Xxxxx, Xxxxxxxx 00000 Respondent must note on the check the title and docket number of this action. 4.6. Respondent must serve photocopies of the check, or proof of other payment method described in Paragraph 4.5, on the Regional Hearing Clerk and EPA Region 10 Compliance Officer at the following addresses: Regional Hearing Clerk U.S. Environmental Protection Agency Region 10 10, Mail Stop 00-X00 0000 Xxxxx Xxxxxx, Xxxxx 000 Xxxxxxx, XX 00000 X00_XXX@xxx.xxx Xxxxxxx Xxxxxxx Xxxxx Xxxx U.S. Environmental Protection Agency Region 10 xxxxxxx.xxxxxxx@xxx.xxx10, Mail Stop 20-C04 0000 Xxxxx Xxxxxx, Xxxxx 000 Xxxxxxx, XX 00000 xxxx.xxxxx@xxx.xxx 4.7. If Respondent fails to pay the penalty assessed by this Consent Agreement in full by its due date, the entire unpaid balance of penalty and accrued interest shall become immediately due and owing. Such failure may also subject Respondent to a civil action to collect the assessed penalty under the CWA, together with interest, fees, costs, and additional penalties described below. In any collection action, the validity, amount, and appropriateness of the penalty shall not be subject to review.

TERMS OF SETTLEMENT. 4.1. Respondent admits the jurisdictional allegations contained in this Consent Agreement. 4.2. Respondent neither admits nor denies the specific factual allegations contained in this Consent Agreement. 4.3. As required by CWA Section 309(g)(3), 33 U.S.C. § 1319(g)(3), EPA has taken into account “considered "the nature, circumstances, extent and gravity of the ofthe violation, or violations, and, with respect to the violator, ability to pay, any prior history of such ofsuch violations, the degree of culpability, economic benefit or savings (if anyifany) resulting from the violation, and such other matters as justice may require.” " After considering all of these factors as they apply to this case, EPA has determined that an appropriate penalty to settle this action is $23,95070,881.00. 4.4. Respondent consents to the assessment of the ofthe civil penalty set forth in Paragraph 4.3 and agrees to pay the total civil penalty within 30 days of the ofthe effective date of the ofthe Final Order. 4.5. Payment under this Consent Agreement and the Final Order may be paid by check (mail or overnight delivery), wire transfer, ACH, or online payment. Payment instructions instrnctions are available at: xxxx://xxx.xxx.xxx/financial/makepayment. Payments made by check must be payable to the order of “Treasurerof"Treasurer, United States of America” " and delivered to the following address: Address format for standard delivery (no delivery confirmation requested): U.S. Environmental Protection Agency P.O. Box 979078 979077 St. Louis, Missouri 63197MO 00 000-9000 Address format for signed receipt confirmation (FedEx, DHL, UPS, USPS certified, registered, etc): 0000 U.S. Environmental Protection Agency Government Lockbox 979078 0000 Xxxxxxxxxx Xxxxx XX979077 I 005 Convention Plaza SL-XXMO-X0C2-XX Xx. XxxxxGL St. Louis, Xxxxxxxx 00000 MO 63 101 Respondent must note on the check the title and docket number of this action. 4.6. Respondent must serve photocopies of the ofthe check, or proof of proofof other payment method described in Paragraph 4.5, on the Regional Hearing Clerk and EPA Region 10 Compliance Officer at the following addresses: Regional Hearing Clerk U.S. Environmental Protection Agency Region 10 X00_XXX@xxx.xxx Xxxxxxx RI X_XXX@xxx.xxx Xxxx Xxxxxxx U.S. Environmental Protection Agency Region 10 xxxxxxx.xxxxxxx@xxx.xxxXxxxxxx.Xxxx@xxx.xxx 4.7. If Respondent fails to pay the penalty assessed by this Consent Agreement in full by its due date, the entire unpaid balance of penalty ofpenalty and accrued accrned interest shall become immediately due and owing. Such failure may also subject Respondent to a civil action to collect the assessed penalty under the CWA, together with interest, fees, costs, and additional penalties described below. In any collection action, the validity, amount, and appropriateness of the penalty shall not be subject to review.

