Common use of Cleanup and Cooperation Clause in Contracts

Cleanup and Cooperation. A score of 1.1 (above neutral) is appropriate because the Discharger took seven days to return to compliance once it became aware of the violation. The Discharger eventually installed a “barrier corral” and an additional pump in Pond 5D, and increased dredging and pumping rates to reduce solids and comply with the Permit’s effluent limits. Total Base Liability $126,000 (rounded) The initial liability is multiplied by each factor related to the Discharger’s conduct to determine the Total Base Liability as follows: $126,034 = $86,600 x 1.2 (culpability) x 1.1 (history of violations) x 1.1 (cleanup and cooperation) Ability to Pay and Continue in Business No adjustment The Enforcement Policy provides that if there is sufficient financial information to assess the violator’s ability to pay the total base liability or to assess the effect of the total base liability on the violator’s ability to continue in business, then the liability may be adjusted downward if warranted. PBF Energy Inc., the Discharger’s parent corporation, is a large energy business with multiple refineries throughout the United States and did not raise the issue of the ability to pay during negotiations. Therefore, the Prosecution Team believes that the Discharger can pay the proposed liability without undue financial hardship.