| OCR Text |
Show EPA Docket No. CERCLA-VIII-95-04 B. If no such claim accompanies the information when it is received by EPA, EPA may make it available to the public without further notice to Kennecott. Subpart In 49. pursuant the to the EPA event provisions requests documents or information of Paragraph 47 herein, and in the Keecott withholds any such information or documentation on the basis of an applicable privilege, Kennecott shall provide EPA with a log of such information or documentation withheld, identifying each such document or information (, letter, memorandum, report, analytical data), the date, the author, the event privilege claimed (, attorney Unless otherwise communication, attorney work-product). Kennecott shall this submit "Privilege·Log" to EPA agreed to, addressee, the subject, and the client within 90 days of EPA's written request for documents and information requested under paragraph 47. EPA reserves the rigqt to contest the claims of privilege. No claim of confidentiality shall be made with respect to any data, including, but not limited to, all sampling, analytical, monitoring, hydrogeologic, scientific, chemical or engi?eering data. Off-Site Shiments All hazardous substances, pollutants or contaminants so. removed off-Site pursuant to this Order for treatment, storage, or· disposal shall be treated, stored, or disposed of at a facility acceptable under the Off-Site Rule, 58 F.ed Reg. 49200 (1993) as provided by section 121(d) (3) of CERCLA, 42 U.S.C. §·9621(d} (3). EPA regional offices shall determine the acceptability of a Kennecott shall provide prior· notification of out-of facility. state waste shipments as provided in EPA Office of Solid Waste and Emergency Response (OSWER) Direc·tive 9330.2-07. Compliance With Other Laws Kennecott shall perform all actions required pursuant to 51. Order in accordance with all applicable and/or relevant and appropriate local, state, and federal laws and regulations except of CERCLA, 42 U.S.C. § 9621(e), and as provided in section 121(e) 40 C.F.R. section 300.415(j). this . Emergency Resonse and Notification Releases any incident or change in Site conditions during Work conducted pursuant to this Order threatens to cause a release of hazardous substances from the Site or causes or threatens to cause to the public health, an endangerment welfare or the environment Kennecott· shall immediately take all at the Site, appropriate actions, in accordance with all applicable provisions of this Order, including, but not limited to the Health and Safety Plan, 52. . of If 14 |