TERMS OF SETTLEMENT. 4.1. Respondent admits Respondents admit the jurisdictional allegations contained in this Consent Agreement. 4.2. Respondent Respondents neither admits admit nor denies deny the specific factual allegations contained in this Consent AgreementAgreement and deny the allegations of Paragraph 3.18. 4.3. As required by CWA Section 309(g)(3), 33 U.S.C. § 1319(g)(3), EPA has taken into account “the nature, circumstances, extent and gravity of the violation, or violations, and, with respect to the violator, ability to pay, any prior history of such violations, the degree of culpability, economic benefit or savings (if any) resulting from the violation, and such other matters as justice may require.” After considering all of these factors as they apply to this case, EPA has determined that an appropriate penalty to settle this action is $23,9508,000. 4.4. Respondent consents Respondents consent to the assessment of the civil penalty set forth in Paragraph 4.3 and agrees agree to pay the total civil penalty within 30 days of the effective date of the Final Order. 4.5. Payment under this Consent Agreement and the Final Order may be paid by check (mail or overnight delivery), wire transfer, ACH, or online payment. Payment instructions are available at: xxxx://xxx.xxx.xxx/financial/makepaymentxxxxx://xxx.xxx.xxx/financial/makepayment. Payments made by a cashier’s check or certified check must be payable to the order of “Treasurer, United States of America” and delivered to the following address: Address format for standard delivery (no delivery confirmation requested): U.S. Environmental Protection Agency Fines and Penalties Cincinnati Finance Center P.O. Box 979078 979077 St. Louis, Missouri 63197-9000 Address format for signed receipt confirmation (FedEx, DHL, UPS, USPS certified, registered, etc): U.S. Environmental Protection Agency Government Lockbox 979078 0000 Xxxxxxxxxx Xxxxx XX-XX-X0-XX Xx. Xxxxx, Xxxxxxxx 00000 Respondent Respondents must note on the check the title and docket number of this action. 4.6. Respondent Respondents must serve photocopies of the check, or proof of other payment method described in Paragraph 4.5, on the Regional Hearing Clerk and EPA Region 10 Compliance Officer at the following addresses: Regional Hearing Clerk U.S. Environmental Protection Agency Region 10 10, Mail Stop 11-C07 0000 Xxxxx Xxxxxx, Xxxxx 000 Xxxxxxx, Xxxxxxxxxx 00000 X00_XXX@xxx.xxx Xxxxxxx Xxxxxxx Xxxxxxxx Xxxxx U.S. Environmental Protection Agency Region 10 xxxxxxx.xxxxxxx@xxx.xxx10, Idaho Operations Office 000 Xxxx Xxxxxxx Xxxxxx Xxxxx, Xxxxx 00000 xxxxx.xxxxxxxx@xxx.xxx 4.7. If Respondent fails Respondents fail to pay the penalty assessed by this Consent Agreement in full by its due date, the entire unpaid balance of penalty and accrued interest shall become immediately due and owing. Such failure may also subject Respondent Respondents to a civil action to collect the assessed penalty under the CWA, together with interest, fees, costs, and additional penalties described below. In any collection action, the validity, amount, and appropriateness of the penalty shall not be subject to review.

