COMPLIANCE INFO_PRE 2019 - Laserfiche WebLink

Home Browse Search

1 III. NOTICE OF INTENT TO SEEK ASSESSMENT OF SUSPENDED CIVIL PENALTIES 2 17. If any Defendant fails to comply with any of the Injunctive Provisions in this 3 Stipulation and Judgment, then the State. Water Board may issue a Notice of Intent to Seek 4 Assessment of Suspended Civil Penalties pursuant to the Notice provision under paragraphs 29 - 5 30. Defendants will have 30 calendar days to correct the violations identified in the Notice of 6 Intent to Seek Assessment of Suspended Civil Penalties. If the State Water Board determines that 7 the violations have been corrected within 30 calendar days from the date of the Notice of Intent to 8 Seek Assessment of Suspended Civil Penalties, then Defendants shall not be liable for the 9 suspended civil penalties. If the State Water Board determines that the violations have not been 10 corrected within 30 calendar days from the date of the Notice of Intent to Seek Assessment of 11 Suspended Civil Penalties, then the State Water Board may move this Court by noticed motion in 12 accordance with Code of Civil Procedure section 1005 to assess and collect suspended civil 13 penalties, enjoin the Defendants from failing or refusing to comply with any provisions in this 14 Stipulation and Judgment, and to award any other appropriate relief. Code of Civil Procedure 15 section 1005 shall govern the Defendants' filing and service of a non -opposition or an opposition, 16 and the State Water Board's filing and service of a reply, unless otherwise stipulated by the 17 Parties or ordered by the Court. The Parties may submit evidence to this Court on declarations. 18 The Parties request that this Court determine, by the preponderance of the evidence standard, 19 sitting without a jury, whether Defendants have failed to comply with any or all of the Injunctive 20 Provisions in this Stipulation and Judgment. If this Court finds that any Defendant failed to 21 comply with any of the Injunctive Provisions in this Stipulation and Judgment for more than 30 22 calendar days, then the Court shall impose the civil penalty as set forth under paragraph 16. The 23 suspended civil penalty shall be payable via cashier's check to the State Water Pollution Cleanup 24 and Abatement Account within 30 calendar days of the Court's final order awarding the 25 suspended civil penalties. Defendants shall personally deliver or mail the suspended civil penalty 26 payment to the State Water Resources Control Board, Division of Administrative Services, 10011 27 Street, 18th floor, P.O. Box 1888, Sacramento, CA 95812-1888, with a copy to David Boyers, 28 State Water Resources Control Board, Office of Enforcement, 801 K Street, Suite 2300, 12 Stipulation for Entry of Final Consent Judgment (Case No. 34-2014-00164107 )