| OCR Text |
Show EPA Docket No. CERCLA-Vm-93-10 11 and in writing ithin three (3) days and efforts made to obtain access. thereafter, of their failure Nothing herein shall limit or otherwise affect EPA's right of entry pursuant to any applicable statute, regulation, o legal authority. 48. or the State'.s 49. Respondents shall provide EPA and the State written notice at least seven (7) days prior to col.lecting samples pursuant to this Order. Upon request, Respondents shall provd.de. the and their authorized representatives witl1 split EPA, State, or to duplicate samples. Respondents shall allow EPA and the State take any other samples and conduct any tests and inspections EPA or the State deems necessary. All 50. sampling activity is subject E,PA direction to and approval. 51. All sampling and analyses perfor.med pursuant to this, Order shall conform t.o EPA guidance regarding sampling, quali,ty assurance/quality control ("QA/QC"), data validation, and chain of custody procedures. Respondents shall ensure that EPA and State personnel and. their authorized representatives are allowed. access to any laboratory utilized by Respondents in implementing: this Order. Respondents. shall ensure that the laboratory participates in a QA/QC program equivalet. :to tha.t which is followed by EPA. Upon request, Respondents shall have such laboratory analyze samples submit·ted by EPA for quality..; aesurance. . monitoing. 5.2. If Respondents obtain any samples from property owned y a third party, Respondents shall provide the third party with a' receipt describing the samples obtained, and an opportunity t request and obtain split samples. Respondents. shall also promptly provide such third party with a copy of the results of any analyses made. . xrr, DOCOMENTATION« AVAILABILITY AND RECORD RETENTION OF IMP'ORMATION « For 1;he period during which this Order is, in effect" Respondents shall. permit EPA, the State, and the.ir authorized representatives co inspect and copy all non-privileged zecozds , files, maps, and other documents, writings, or, depictions 53. pertaining to implementation of ths Order. Respondents shall maintain a running. ·log of 'privileged on a document-by-document basis containing the date, author(s), addres'see(s), the privilege claimed (e.g, attorney work product, attorney-client), and the factual basis for the assertion. of the privilege·. The privilege log. shall be kept on 54. documents file and available for inspection. EPA may at any time challenge |