TERMS OF SETTLEMENT. 4.1. Respondent admits the jurisdictional allegations contained in this Consent Agreement. 4.2. Respondent neither admits nor denies the specific factual allegations contained in this Consent Agreement. 4.3. As required by CWA Section 309(g)(3), 33 U.S.C. § 1319(g)(3), EPA has taken into account “the nature, circumstances, extent and gravity of the violation, or violations, and, with respect to the violator, ability to pay, any prior history of such violations, the degree of culpability, economic benefit or savings (if any) resulting from the violation, and such other matters as justice may require.” After considering all of these factors as they apply to this case, EPA has determined that an appropriate penalty to settle this action is $23,95067,000. 4.4. Respondent consents to the assessment of the civil penalty set forth in Paragraph 4.3 and agrees to pay the total civil penalty within 30 days of the effective date of the Final Order. 4.5. Payment under this Consent Agreement and the Final Order may be paid by check (mail or overnight delivery), wire transfer, ACH, or online payment. Payment instructions are available at: xxxx://xxx.xxx.xxx/financial/makepaymentxxxx://xxx0.xxx.xxx/financial/makepayment. Payments made by a cashier’s check or certified check must be payable to the order of “Treasurer, United States of America” and delivered to the following address: Address format for standard delivery (no delivery confirmation requested): U.S. Environmental Protection Agency Fines and Penalties Cincinnati Finance Center P.O. Box 979078 979077 St. Louis, Missouri MO 63197-9000 Address format for signed receipt confirmation (FedEx, DHL, UPS, USPS certified, registered, etc): U.S. Environmental Protection Agency Government Lockbox 979078 0000 Xxxxxxxxxx Xxxxx XX-XX-X0-XX Xx. Xxxxx, Xxxxxxxx 00000 Respondent must note on the check the title and docket number of this action. 4.6. Respondent must serve photocopies of the check, or proof of other payment method described in Paragraph 4.5, on the Regional Hearing Clerk and EPA Region 10 Compliance Officer at the following addresses: Regional Hearing Clerk U.S. Environmental Protection Agency Region 10 10, Mail Stop 11-C07 0000 Xxxxx Xxxxxx, Xxxxx 000 Xxxxxxx, XX 00000 X00_XXX@xxx.xxx Xxxxxxx Xxxxxxx U.S. Environmental Protection Agency Region 10 xxxxxxx.xxxxxxx@xxx.xxx10, Mail Stop 00-X00 0000 Xxxxx Xxxxxx, Xxxxx 000 Xxxxxxx, XX 00000 Xxxxxxx.Xxxxxxx@xxx.xxx 4.7. If Respondent fails to pay the penalty assessed by this Consent Agreement in full by its due date, the entire unpaid balance of penalty and accrued interest shall become immediately due and owing. Such failure may also subject Respondent to a civil action to collect the assessed penalty under the CWA, together with interest, fees, costs, and additional penalties described below. In any collection action, the validity, amount, and appropriateness of the penalty shall not be subject to review.

TERMS OF SETTLEMENT. 4.1. Respondent admits the jurisdictional allegations contained in this Consent Agreement. 4.2. Respondent neither admits nor denies the specific factual allegations contained in this Consent Agreement. 4.3. As required by CWA Section 309(g)(3), 33 U.S.C. § 1319(g)(3), EPA has taken into account “the nature, circumstances, extent and gravity of the violation, or violations, and, with respect to the violator, ability to pay, any prior history of such violations, the degree of culpability, economic benefit or savings (if any) resulting from the violation, and such other matters as justice may require.” After considering all of these factors as they apply to this case, EPA has determined that an appropriate penalty to settle this action is $23,9502,500. 4.4. Respondent consents to the assessment of the civil penalty set forth in Paragraph 4.3 and agrees to pay the total civil penalty within 30 thirty (30) days of the effective date of the Final Order. 4.5. Payment under this Consent Agreement and the Final Order may be paid by check (mail or overnight delivery), wire transfer, ACH, or online payment. Payment instructions are available at: xxxx://xxx.xxx.xxx/financial/makepaymentxxxx://xxx0.xxx.xxx/financial/makepayment. Payments made by a cashier’s check or certified check must be payable to the order of “Treasurer, United States of America” and delivered to the following address: Address format for standard delivery (no delivery confirmation requested): U.S. Environmental Protection Agency Fines and Penalties Cincinnati Finance Center P.O. Box 979078 979077 St. Louis, Missouri 63197-9000 Address format for signed receipt confirmation (FedEx, DHL, UPS, USPS certified, registered, etc): U.S. Environmental Protection Agency Government Lockbox 979078 0000 Xxxxxxxxxx Xxxxx XX-XX-X0-XX Xx. Xxxxx, Xxxxxxxx 00000 Respondent must note on the check the title and docket number of this action. 4.6. Respondent must serve photocopies of the check, or proof of other payment method described in Paragraph 4.5, on the Regional Hearing Clerk and EPA Region 10 Compliance Officer at the following addresses: Regional Hearing Clerk Xxxxxx Xxxxxxx, Compliance Officer U.S. Environmental Protection Agency U.S. Environmental Protection Agency Region 10 X00_XXX@xxx.xxx Xxxxxxx Xxxxxxx U.S. Environmental Protection Agency 10, Mail Stop 11-C07 Region 10 xxxxxxx.xxxxxxx@xxx.xxx10, Mail Stop 20-C04 0000 Xxxxx Xxxxxx, Suite 000 0000 Xxxxx Xxxxxx, Xxxxx 000 Seattle, Washington 98101 Seattle, Washington 98101 4.7. If Respondent fails to pay the penalty assessed by this Consent Agreement in full by its due date, the entire unpaid balance of penalty and accrued interest shall become immediately due and owing. Such failure may also subject Respondent to a civil action to collect the assessed penalty under the CWA, together with interest, fees, costs, and additional penalties described below. In any collection action, the validity, amount, and appropriateness of the penalty shall not be subject to review.

