**TERM SHEET TO CONSENT DECREE**  
**UNITED STATES DISTRICT COURT**  
**FOR THE DISTRICT OF [JURISDICTION]**  

**CIVIL ACTION NO.** _________________  

**RIVER PROTECTION AUTHORITY,**  
Plaintiff,  

v.  

**SELWICK PLATING,**  
Defendant.  

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### **I. RECITALS**

1.  **Violations:** During the period from [Start Date] through [End Date], Selwick Plating (“Selwick” or “Defendant”) caused discharges of copper and pH exceedances in violation of its Permit No. ________ issued by the River Protection Authority (“Authority” or “Plaintiff”).
2.  **Jurisdiction:** Selwick admits jurisdiction over its operations within the District and the accuracy of the monitoring data presented by the Authority.
3.  **Purpose:** This Term Sheet sets forth the agreed-upon terms for a Consent Decree resolving the claims related to said violations, subject to public comment and Court approval.

### **II. CIVIL PENALTY AND PAYMENT**

1.  **Calculation of Penalty:** The parties agree that the civil penalty shall be calculated as follows:
    *   **Gravity Base:**
        *   Copper-Only Violations: 14 days × $18,000 = $252,000
        *   pH-Only Violations: 2 days × $6,000 = $12,000
        *   Combined Violations (Capped): 4 days × $20,000 = $80,000
        *   **Total Gravity Base:** $344,000
    *   **Cooperation Reduction:** A fifteen percent (15%) reduction is applied to the Total Gravity Base only, due to Selwick’s self-reporting and preservation of data ($344,000 × 15% = $51,600).
    *   **Adjusted Gravity:** $292,400.
    *   **Economic Benefit:** An additional sum is assessed representing the verified economic benefit derived from delayed compliance: $180,000. (No inability-to-pay finding has been established to waive this portion).
    *   **Total Civil Penalty:** **$472,400**.

2.  **Payment Terms:** Selwick shall pay the Total Civil Penalty in full within sixty (60) days of the Court’s entry of the Consent Decree.
3.  **Certification:** All payment instruments and compliance reports submitted under this Decree must be signed by a Responsible Officer of Selwick Plating, identifying said officer as certifying the accuracy of the information or authorization of funds.

### **III. INJUNCTIVE RELIEF AND COMPLIANCE**

1.  **Final Control Technology:** Selwick shall design, construct, and install an ion-exchange polishing system capable of meeting all applicable effluent limitations for copper and pH.
2.  **Construction Schedule:** The following milestones must be met:
    *   **Design & Order:** Final engineering design completed and equipment ordered within ten (10) days of the Effective Date of this Decree.
    *   **Milestone Verification I:** Third-party verification report submitted at Day 60 confirming progress toward operational capability.
    *   **Operational Milestone:** The ion-exchange system shall be fully operational and in continuous compliance no later than one hundred twenty (120) days from the Effective Date of this Decree.
    *   **Milestone Verification II:** Third-party verification report submitted at Day 120 confirming operational status and initial compliance data.

3.  **Interim Compliance Measures:** Until the ion-exchange system is operational, Selwick shall:
    *   Conduct wastewater sampling on a weekly basis for a period of twelve (12) months following the Effective Date.
    *   Submit results to the Authority within five (5) business days of analysis.
    *   **Immediate Notice:** Immediately notify the Authority upon discovery of any exceedance.
    *   **Production Controls:** Reduce production volumes on the affected line immediately upon discovery of an exceedance and shall not resume normal operation until subsequent sampling confirms compliance with effluent limits.

### **IV. STIPULATED PENALTIES**

Selwick agrees to pay the following stipulated penalties to the Authority without further judicial determination should it fail to comply with the specific terms outlined in Section III:

1.  **Missed Reporting:**
    *   Days 1 through 10 of delay: $1,000 per day.
    *   Day 11 and thereafter: $3,000 per day.
2.  **Missed Construction Milestone:**
    *   Days 1 through 15 of delay: $4,000 per day.
    *   Day 16 and thereafter: $10,000 per day.
3.  **New Violations (Copper or pH Exceedances):**
    *   Days 1 through 2 in any rolling 60-day period: $8,000 per day.
    *   Day 3 and thereafter (if three or more exceedance days occur in any rolling 60-day period): $16,000 per day.

### **V. FORCE MAJEURE**

1.  **Definition:** Delays in construction or operation may be excused as Force Majeure only if caused by an event beyond Selwick’s reasonable control.
2.  **Exclusions:** Increased costs, contractor scheduling conflicts that could reasonably have been planned for, and ordinary equipment failure do not constitute Force Majeure.
3.  **Procedure:** To invoke Force Majeure, Selwick must:
    *   Provide written notice to the Authority within five (5) days of the event;
    *   Mitigate the effects of the event to the maximum extent possible; and
    *   Prove causation between the event and the delay.

### **VI. ENFORCEMENT AND ACCESS**

1.  **Inspection Rights:** The Authority and its agents retain the right to enter Selwick’s facilities at all reasonable times to inspect, monitor, and verify compliance with this Decree.
2.  **Enforcement:** Nothing in this Decree waives the Authority’s right to enforce applicable laws or regulations against future noncompliance or unknown violations not disclosed herein.

### **VII. RELEASE AND ADMISSIONS**

1.  **Admissions:** Selwick does not admit any liability for disputes regarding legal conclusions; however, Selwick admits the Court has jurisdiction and that the monitoring data submitted by the Authority is accurate.
2.  **Civil Release:** Upon payment of the Total Civil Penalty and execution of this Decree, the Authority releases all civil claims arising from the disclosed violations occurring prior to the Effective Date. This release does not extend to future violations or any violations not specifically disclosed in the complaint or negotiation records.

### **VIII. PROCEDURAL REQUIREMENTS**

1.  **Public Comment:** The parties shall submit this Consent Decree for public comment in accordance with applicable law for a period of thirty (30) days prior to final Court approval.
2.  **Court Approval:** This Decree is not effective until entered by order of the Court.

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**AGREED AND ACCEPTED:**  

_____________________________  
**River Protection Authority**  

_____________________________  
**Selwick Plating**  
*(Signed by Responsible Officer)*