Common use of Violation 5 Clause in Contracts

Violation 5. The Prosecution Team alleges that the Discharger violated Construction General Permit Attachment E, section I.3(a), (e) and (g) by failing to ensure that a QSP visually observe (inspect) the Site within two business days (48 hours) after each qualifying rain event and inspect within two business days (48 hours) prior to each qualifying rain event. The post rain event inspections are to identify whether BMPs were adequately designed, implemented, and effective, and to identify additional BMPs needed and revise the SWPPP. In addition, or in the alternative, the Prosecution Team alleges that the Discharger violated Construction General Permit Attachment E, section I.4 by failing to collect storm water grab samples from locations defined in Attachment E, section I.5, that were representative of the discharge, analyze the effluent samples, and electronically submit all sampling results to the State Water Board. From July 1, 2020, to May 10, 2021, the Prosecution Team alleges there were 18 qualifying rain events, each of which required a pre-storm, during storm, and post- storm inspection resulting in 54 inspections the Discharger allegedly failed to perform and may have required water quality sampling and analyses.