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OTHER PROVISIONS <br /> 4.1. Additional Enforcement Actions. By issuance of this Order, the Department <br /> does not waive any right to take further enforcement actions within its jurisdiction <br /> involving either Respondent(s) or the Site. <br /> 4.2. Penalties for Noncompliance. Failure to comply with the terms of this Order <br /> may subject Respondent to costs, penalties, and/or damages as provided by Health <br /> and Safety Code, section 25188, and other applicable provisions of law. <br /> 4.3. Parties Bound. This Order shall apply to and be binding upon Respondent, <br /> and its officers, directors, agents, employees, contractors, consultants, receivers, <br /> trustees, successors, and assignees, including but not limited to individuals, partners, <br /> and subsidiary and parent corporations. <br /> 4.4. Privileges. Nothing in this Consent Agreement shall be construed to require <br /> any party to waive any privilege, including without limitation, attorney-client and attorney <br /> work-product. However, the assertion of any privilege shall not relieve any party of its <br /> obligations under this Consent Order. <br /> 4.5. Time Periods. "Days" for the purpose of this Order means calendar days. <br /> 4.6. Compliance with Waste Discharge Requirements. Respondent shall <br /> comply with all applicable waste discharge requirements issued by the State Water <br /> Resources Control Board or a California regional water quality control board. <br /> PENALTY <br /> 5. Based on the foregoing DETERMINATION OF VIOLATIONS, the Department <br /> sets the amount of Respondent's penalty at $123,000. <br /> LODI CHROME HWCA 20040427 <br /> ENFORCEMENT ORDER <br /> -4- <br />