TERMS OF SETTLEMENT. 4.1. Respondent admits the jurisdictional allegations contained in this Consent Agreement. 4.2. Respondent neither admits nor denies the specific factual allegations contained in this Consent Agreement. 4.3. As required by CWA Section 309(g)(3), 33 U.S.C. § 1319(g)(3), EPA has taken into account “the nature, circumstances, extent and gravity of the violation, or violations, and, with respect to the violator, ability to pay, any prior history of such violations, the degree of culpability, economic benefit or savings (if any) resulting from the violation, and such other matters as justice may require.” After considering all of these factors as they apply to this case, EPA has determined that an appropriate penalty to settle this action is $23,9508,000. 4.4. Respondent consents to the assessment of the civil penalty set forth in Paragraph 4.3 and agrees to pay the total civil penalty within 30 thirty (30) days of the effective date of the Final Order. 4.5. Payment under this Consent Agreement and the Final Order may be paid by check (mail or overnight delivery), wire transfer, ACH, or online payment. Payment instructions are available at: xxxx://xxx.xxx.xxx/financial/makepayment. Payments made by check must be payable to the order of “Treasurer, United States of America” and delivered to the following address: Address format for standard delivery (no delivery confirmation requested): U.S. Environmental Protection Agency P.O. Box 979078 St. Louis, Missouri 63197-9000 Address format for signed receipt confirmation (FedEx, DHL, UPS, USPS certified, registered, etc): U.S. Environmental Protection Agency Government Lockbox 979078 0000 Xxxxxxxxxx Xxxxx XX-XX-X0-XX Xx. Xxxxx, Xxxxxxxx 00000 Respondent must note on the check the title and docket number of this action. 4.6. Respondent must serve photocopies of the check, or proof of other payment method described in Paragraph 4.5, on the Regional Hearing Clerk and EPA Region 10 Compliance Officer at the following addresses: Regional Hearing Clerk U.S. Environmental Protection Agency Region 10 X00_XXX@xxx.xxx Xxxxxxx Xxxxxxx Xxxxxxxx Xxxxx U.S. Environmental Protection Agency Region 10 xxxxxxx.xxxxxxx@xxx.xxx10, Idaho Operations Office xxxxx.xxxxxxxx@xxx.xxx 4.7. If Respondent fails to pay the penalty assessed by this Consent Agreement in full by its due date, the entire unpaid balance of penalty and accrued interest shall become immediately due and owing. Such failure may also subject Respondent to a civil action to collect the assessed penalty under the CWA, together with interest, fees, costs, and additional penalties described below. In any collection action, the validity, amount, and appropriateness of the penalty shall not be subject to review.

