Common use of Cleanup and Cooperation Clause in Contracts

Cleanup and Cooperation. This factor reflects the extent to which a discharger voluntarily cooperated in returning to compliance and correcting environmental damage. A multiplier between 0.75 and 1.5 is used, with a higher multiplier when there is a lack of cooperation. The cleanup and cooperation factor multiplier is 1.0. The Discharger was cooperative during the site inspection, however unintentionally provided erroneous information about the discharge location and storm water treatment system. Also, a neutral multiplier is appropriate because the Discharger did initiate action to address General Permit violations during December 15th site investigations, though the actions were not completed until December 17 and 18.