Common use of Cleanup and Cooperation Clause in Contracts

Cleanup and Cooperation. This assessment is based on the fact that the Discharger contracted with a certified laboratory immediately after it became aware that the laboratory it had been using was not properly certified. The Discharger has returned to compliance already. Therefore, the Prosecution Team assigned a cleanup and cooperation factor is 0.75. Even though the Discharger has been issued one TSO, two CDOs and three ACL Complaints under enforcement matters, the Discharger has no prior violations for the use of uncertified laboratories, a non-discharge violation. More importantly, NSD made reasonable attempts to document laboratory certification and was acting on the presumption that the obtained certifications were accurate. The loss of certification by the subject lab was related to a change in applicable regulations and virtually every permittee in Imperial County was similarly impacted by the loss of certification. Therefore, the Prosecution Team assigned a history of violation factor is 1.0.