2021-09-22 EMC testimony - (09-16) - Demoruelle, Sandra - EPA AOC Penalties Pages 10-11

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38. Respondent shall submit to EPA copies of DOH's "Injection Well Cesspool Backfilling Final Completion Report" for each cesspool referenced in this AOC within ten (10) days of receipt from DOH. Documents should be sent to the EPA Region 9 Compliance Officer, and the EPA Region 9 LCC Project Coordinator at the addresses specified in Paragraphs 61 and 62 of this Consent Order. 39. Respondent shall diligently pursue all necessary federal and state permits and approvals, including but not limited to compliance with the National Environmental Policy Act ("NEPA"), the National Historic Preservation Act ("NHPA"), and the Endangered Species Act ("ESA"), as appropriate. 40. Subject to delays associated with force majeure as described in Subsection F, Respondent shall fully implement each requirement of this Consent Order, including meeting the deadlines contained in Paragraph 29 (a) through (h), Paragraph 31(a) through (k), and Paragraph 33. Respondent's failure to fully implement all requirements of this Consent Order in the manner and timeframe required shall be deemed a violation of this Consent Order. 41. Respondent's failure to comply with all of the applicable requirements of the SDWA and 40 C.F.R. Part 144 may subject Respondent to additional enforcement actions, including but not limited to judicial or administrative actions. 42. Where work under this AOC is being performed using federal grant money directly administered by EPA, including funds provided in Congressional Earmark Grant XP-96942401, Respondent shall ensure that the project schedule under such grant is consistent with the requirements and schedules included in this Consent Order. E. Stipulated Penalties 43. If Respondent fails to comply with any provision of this Consent Order, Respondent agrees to pay upon EPA's demand the stipulated penalties set forth in this paragraph unless EPA has excused Respondent's delay according the procedures provided in Subsection F of this Consent Order. Stipulated penalties shall begin to accrue on the date performance is due, and are calculated as follows: noncompliance; a. $150 per day per violation for the first through the thirtieth day of 10