TERMS OF SETTLEMENT. 4.1. Respondent admits the jurisdictional allegations contained in this Consent Agreement. 4.2. Respondent neither admits nor denies the specific factual allegations contained in this Consent Agreement. 4.3. As required by CWA Section 309(g)(3), 33 U.S.C. § 1319(g)(3), EPA has taken into account “the nature, circumstances, extent and gravity of the violation, or violations, and, with respect to the violator, ability to pay, any prior history of such violations, the degree of culpability, economic benefit or savings (if any) resulting from the violation, and such other matters as justice may require.” After considering all of these factors as they apply to this case, EPA has determined that an appropriate penalty to settle this action is $23,95012,000. 4.4. Respondent consents to the assessment of the civil penalty set forth in Paragraph 4.3 and agrees to pay the total civil penalty within 30 thirty (30) days of the effective date of the Final Order. 4.5. Payment under this Consent Agreement and the Final Order may be paid by check (mail or overnight delivery), wire transfer, ACH, or online payment. Payment instructions are available at: xxxx://xxx.xxx.xxx/financial/makepaymentxxxx://xxx0.xxx.xxx/financial/makepayment. Payments made by a cashier’s check or certified check must be payable to the order of “Treasurer, United States of America” and delivered to the following address: Address format for standard delivery (no delivery confirmation requested): U.S. Environmental Protection Agency Fines and Penalties Cincinnati Finance Center P.O. Box 979078 979077 St. Louis, Missouri 63197-9000 Address format for signed receipt confirmation (FedEx, DHL, UPS, USPS certified, registered, etc): U.S. Environmental Protection Agency Government Lockbox 979078 0000 Xxxxxxxxxx Xxxxx XX-XX-X0-XX Xx. Xxxxx, Xxxxxxxx 00000 Respondent must note on the check the title and docket number of this action. 4.6. Respondent must serve photocopies of the check, or proof of other payment method described in Paragraph 4.5, on the Regional Hearing Clerk and EPA Region 10 Compliance Officer at the following addresses: Regional Hearing Clerk Xxxx Xxxx, Compliance Officer U.S. Environmental Protection Agency U.S. Environmental Protection Agency Region 10 X00_XXX@xxx.xxx Xxxxxxx Xxxxxxx U.S. Environmental Protection Agency 10, Mail Stop 11-C07 Region 10 xxxxxxx.xxxxxxx@xxx.xxx10, Mail Stop 20-C04 0000 Xxxxx Xxxxxx, Suite 000 0000 Xxxxx Xxxxxx, Xxxxx 000 Seattle, Washington 98101 Seattle, Washington 98101 4.7. If Respondent fails to pay the penalty assessed by this Consent Agreement in full by its due date, the entire unpaid balance of penalty and accrued interest shall become immediately due and owing. Such failure may also subject Respondent to a civil action to collect the assessed penalty under the CWA, together with interest, fees, costs, and additional penalties described below. In any collection action, the validity, amount, and appropriateness of the penalty shall not be subject to review.

TERMS OF SETTLEMENT. 4.1. Respondent admits Respondents admit the jurisdictional allegations contained in this Consent Agreement. 4.2. Respondent Respondents neither admits admit nor denies deny the specific factual allegations contained in this Consent Agreement. 4.3. As required by CWA Section 309(g)(3), 33 U.S.C. § 1319(g)(3), EPA has taken into account “the nature, circumstances, extent and gravity of the violation, or violations, and, with respect to the violator, ability to pay, any prior history of such violations, the degree of culpability, economic benefit or savings (if any) resulting from the violation, and such other matters as justice may require.” After considering all of these factors as they apply to this case, EPA has determined that an appropriate penalty to settle this action is $23,950180,000. 4.4. Respondent consents Respondents consent to the assessment of the civil penalty set forth in Paragraph 4.3 and agrees agree to pay the total civil penalty within 30 days of the effective date of the Final Order. 4.5. Payment under this Consent Agreement and the Final Order may be paid by check (mail or overnight delivery), wire transfer, ACH, or online payment. Payment instructions are available at: xxxx://xxx.xxx.xxx/financial/makepayment. Payments made by check must be payable to the order of “Treasurer, United States of America” and delivered to the following address: Address format for standard delivery (no delivery confirmation requested): U.S. Environmental Protection Agency P.O. Box 979078 St. Louis, Missouri 63197-9000 Address format for signed receipt confirmation (FedEx, DHL, UPS, USPS certified, registered, etc): U.S. Environmental Protection Agency Government Lockbox 979078 0000 Xxxxxxxxxx Xxxxx XX-XX-X0-XX Xx. Xxxxx, Xxxxxxxx 00000 Respondent Respondents must note on the check the title and docket number of this action. 4.6. Respondent Respondents must serve photocopies of the check, or proof of other payment method described in Paragraph 4.5, on the Regional Hearing Clerk and EPA Region 10 Compliance Officer at the following addresses: Regional Hearing Clerk U.S. Environmental Protection Agency Region 10 X00_XXX@xxx.xxx Xxxxxxx Xxxxxxx U.S. Environmental Protection Agency Region 10 xxxxxxx.xxxxxxx@xxx.xxx 4.7. If Respondent fails Respondents fail to pay the penalty assessed by this Consent Agreement in full by its due date, the entire unpaid balance of penalty and accrued interest shall become immediately due and owing. Such failure may also subject Respondent Respondents to a civil action to collect the assessed penalty under the CWA, together with interest, fees, costs, and additional penalties described below. In any collection action, the validity, amount, and appropriateness of the penalty shall not be subject to review.

