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Show XVl. 74. MODIFICA TIONS If EPA determines that significant unanticipated or changed circumstances (as measured with regard to the effective date of this Order) warrant changes in the Work to be performed, EPA may take any of the following actions so long as such actions are in compliance with CERCLA and the NCP and within the scope of this Order: (1) require Kennecott to modify or amend the Work Plan; or (2) EPA may modify or amend the Work Plan. EPA may take any ' other action authorized by CERCLA or the NCP. Kennecott shall perform the Work as modified or amended so 75. long as it is necessary to accomplish the objectives of this Order. Within seven (7) calendar days of receipt of EPA's notice of modification, Kennecott shall either confirm its willingness to perform the additional work or invoke the Dispute Resolution procedures in Section XVII 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 the performance of the additional work. 76. Minor modifications to the schedule may be made in writing by the EPA Project Coordinator or at his or her oral direction. Modifications to the Work Plan or the schedule may also be made by agreement of both parties Project Coordinators. Any oral modification shall be .) memorialized in writing within 10 days. " 77. Any other requirement of this Order may be amended by mutual agreement of EPA and Kennecott. Amendments shall be in writing and shall be effective when signed by both parties. The EPA On-Scene Coordinator and/or the Remedial Project Manager does not have the authority to sign amendments to the Order. . 78. If Kennecott seeks permission to deviate from the approved Work Plan it shall submit a written request to EPA's Project Coordinator for approval outlining the proposed Work Plan modification and its basis. 79. No informal advice, guidance, suggestion, or comment by EPA regarding reports, plans, specifications, schedules, or any other writing submitted by Kennecott shall relieve it of its obligations to obtain such formal approval as may be required by this Order, and to comply with all requirements of this Order unless it is formally modified. XVlI. DISPUTE RESOLUTION 80. . If Kennecott objects to EPA's written demand for stipulated penalties or notice of modification. Kennecott may invoke the following Dispute Resolution procedures. If the dispute involves a Modification, in accordance with Section XVI of this Order, the conditions of paragraph 75 must also be met prior to proceeding with Dispute Resolution. EPA and Kennecott shall have 14 days from the invocation of Dispute Resolution to attempt to resolve the dispute 18 |
