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Show EPA Docket No. CERCLA-VIII-95-04 within 45 status event to of meet a change the above any written request from ,EPA or in circumstances that causes Kennecott criteria. days of in the fail to 83. At least seven (7) days prior to commencing anyon-site Work under this Order, Kennecott shall provide certifying documentation to EPA that ensures that Kennecott shall maintain for the duration of this Order, comprehensive general and automobile liability insurance coverage with limits up million dollars, combined XVII. 84. If date of EPA may this take single three MODIFICATIONS EPA determines changed circumstances to limit. that significant unanticipated or (as measured with regard to the effective Order) warrants any of the changes in the Work to be performed, following act.Lons so long as such actions in compliance with CERCLA and the NCP and ithin the scope of Order: (1) require Kennecott to modify o amend the Work Kennecott Plan; or (2) EPA may modify or amend the Work Plan. shall perform the Work as modified or amended so long as it is The scope necessary to accomplish the objectives of this Order. of this Order and the objectives of this Order do'not include and Kennecott shall not be required, under this Order, to undertake' any activity that could cause shut-down of, or that could, interfere with, Kennecott's ongoing operations. Furthermore, for of this section neither the scope (XVII Modifications), purposes of this Order nor the objectives of this Order shall include any Work modification or amendment that is estimated to cost $500,000.00 or more, including but not limited to, contractors' direct costs, engineering and construction management costs, owner's costs, disposal costs and/or other costs associated with the modification, unless otherwise agreed' to by Kennecott. EPA may take any other action authorized by CERCLA or the NCP. are this Within seven calendar days of receipt of EPA's notice of Kennecott shall either confirm its willingness to perform the additional work or invoke the Dispute Resolution procedures in Section XVIII of this Order concerning any issue of fact relating to the modification. If Kennecott invokes Dispute Resolution, EPA has the option to proceed with Dispute Resolution or to take other actions as authorized by CERCLA and the NCP such as performing the work itself or issuing an Unilateral Administrative Order to Kennecott, or any other party, for tne -performance of the additional work. 85. modification, ' 86. the EPA Modifications Modifications to the schedule may be made in writing by his or her oral direction. the Work Plan ,or the schedule may also be made by to Project Coordinator or at 24 |
