| OCR Text |
Show EPA Docket No. CERCLA-VIII-95-04 to move freely at the Site and appropriate off-Site in order to· conduct actions which EPA determines to be necessary in implementing the terms of this Order. permitted areas of or of the results 45. Kennecott shall submit to EPA, upon receipt, all sampling or tests and all other data generated by Kennecott its contractors, or on Kennecott's behalf during implementation this Order. Work under this Order is to be performed in areas in possession of someone other than Kennecott, by Kennecott shall use its best efforts to obtain all necessary access agreements within 60 days after the effective date of this Order, or as otherwise specified in writing by the EPA Project Kennecott shall immediately notify EPA if after Coordinator. efforts it is unable to obtain such agreements. its best using Kennecott shall describe in writing its effort to obtain access. EPA may then assist Kennecott in gaining access, to the extent necessary to effectuate the response actions d"scribed in the Work Kennecott shall' Plan using such means as EPA deems appropriate. reimburse EPA for all costs and attorney's fees incurred by the United States in obtaining such access. 46. owned Where or RecQrd Retention, 47.' Documentation, Availabilit of Information preserve all documents and .information under this Order or relating to the on or released from the Site, found for ten hazardous substances of the removal actions (10) years following completion required by At the end of this tSn year period, and 90 days this Order. before any document or information is destroyed, Kennecott shall notify EPA that such documents and information are available to EPA for inspection, and upon request, shall provide the originals In addition, or copies of such documents and information to EPA. Kennecott shall provide documents and infor.mtion retained under this' section at any time before expiration of the ten year period at the written request of EPA. Notwithstanding the above requirements, Kennecott may dispose of sample material Cl:fter holding it for.a one year period and having provided 60 days advance notice to EPA. relating Kennecott to Work shall performed . may assert a business' confidentiality claim section 2.203(b) with respect to part or all pursuant submitted to EPA pursuant to this Order, information of any claim is allowed such by section 104(e) (7) of CERCLA, 42 -provided U.S.C. § 9604(e) (7). Analytical and other data specified in section 104(e) (7) (F) of CERCLA shall not be claimed as EPA shall disclose information covered confidential by Kennecott. business a confidentiality claim only to the extent permitted by of the procedures set forth at, 40 means and by by, C..R. Part 2, 48. Kennecott to 40 C.F.R. . 13 |
