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1 <br /> t l <br /> I (ii) Upon the second instance of any violation(s)of the Stayed Penalty Provision at a <br /> 2 Facility which has previously paid a Stayed Penalty for a violation of the Stayed Penalty <br /> 3 Provision,Defendant shall pay between FIVE THOUSAND DOLLARS($5,000.00)and <br /> 4 TWENTY THOUSAND DOLLARS($20,000.00)depending on the facts and circumstances <br /> 5 of each such violation; <br /> 6 (iii) Upon a third instance or any subsequent instance of any violation of the Stayed <br /> 7 Penalty Provision at a Facility that has paid a Stayed Penalty for at least two prior violations <br /> 8 of the Stayed Penalty Provision,Defendant shall pay between TEN THOUSAND DOLLARS <br /> 9 ($10,000.00)and FIFTY THOUSAND DOLLARS ($50,000.00)depending on the facts and <br /> 10 circumstances of each such subsequent violation. <br /> 11 In no event shall the total of all penalties paid pursuant to this paragraph 5.Lb exceed ONE <br /> 12 MILLION,SIXTY-ONE THOUSAND,FOUR HUNDRED DOLLARS($1,061,400.00). <br /> 13 5.2 Supplemental Environmental Projects <br /> 14 Defendant shall pay THREE HUNDRED TWENTY-FIVE THOUSAND DOLLARS <br /> 15 ($325,000.00)for supplemental environmental projects identified in,and in accordance with the <br /> 16 terms of,Exhibit C,attached. <br /> 17 5.3 Reimbursement of Costs of Investigation and Enforcement <br /> 18 Defendant shall pay TWO HUNDRED SIXTY-FOUR THOUSAND,SEVEN HUNDRED <br /> 19 DOLLARS($264,700.00),for reimbursement of attorney's fees,costs of investigation,and other <br /> 20 costs of enforcement,to the entities identified in,and in accordance with the terms of,Exhibits D-1 <br /> 21 and D-2,attached. <br /> 22 5.4 Copy of Payments to Plaintiffs Representatives <br /> 23 Defendant shall,at the time of payment,send an electronic confirmation of'any payment <br /> 24 made by wire transfer to the People's representative identified in paragraph 8. <br /> 25 6. ENFORCEMENT OF FINAL JUDGMENT AND PENALTIES <br /> 26 The People may move this Court for additional relief for any violation of any provision of this <br /> 27 Final Judgment,including but not limited to contempt,additional injunctive provisions,or additional <br /> 28 penalties consistent with the provisions of this Final Judgment. Nothing in this Final Judgment shall. <br /> 9 <br /> sf-3138122 Stipulation for Entry of Final Judgment and Permanent Injunction <br />