Stipulated Penalty Amounts. If EPA determines that KDOT has failed to comply fully and timely with the requirements of this Decree, KDOT shall pay stipulated penalties in the following amounts: a. for failure to designate or maintain a Stormwater Compliance Manager in accordance with Paragraph 12 (Stormwater Compliance Manager) - $750 for each 14 day period; b. for failure to designate or maintain an Area/Metro Engineer in accordance with Paragraph 13 (Area/Metro Engineer) - $750 for each 14 day period; c. for failure to ensure, pursuant to Paragraph 14 (Environmental Inspector), that any inspection required under the Permit performed at a Project was performed by an Environmental or Oversight Inspector trained in accordance with the requirements of Paragraphs 14 (Environmental Inspector) and Paragraph 15 (Stormwater Training Program) - $750.00 for each such inspection; d. for failure to timely train Area/Metro Engineers and Environmental and Oversight Inspectors in accordance with Paragraphs 15 (Stormwater Training) and 16 (Training Time Periods) - $750.00 per person for each missed deadline. This $750.00 per person violation shall continue to accrue for each 14 day period that the person fails to timely receive the applicable training; e. for failure to timely prepare and distribute a quarterly stormwater bulletin in material compliance with Paragraph 17 (Quarterly Bulletin)- a onetime stipulated penalty of $3,000 per quarterly bulletin; f. for failure to ensure that each Project has a properly trained WPCM assigned to a Project in accordance with the requirements of Paragraph 18 (WPCM) by obtaining documentation of WPCM’s certification- $750.00 per day of construction; g. for failure to create written inspection procedures within 45 days of the effective date of the Decree in accordance with Paragraph 19 (Inspection Procedures) - $750.00 per day; h. for failure to comply with the requirements of Paragraph 19 (Inspection Procedures) (a) (Preconstruction Conference), (b) (Environmental Inspector), (c) (Inspection Report to Area/Metro Engineer by 24 hours) - $750.00 per failure; i. for failure to utilize the approved inspection form per Paragraph 20 (Inspection Form) - $750.00 per failure; j. for failure to comply with a requirement of Paragraph 21 (Oversight Inspections) - $2,000.00 per inspection not timely performed; k. for failure to provide written notices in accordance with Paragraph 23 (Project List) - $250.00 per day; l. for failure to follow the requirements set forth in Paragraph 24 relating to Part 7 (Stormwater Pollution Prevention Plan Requirements and Guidelines), Part 10 (General Requirements of this Permit) and Part 11 (Standard Conditions) of the Permit, or equivalent provisions in the event section numbers change in any future Permit, - $1,500.00 per violation per day for days 1 - 10; $2,500.00 per violation per day for days 11 - 20; and, $3,500.00 per violation per day for days 21 and continuing; m. for failure to provide a report in accordance with Paragraph 26 (Spill and Emergency Notification) - $750.00 for the first day the report is late or deficient, and then an additional $750.00 for every fourteen (14) day period that passes without the information being provided; n. for failure to timely submit an Annual Report that complies with Paragraph 27 (Annual Report) - $750.00 per day; and o. regarding the reporting provisions of subparagraph m and n above, penalties regarding the qualitative sufficiency of the report shall accrue for sixty
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