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Show prudent manner according to the Health and Safety Plan. Kennecott shall submit to EP upon receipt the results of all sampling or tests and all other data generated by Kennecott or its contractors, or on Kennecott's behalf during implementation of this Order. Record Retention, Documentation, Availability of Information 43. Kennecott shall preserve all documents and information relating to Work performed under this Order or relating to the hazardous substances found on or released from the Site, for ten (10) years following completion of the removal actions required by this Order. At the end of this ten year period, and 90 days before any document or information is destroyed, Kennecott shall notify EPA that such documents and information are available to EPA for inspection, and upon request, shall provide the originals or copies of such documents and information to ·EP A. In addition, Kennecott shall provide documents and information retained under this section at any time before expiration of the ten year period at the written request of EP A. Notwithstanding the above requirements, Kennecott may dispose of sample material after holding it for a one year period and having provided 60 days advance notice to EPA. 44. Kennecott may assert a business confidentiality claim pursuant to 40 C.F.R. section 2.203(b) with respect to part or all of any information submitted to EPA pursuant to this Order, provided such claim is allowed by section 104(e)(7) ofCERCLA, 42 U.S.C. § 9604(e)(7). Analytical and other data specified in section 1 04( e )(7)(F) of CERCLA shall not be claimed as confidential by Kennecott. EPA shall disclose information covered by a business confidentiality claim only to the extent permitted by, and by means of the procedures set forth at, 40 C.F .R. Part 2, Subpart 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. 45. In the event EPA requests documents or information pursuant to the provisions of paragraph 43 herein, and in the event Kennecott 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 addressee, the subject, and the privilege claimed (, attorney-client communication, attorney work-product). Unless otherwise agreed to, Kennecott shall submit this "Privilege Log" to EPA within 30 days of EPA's written request for documents and information requested under paragraph 43. EPA reserves the right 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 engineering data. Off-Site Shipments 46. All hazardous substances, pollutants or contaminants 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) ofCERCLA, 42 U.S.C. § 9621(d)(3). EPA regional offices shall determine the acceptability ofa 11 |
