| OCR Text |
Show Checks shall idpntify identification nd shall of the the name the of: the Site, Site of this and the Order, A copy the payment· as "Stipulated. Penalties". transmittal letter, if any, shall be sent docket F.PA number, number identify check and EPA simultaneously to Maureen O'ReiJly, 999 18th Street, Suite 500, Denver, Enforcement Specialist, 80202-2405. Colorado, Respondent shall pay interest on any unpaid balance, begin to accrue at the end of the 30-day period, at the rate established by the Department of Treasury pursuant to 30 U.S.C. § 3717. Respondent shall futher pay a handling charge of 1 percent, to be assessed at the end· of each 31-day period, and a 6 percent per annum penalty charge, to be assessed if the penalty is not paid in full within 9U days after it is due. 57. which shall Respondent may dispute EPA's right to the amount of penalties assessed by invoking the dispute resolution procedures 58. Penalties shall accrue but need not herein. Penalties not paid resolution the period. dispute paid during to EPA shall be placed in escrow until resolution of the dispute. If Respondent does not prevail upon resolution, all penalties and interest accrued shall be due to EPA within 30 days of resolution under Section XVII be If Respondent prevails upon resolution, no dispute. In the event EPA prevails, penalties or interest shall be paid. in accordance with calculated as interest all penalties, plus EPA. to Section XXI, shall be paid of the 59. reflected In the event in the next that EPA provides of that deliverable, interim deliverable shall cease to decision by EPA. resubmission 60. The for corrections to be not require stipulated penalties for that and deliverable does accrue on the date of such stipulated penalties provisions do not preclude from pursuing any EPA because of other remedies sanctions or which are EPA available Respondent's failure to comply with this Order. Payment of stipulated penalties does not alter Respondentl.s obligation to complete performance under this Order. to the XIX. FORCE MAJEURE majeure," for purposes of this Order, is defined arising from causes entirely beyond the control of any of any·entity controlled by Respondent, including and Respondent its contractors and subcontractors, that delays the timely performallce of any obligation under this Order notwithstanding The requirement Respondent's best efforts to avoid the delay_ that Respondent exercise "best efforts to avoid the delay" includes using best efforts to anticipate any potential force 61. as "Force event majeure event and best efforts to address the·etfects of any potential force majeure event (a) as it is occurrjng,. and (b) following the potential force majeure event, such that the delay 20 |
