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2004-047
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NO PAYMENT IS DUE AT THIS TIME. In approximately 90 to 120 days, EPA <br /> will send you a separate letter telling you when to make your payments and where <br /> to send them. The letter will give you 30 days from the date of the letter to send <br /> your two payments to the addresses provided in the letter. <br /> 24 . The City shall submit written notice to EPA of the payments it has received under this <br /> Consent Order within 60 days of the date upon which payments to the City under this <br /> Consent Order are due. The City covenants and agrees to make payment to the EPA <br /> Hazardous Substance Superfund of all amounts in excess of $ 1 ,200,000.00 that the City <br /> receives under this Consent Order. The City's payment, if any, shall be submitted within <br /> 90 days of the date upon which payments to the City under this Consent Order are due. <br /> 25 . All payments due under this Consent Order shall be made by certified or cashier's check. <br /> Each check shall reference the name and address of the party making payment, the Site <br /> name (Florida Petroleum Reprocessors Site), the Site Spill ID Number, (A416), and the <br /> EPA docket number for this action, (CER 04-2004-3751 ) . <br /> 26. Each Respondent's payment includes an amount for. <br /> a. all past response costs incurred at or in connection with the Site, <br /> be projected future response costs to be incurred at or in connection with the Site, <br /> and <br /> C * a premium to cover the risks and uncertainties associated with this settlement, <br /> including but not limited to, the risk that total response costs incurred or to be <br /> incurred at or in connection with the Site by the EPA Hazardous Substance <br /> Superfund, any private party, or any governmental party, will exceed the estimated <br /> total response costs upon which each Respondent' s payment on Appendix C is <br /> based. <br /> VIII. FAILURE. TO MAKE PAYMENT <br /> 27 . If any Respondent fails to make full payment within the time required by this Consent <br /> Order, that Respondent shall pay Interest on the unpaid balance at the rate specified for <br /> interest on investments of the EPA Hazardous Substance Superfund established by the <br /> Internal Revenue Code, 26 U . S .C . § 9507 , compounded annually on October 1 of each <br /> year, in accordance with 42 U . S .C . § 9607(a). In addition, if any Respondent fails to <br /> make full payment as required by this Consent Order, the United States, may, in addition <br /> to any other available remedies or sanctions, bring an action against that Respondent <br /> seeking injunctive relief to compel payment and/or seeking civil penalties under Section <br /> 122(1) of CERCLA, 42 U. S .C . § 9622(1) for failure to make timely payment. <br /> 9 <br />
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