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Show EPA Docket No. CERCLA-VIII-95-04 subject to puniive damages of amount cost in an amount up to three incurred by the United States as a times the result of any such violation, as provided n section 107(c) (3) of CERCLA, 42 U.S.C. Section 9607(c) (3). Should Kennecott violate this Order or any portion hereof, EPA may carry out the required actions unilaterally, pursuant to section 104 of'CERCLA, 42 U.S.C. Section 9604, and/or may seek judicial enforcement of this Order pursuant to section 106 of CERCLA, 42 U.S.C. Section 9606. . In the event that EPA provides for corrections or 70. modifications to a document to be reflected in a subsequent Deliverable and does not require resubmission of that Deliverable, stipulated penalties for that interim Delj"verable shall cease to accrue on the date of such decision by EPA. of stipulated penalties is in EP's in its discretion impose a lesser penalty or no penalty at all for violations subject to stipulated penalties. EPA agrees that if it seeks stipulated penalties for a violation, EPA shall not seek statutory penalties for the identical violation. Similarly, if EPA seeks .statutory penalties for a violation, it. shall not seek stipulated penalties for the identical violation. Imposition of the stipulated penalties provisions does not preclude EPA from conducting all or part of the Work because of Kennecott's failure to comply with this Order. Payment of stipulated penalties does not alter Kennecott's obligation to complete performance under this Order. 71. The discretion. imposition EPA may ' XI. RESERVATION OF RIGHTS specifically provided in this Order, each rights and defenses it may have, including party assertion of applicable privileges. Additionally, nothing herein shall limit the power and authority of EPA or the United States to take, direct, or order all actions necessary to protect public 72. Except reserves as all environment or.to prevent, abate, or of hazardous substances, or. or solid waste on, at, or pollutants from the Site. Further, nothing herein shall prevent EPA from seeking legal or equitable relief pursuant to CERCLA or any other applicable law, to enforce the terms of this Order, from taking. other legal or equitable action as it deems appropriate and necessary, or from requiring Kennecott in the future to perform additional activities that are not within the scope of the covenant not to sue granted in this Order. EPA reserves the right to bring an action against Kennecott under section 107 of CERCLA, for recovery of any respons.e costs 42 U. S. C. section 9607, Lncur rec; by the United States related to this Order or the Site and not reimbursed by Kennecott. health, minimize welfare, an or actual the threatened release contaminants, or hazardous or , . 21 |