TERMS OF SETTLEMENT. 4.1. Respondent admits the jurisdictional allegations contained in this Consent Agreement. 4.2. Respondent neither admits nor denies the specific factual allegations contained in this Consent Agreement. 4.3. As required by CWA Section 309(g)(3), 33 U.S.C. § 1319(g)(3), the EPA has taken into account “the nature, circumstances, extent and gravity of the violation, or violations, and, with respect to the violator, ability to pay, any prior history of such violations, the degree of culpability, economic benefit or savings (if any) resulting from the violation, and such other matters as justice may require.” After considering all of these factors as they apply to this case, EPA has determined that an appropriate penalty to settle this action is $23,95082,000. 4.4. Respondent consents to the assessment of the civil penalty set forth in Paragraph 4.3 and agrees to pay the total civil penalty within 30 days of the effective date of the Final Order. 4.5. Payment under this Consent Agreement and the Final Order may be paid by check (mail or overnight delivery), wire transfer, ACH, or online payment. Payment instructions are available at: xxxx://xxx.xxx.xxx/financial/makepaymentxxxx://xxx0.xxx.xxx/financial/makepayment. Payments made by a cashier’s check or certified check must be payable to the order of “Treasurer, United States of America” and delivered to the following address: Address format for standard delivery (no delivery confirmation requested): U.S. Environmental Protection Agency Fines and Penalties Cincinnati Finance Center P.O. Box 979078 979077 St. Louis, Missouri MO 63197-9000 Address format for signed receipt confirmation (FedEx, DHL, UPS, USPS certified, registered, etc): U.S. Environmental Protection Agency Government Lockbox 979078 0000 Xxxxxxxxxx Xxxxx XX-XX-X0-XX Xx. Xxxxx, Xxxxxxxx 00000 Respondent must note on the check the title and docket number of this action. 4.6. Concurrent with payment, Respondent must serve photocopies of the check, or proof of other payment method described in Paragraph 4.5, on the Regional Hearing Clerk and EPA Region 10 Compliance Officer at the following addresses: Regional Hearing Clerk Xxxxxx Xxxxxxx U.S. Environmental Protection Agency U.S. Environmental Protection Agency Region 10 10, Mail Stop 11-C07 Region 10, Mail Stop 20-C04 0000 Xxxxx Xxxxxx, Suite 000 0000 Xxxxx Xxxxxx, Seattle, Washington 98101 Seattle, WA 98101 X00_XXX@xxx.xxx Xxxxxxx Xxxxxxx U.S. Environmental Protection Agency Region 10 xxxxxxx.xxxxxxx@xxx.xxxXxxxxxx.Xxxxxx@xxx.xxx 4.7. If Respondent fails to pay the penalty assessed by this Consent Agreement in full by its due date, the entire unpaid balance of penalty and accrued interest shall become immediately due and owing. Such failure may also subject Respondent to a civil action to collect the assessed penalty under the CWA, together with interest, fees, costs, and additional penalties described below. In any collection action, the validity, amount, and appropriateness of the penalty shall not be subject to review.

