2016-08-10_GENERAL DOCUMENTS - M1981185 (2)

Home Browse Search

compliance with the Consent Decree and assure that the transfer does not impede compliance with the terms of this Consent Decree. IV. SCOPE OF CONSENT DECREE 6. Settlement of Civil Claims. This Consent Decree shall constitute a complete and final settlement of all civil claims for injunctive relief and civil penalties alleged in the Complaint against Defendants under CWA Sections 301 and 309, 33 U.S.C. §§ 1311 and 1319. 7. Injunction Against Violation of CWA. Except as in accordance with this Consent Decree, Defendants and Defendants' agents, successors, and assigns are enjoined from discharging any pollutant into waters of the United States, unless such discharge complies with the provisions of the CWA and its implementing regulations and any applicable permits. 8. Joint and Several Obli anon. Defendants' obligations under this Consent Decree are joint and several. 9. No Effect on Claims Against Non-Parties to the Consent Decree. This Consent Decree in no way affects the rights of the United States as against any person not a party to this Consent Decree. 10. Purpose of Meetin~Objectives of CWA. The parties recognize that it is the express purpose of the United States in entering into this Consent Decree to further the objectives set forth in CWA Section 101, 33 U.S.C. § 1251, as well as regulations and permits issued pursuant to the CWA and to require the Defendants to make an agreed upon monetary payment to resolve their civil liability for a penalty. All plans, studies, construction, remedial maintenance, inspection, monitoring programs, and other obligations of this Consent Decree or resulting from the activities required by the Consent Decree shall have the objective of causing Defendants to —5— Case 1:16-cv-02008-WYD Document 2 Filed 08/08/16 USDC Colorado Page 7 of 82