## Q39 key (Copper Discharge Decree)

1. Gravity is 14 x $18,000 + 2 x $6,000 + 4 x $20,000 = $344,000. The 15 percent gravity reduction is $51,600, leaving $292,400. Add $180,000 economic benefit for a final civil penalty of $472,400. Missed: the negotiated money term is untethered to the binding schedule.
2. The term sheet should provide a defined payment date or short installment schedule with interest or acceleration for default, not the unsupported $900,000 demand. Missed: the client accepts materially excess penalty or leaves payment unenforceable.
3. Require order within ten days, design and construction milestones, startup testing, and operation by day 120, with weekly sampling for twelve months and immediate exceedance notice. Missed: injunctive relief is too vague to perform or enforce.
4. During an exceedance, require reduced or halted affected production until compliant sampling confirms control. Third-party verification at days 60 and 120 should report to both parties. Missed: another discharge occurs without a defined response or verification.
5. Use the authorized stipulated schedule exactly: reports at $1,000 then $3,000; construction at $4,000 then $10,000; exceedances at $8,000, rising to $16,000 after three days in 60. Missed: punitive or toothless enforcement terms replace the supplied balance.
6. Force majeure requires five-day notice, mitigation, and proof of causation, excluding ordinary cost, foreseeable scheduling, and equipment failure. Missed: legitimate external delay is unprotected or routine delay becomes an escape clause.
7. Include access, records, responsible-officer certification, public comment, and court approval. Permit nonadmission of disputed legal conclusions while admitting jurisdiction and monitoring data. Missed: the decree cannot be approved or enforced.
8. Release civil claims for disclosed violations through effectiveness only, preserving unknown and future matters. Exclude plant-wide pipe replacement and perpetual daily sampling as unrelated and disproportionate. Missed: settlement buys no peace or imposes work unconnected to the violations.