TERMS OF SETTLEMENT. 4.1. Respondent admits the jurisdictional allegations contained in this Consent Agreement. 4.2. Respondent neither admits nor denies the specific factual allegations contained in this Consent Agreement. 4.3. As required by CWA Section 309(g)(3), 33 U.S.C. § 1319(g)(3), EPA has taken into account “the nature, circumstances, extent and gravity of the violation, or violations, and, with respect to the violator, ability to pay, any prior history of such violations, the degree of culpability, economic benefit or savings (if any) resulting from the violation, and such other matters as justice may require.” After considering all of these factors as they apply to this case, EPA has determined that an appropriate penalty to settle this action is $23,95025,750. 4.4. Respondent consents to the assessment of the civil penalty set forth in Paragraph 4.3 and agrees to pay the total civil penalty within 30 days of the effective date of the Final Order. 4.5. Payment under this Consent Agreement and the Final Order may be paid by check (mail or overnight delivery), wire transfer, ACH, or online payment. Payment instructions are available at: xxxx://xxx.xxx.xxx/financial/makepaymentxxxx://xxx0.xxx.xxx/financial/makepayment. Payments made by a cashier’s check or certified check must be payable to the order of “Treasurer, United States of America” and delivered to the following address: Address format for standard delivery (no delivery confirmation requested): U.S. Environmental Protection Agency Fines and Penalties Cincinnati Finance Center P.O. Box 979078 979077 St. Louis, Missouri MO 63197-9000 Address format for signed receipt confirmation (FedEx, DHL, UPS, USPS certified, registered, etc): U.S. Environmental Protection Agency Government Lockbox 979078 0000 Xxxxxxxxxx Xxxxx XX-XX-X0-XX Xx. Xxxxx, Xxxxxxxx 00000 Respondent must note on the check the title and docket number of this action. 4.6. Respondent must serve photocopies of the check, or proof of other payment method described in Paragraph 4.5, on the Regional Hearing Clerk and EPA Region 10 Compliance Officer at the following addresses: Regional Hearing Clerk U.S. Environmental Protection Agency Region 10 X00_XXX@xxx.xxx Xxxxxxx Xxxxxxx U.S. Environmental Protection Agency U.S. Environmental Protection Agency Region 10 xxxxxxx.xxxxxxx@xxx.xxx10, Mail Stop 11-C07 Region 10, Mail Stop 20-C04 0000 Xxxxx Xxxxxx, Suite 000 0000 Xxxxx Xxxxxx, Xxxxx 000 Seattle, WA 98101 Seattle, WA 98101 4.7. If Respondent fails to pay the penalty assessed by this Consent Agreement in full by its due date, the entire unpaid balance of penalty and accrued interest shall become immediately due and owing. Such failure may also subject Respondent to a civil action to collect the assessed penalty under the CWA, together with interest, fees, costs, and additional penalties described below. In any collection action, the validity, amount, and appropriateness of the penalty shall not be subject to review.

TERMS OF SETTLEMENT. 4.1. Respondent admits the jurisdictional allegations contained in this Consent Agreement. 4.2. Respondent neither admits nor denies the specific factual allegations contained in this Consent Agreement. 4.3. As required by CWA Section 309(g)(3), 33 U.S.C. § 1319(g)(3), EPA has taken into account “the nature, circumstances, extent and gravity of the violation, or violations, and, with respect to the violator, ability to pay, any prior history of such violations, the degree of culpability, economic benefit or savings (if any) resulting from the violation, and such other matters as justice may require.” After considering all of these factors as they apply to this case, EPA has determined that an appropriate penalty to settle this action is $23,95064,500. 4.4. Respondent consents to the assessment of the civil penalty set forth in Paragraph 4.3 and agrees to pay the total civil penalty within 30 thirty (30) days of the effective date of the Final Order. 