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Show III. 8. DEFINITIONS Unless otherwise expressly provided herein, terms used in this Order which are defined in CERCLA or in regulations promulgated under CERCLA shall have the meaning . assigned to them in CERCLA or in such regulations. For purposes of this Order, the following terms shall have the meanings set forth below. "Contractor" means any person, including the contractors, subcontractors, or agents, retained or hired by Kennecott to undertake any work under this Order. . "Day" means calendar day, unless otherwise specified. Time will be computed in accordance with Rule 6 of the Federal Rules of Civil Procedure, unless otherwise specified. "Deliverable" means any written product describing the work performed or to be performed, including, but not limited to, technical reports, data reports, technical memoranda, progress reports, or other documents describing the work performed or·to be performed, that Kennecott is required to submit under the terms of this Order. "Matters Addressed" means response actions taken or to be taken by the EPA or any other person (as that term is defined by section 101(21) ofCERCLA, 42 U.S.C. § 9601 (21 » and all response costs incurred and to be incurred by the EPA or any other person (as that term is defined by section 101(21) ofCERCLA, 42 U.S.C. § 9601(21» or in connection with Phase I Herriman Residential Soils Removal; at "NCP" means the National Oil and Hazardous Substances Pollution Contingency Plan promulgated under section 105 ofCERCLA, 42 U.S.C. § 9605, and codified at 40 C.F.R. Part 300, including, but not limited to, any amendments thereto. . . . "Order" means this Order, the exhibits attached to this Order, and all documents or modifications to documents incorporated by reference into this Order according to the procedures set forth herein. If there is a conflict between this Order and any documents incorporated into this Order, the terms of text of the Order shall control. "Phase I Herriman Residential Soil Removal Action Area" means that area which includes approximately 30 residential properties in or near Herriman, Utah, as depicted on Exhibit 1 to this Order. "Site" for purposes of this Order, means the Phase I Herriman Residential Soils Removal Action Area, including the areal extent of contamination and all suitable areas necessary for implementation of the removal action to be conducted in 1997, including any temporary staging or storage areas for contaminated soils and the Bluewater repository. The Site is generally limited to the area depicted on Exhibit 1 to this Order. 3 |
