HomeMy WebLinkAbout2021-09-22 EMC testimony - (09-16) - Demoruelle, Sandra - EPA AOC Penalties Pages 10-1138. 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
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noncompliance;
b. $300 per day per violation for the thirty-first through the sixtieth day of
$500 per day per violation for the sixty-first day of violation and beyond.
44. Respondent must pay the stipulated penalty within thirty (30) days of receipt of EPA's
stipulated penalty demand, according to the process provided in the demand. If any payment is not
received within thirty (30) calendar days of being due, interest, handling charges, and late payment
penalties will begin to accrue in the same manner as set forth at 31 U.S.C. § 3717 and 40 C.F.R. § 13.11.
45. Neither the demand for, nor payment of, a stipulated penalty relieves Respondent of the
obligation to comply with any requirement or deadline of this Consent Order.
46. EPA may, in the unreviewable exercise of its discretion, elect to pursue any other
administrative or judicial remedies in lieu of assessing some or all of the stipulated penalties due under
this Consent Order.
47. EPA may, in the unreviewable exercise of its discretion, reduce or waive stipulated
penalties due under this Consent Order.
48. Respondent may pay the stipulated penalty by check (mail or overnight delivery), wire
transfer, Automated Clearing House (ACH), or online payment. Payment instructions are available at
Igpa;,//www2.ep Lgov/ptnancnal/makepa nl.ent. 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:
U.S. Environmental Protection Agency
Fines and Penalties
Cincinnati Finance Center
P.O. Box 979077
St. Louis, Missouri 63197-9000
49. Respondent shall provide notice of stipulated penalty payments made pursuant to
Paragraph 48, accompanied by the title and docket number of this action, to the EPA Region 9
Compliance Officer at the address provided in Paragraph 61 below.
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