4.5. Payment under this Consent Agreement and the Final Order may be paid by check (mail or overnight delivery), wire transfer, ACH, or online payment. Payment instructions are available at: xxxx://xxx.xxx.xxx/financial/makepaymentxxxx://xxx0.xxx.xxx/financial/makepayment. Payments made by a cashier’s check or certified check must be payable to the order of “Treasurer, United States of America” and delivered to the following address: Address format for standard delivery (no delivery confirmation requested): U.S. Environmental Protection Agency Fines and Penalties Cincinnati Finance Center P.O. Box 979078 979077 St. Louis, Missouri 63197-9000 Address format for signed receipt confirmation (FedEx, DHL, UPS, USPS certified, registered, etc): U.S. Environmental Protection Agency Government Lockbox 979078 0000 Xxxxxxxxxx Xxxxx XX-XX-X0-XX Xx. Xxxxx, Xxxxxxxx 00000 Respondent must note on the check the title and docket number of this action. 4.6. Respondent must serve photocopies of the check, or proof of other payment method described in Paragraph 4.5, on the Regional Hearing Clerk and EPA Region 10 Compliance Officer at the following addresses: Regional Hearing Clerk U.S. Environmental Protection Agency Region 10 10, Mail Stop 11-C07 0000 Xxxxx Xxxxxx, Xxxxx 000 Xxxxxxx, Xxxxxxxxxx 00000 X00_XXX@xxx.xxx Xxxxxxx Xxxxxx Xxxxxxx U.S. Environmental Protection Agency Region 10 xxxxxxx.xxxxxxx@xxx.xxx10, Mail Stop 20-C04 0000 Xxxxx Xxxxxx, Xxxxx 000 Xxxxxxx, Xxxxxxxxxx 00000 xxxxxxx.xxxxxx@xxx.xxx 4.7. If Respondent fails to pay the penalty assessed by this Consent Agreement in full by its due date, the entire unpaid balance of penalty and accrued interest shall become immediately due and owing. Such failure may also subject Respondent to a civil action to collect the assessed penalty under the CWA, together with interest, fees, costs, and additional penalties described below. In any collection action, the validity, amount, and appropriateness of the penalty shall not be subject to review.

TERMS OF SETTLEMENT. 4.1. Respondent admits Respondents admit the jurisdictional allegations contained in this Consent Agreement. 4.2. Respondent Respondents neither admits admit nor denies deny the specific factual allegations contained in this Consent Agreement. 4.3. As required by CWA Section 309(g)(3), 33 U.S.C. § 1319(g)(3), EPA has taken into account “"the nature, circumstances, extent and gravity of the violation, or violations, and, with respect to the violator, ability to pay, any prior history of such violations, the degree of culpability, economic benefit or savings (if any) resulting from the violation, and such other matters as justice may require.” " After considering all of these factors as they apply to this case, EPA has determined that an appropriate penalty to settle this action is $23,950190,000. 4.4. Respondent consents Respondents consent to the assessment of the civil penalty set forth in Paragraph 4.3 and agrees agree to pay the total civil penalty within 30 days of the ofthe effective date of the Final Order. 4.5. Payment under this Consent Agreement and the Final Order may be paid by check (mail or overnight delivery), wire transfer, ACH, or online payment. Payment instructions are available at: xxxx://xxx.xxx.xxx/financial/makepayment. Payments made by check must be payable to the order of “"Treasurer, United States of America” ofAmerica" and delivered to the following address: Address format for standard delivery (no delivery confirmation requested): U.S. Environmental Protection Agency P.O. Box 979078 St. Louis, Missouri 63197-9000 Address format for signed receipt confirmation (FedEx, DHL, UPS, USPS certified, registered, etc): U.S. Environmental Protection Agency Government Lockbox 979078 0000 Xxxxxxxxxx Xxxxx XX-XX-X0-XX Xx. Xxxxx, Xxxxxxxx 00000 Respondent must note on the check the title and docket number of this action.: 4.6. Respondent Respondents must serve photocopies of the ofthe check, or proof of other proofofother payment method described in Paragraph 4.5, on the Regional Hearing Clerk and EPA Region 10 Compliance Officer at the following addresses: Regional Hearing Clerk U.S. Environmental Protection Agency Region 10 X00_XXX@xxx.xxx Xxxxxxx Xxxxxxx U.S. Environmental Protection Agency Region 10 xxxxxxx.xxxxxxx@xxx.xxx 4.7. If Respondent fails to pay the penalty assessed by this Consent Agreement in full by its due date, the entire unpaid balance of penalty and accrued interest shall become immediately due and owing. Such failure may also subject Respondent to a civil action to collect the assessed penalty under the CWA, together with interest, fees, costs, and additional penalties described below. In any collection action, the validity, amount, and appropriateness of the penalty shall not be subject to review.10