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CC PACKET 02141989
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CC PACKET 02141989
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Last modified
12/30/2015 4:35:01 PM
Creation date
12/30/2015 4:34:48 PM
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SP Box #
18
SP Folder Name
CC PACKETS 1987-1989
SP Name
CC PACKET 02141989
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-13- <br /> • 16.0 ACCEPTANCE OF THE REMEDY <br /> The State Interim RA report will be provided to the City by the State. <br /> The City acceptance of the remedy will be provided to the State by letter <br /> no later than 20 days after receiving the RA report. The City review and <br /> approval of the RA report will signify the City acceptance of the remedy. <br /> The State shall not accept the remedy until the City has accepted the <br /> remedy. Any dispute regarding the acceptability of the remedy shall be <br /> resolved according to Part 19.0. The State will then provide to EPA <br /> the Interim RA Report documenting the RA's adequate completion and perfor- <br /> mance. The State will request the EPA Regional Administrator to accept the <br /> treatment facility and pipeline. <br /> 17.0 TRANSFER OF FACILITIES, GUARANTEES AND WARRANTIES <br /> The EPA letter of acceptance of the remedy will constitute transfer of <br /> title from EPA to the -State of Minnesota. The MPCA will return a letter to <br /> the EPA accepting the remedy. The date of the State's letter of acceptance <br /> will be the effective date of the MPCA's transfer of use and actual <br /> possession of the facilities and pipeline to the City. The MPCA's transfer <br /> is conditional upon the City's- assurance as follows: the City assures that <br /> it will comply with 40 CFR Part 30 and any other applicable federal laws or <br /> regulations. When the remedy is no longer needed to treat contaminated <br /> ground water, the City agrees to notify the MPCA and the EPA for instruc- <br /> tions on disposal of the CERCLA- and state-funded facilities and equipment. <br /> Upon the State's acceptance of the remedy all guarantees and warranties <br /> associated with the remedy will be transferred to the City's possession. <br /> 18.0 AMENDMENTS <br /> Any modifications to this Contract must be agreed to, in writing, by <br /> both parties hereto. <br /> .19.0 RESOLUTION OF DISPUTES <br /> 19.1 Any disagreements arising under this Contract shall be resolved <br /> to the extent possible by the State PM and the City Representative. <br /> 19.2 If any such disagreement cannot be resolved by the State PM and <br /> the City Representative, it shall be referred to the MPCA Commissioner <br /> for a final resolution. For the purposes of resolving disputes under <br /> this Contract, the MPCA Commissioner is the disputes decision official . <br /> 20.0 TERMINATION OF THE CONTRACT <br /> This contract shall remain in effect until all activities described in <br /> Part 4.0 and any agreed amendments hereto have been completed, unless the <br /> parties. jointly agree in writing to terminate the contract. <br />
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