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. '� . <br /> w� � <br /> 19. DECATUR understands that this proposed Illinois Pollution <br /> Control Board ("Board") Order will include a requirement that <br /> DECATUR is to provide the Agency semiannual progress reports <br /> until compliance is achieved. It will not include a <br /> requirement to pay a civil penalty for past violations. <br /> However, the Board Order will include a contingent penalty of <br /> not less than $5, 000 for each month or part of a month that <br /> DECATUR violates or continues to violate that compliance <br /> milestone in the Board order. No contingent penalty will be <br /> due if all compliance milestones are timely met. The Board <br /> Order is to provide that the Agency may extend deadlines for <br />� compliance milestones up to one year without Board approval <br /> and hence waive the collection of a contingent penalty if <br /> DECATUR convinces the Agency by clear and convincing evidence <br /> that it had good cause for its failure to meet a compliance <br /> milestone. "Good cause" shall not include lack of financial <br /> ability to comply. <br /> 20. After DECATUR signs the proposed Stipulation, DECATUR shall <br /> cooperate in a timely manner with the Illinois Attorney <br /> General 's Office in the filing of the Complaint, Stipulation <br /> and proposed Board Order and in obtaining an Illinois <br /> Pollution Control Board Order incorporating in substance the <br /> FINAL PLAN or said reasonable modifications or additions <br /> thereto. (The terms of the Illinois Pollution Control Board <br /> Order and other pleadings are subject to review by the <br /> Illinois Attorney General 's Office) . <br /> 21. Computation of any period of time prescribed by the Letter <br /> of Commitment shall begin with the first business day <br /> following the day on which the act, event or development <br /> occurs and shall run until the end of the last day, or the <br /> next following business day if the last day is a Saturday, <br /> Sunday or State or Federal legal holiday. <br /> 22 . Violation of the terms of this Letter of Commitment shall <br /> subject DECATUR to enforcement referral by the Agency to the <br /> USEPA for the issuance of an Administrative Order or the <br /> filing of a federal court complaint, or to the Illinois <br /> Attorney General 's Office for appropriate enforcement action. <br /> 23 . DECATUR acknowledges that if it violates the terms of this <br /> Letter of Commitment without good cause, said violation shall <br /> constitute evidence of bad faith on its part, and said <br /> evidence may be presented to any court of law or the Illinois <br /> Pollution Control Board by the Illinois Attorney General 's <br /> Office, the State's Attorney's Office, the United States <br /> Department of Justice, and/or the United States Environmental <br /> Protection Agency in any case brought against DECATUR <br /> concerning DECATUR'S public water supply. <br /> 8 <br />