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a. It has satisfactorily completed the SEP and the SEP report; <br />b. There are deficiencies in the SEP as completed or in the SEP report and <br />U.S. EPA will give Respondent 30 days to correct the deficiencies; or <br />c. It has not satisfactorily completed the SEP or the SEP report and U.S. EPA will <br />seek stipulated penalties under paragraph 61. <br />60. If U.S. EPA exercises option b, above, Respondent may object in writing to the <br />deficiency notice within 10 days of receiving the notice. The parties will have 30 days from <br />U.S. EPA's receipt of Respondent's objection to reach an agreement. If the parties cannot reach <br />an agreement, U.S. EPA will give Respondent a written decision on its objection. Respondent <br />will comply with any requirements that U.S. EPA imposes in its decision. If Respondent does not <br />complete the SEP as required by U.S. EPA's decision, Respondent will pay stipulated penalties <br />to the United States under paragraph 61, below. <br />61. If Respondent violates any requirement of this CAFO relating to the SEP, <br />Respondent must pay stipulated penalties to the United States as follows: <br />a. Except as provided in subparagraph b, below, if Respondent did not complete <br />the SEP satisfactorily according to the requirements of this CAFO, including <br />the schedule in paragraph 53, Respondent must pay a penalty of $24,845. <br />b. If Respondent did not complete the SEP satisfactorily, but U.S. EPA determines <br />that Respondent made good faith and timely efforts to complete the SEP and <br />certified, with supporting documents, that it spent at least 90 percent of the <br />amount set forth in paragraph 53, Respondent will not be liable for any <br />stipulated penalty under subparagraph a, above. <br />c. If Respondent completed the SEP satisfactorily, but spent less than 90 percent <br />of the amount set forth in paragraph 53, Respondent must pay a penalty of <br />$2,500. <br />d. If Respondent did not submit timely the SEP completion report, Respondent <br />must pay penalties in the following amounts for each day after the report was <br />due until it submits the report: <br />