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Show EPA Docket No. CERCLA-VIII-95-04 abate or minimize the threatened release or Kennecott shall endangerment caused or threatened by a release. also .immediately notify the EPA Project Coordinator or, in the event of his/her unavailability, shall notify the EPA Region VIII Officer at (303) Of the incident or Site 293-1788, Regional Duty conditions. If Kennecott fails to respond to the threatened release or endangerment, EPA may respond and reserves the right to to prevent, pursue cost recovery. 53. In addition, in the event of any release of a hazardous substance in a reportable quantity (as defined by 40 C.F.R. Part 302) from the Site, that is associated with this removal action, the Kennecott Project Coordinator or the Project Manager, shall immediately notify EPA's Pr.oject Coordinator of such release (other than a federally permitted release or the legal application of a pesticide). Within 7 days after the initial report, Kennecott shall submit a written report to EPA setting forth the events that occurred and the measures taken or to be taken to mitigate any release or endangerment caused orthreatened by the release and to prevent the reoecurrence of such a release. This is in not in lieu addition of, to, reporting requirement reporting under CERCLA section 103(c) and section 304 of the Emergency Planning and Community Right-To-Know Act of 1986, 42 U.S.C. Sections 11001. . VII. AUTHORITY OF THE EPA ON-SCENE COORDINATOR The EPA Proj ect Coordinato,r shall be responsible for 54. overseeing Kennecott's implementation of this Order and shall have the authority vested in an On-Scene Coordinator ("OSC") by the NCP, including the authority to halt, conduct, or direct any Work The OSC also has the authority to direct required by this Order. removal' action undertaken at the Site. Absence of the Coordinator from the shall be Site not cause for Project work unless of directed EPA Project the stoppage specifically by any other EPA Coordinator. VIII. 55. costs all OF COSTS costs, including, but not limited that the United States incurs in· reviewing or developing plans, reports and other items pursuant to this Order, verifying the Work, or otherwise implementing, overseeing, or enforcing this Order. Response, costs shall aso include· all costs, including direct and indirect costs, paid by the United States in connection with the Site from the date the site specific identification number was first assigned to this Site through close-out of this Order so long as such costs are not inconsistent with the NCP. Nothing in this section shall be construed as requiring Kennecott to reimburse EPA costs that are to, . REIMBURSEMENT direct Response and indirect are costs, 15 |
