EPA administrative orders, 1991-1997

Page 164

13 Respondent submits a Notice of Intent to negotiate an AOC, this Order shall, with respect to that Respondent, be superceded by any fully executed AOC, which results from these negotiations. Twenty-one (21) days, calculated from the Date of Issuance of' this Order, shall be allowed for the negotiation of'an AOC. The schedule for performance of Work shall be calculated from the effective date of this Order or from the effective date of the superceding AOC once it is fully executed. 60. Respondents may request a conference with EPA/ to'occur later than seven () days after the Date of'Issuance, to ,discuss this Order, including its ,applicability, the appropriateness of activities required to be undertaken, and other issues and contentions relevant to issuance of this Order. Any request for a conference shall be made to Karen S. Kellen, Assistant Regional Counsel, EPA Region VIII, 999 18th Street, Suite 500, Denver, Colorado At any 80202-2405, [phone]. such conference, Respondents may appear in person or through an Such conference is attorney or other designated representative. not, and shall not be deemed to.be, an adversarial hearing or part of a proceeding to challenge this Order, and no official stenographic record of such proceeding shall be kept. no If Respondent(s) does not submit a letter of Intent to each Respondent shall, no later than seven (7) days after the Date of Issuance, infonn EPA in writing as to whether it intends to comply with the Order. If Respondent(s) submits letter of Intent to Negotiate but does no·t reach agreement with EPA within twenty-one (21) days of the Date of- Issuance of this Order, then, within twenty-four (24) hours of the Effective Date of this Order, each Respondent shall inform EPA in writing as to whether it intends to comply with this Order. A failure to 61. ,Negotiate, respond or to indicate an intention to comply with this Order by such date sha11 be deemed to mean that Respondent(s) does not intend to comply with this Order. XV 62. In the • RESERVATIONS « DISCLAIMERS that EPA determines that the activities to this Order or any emergency circumstances perfor.med pursuant to a public health or welfare or the may pose t,hreat. EPA may direct pursuant to event Respondents to envirorunent,. stop further implementation of Work this Order or may take-or order further actions to This provision is not to be construed to limit abate the threat. any powers EPA'may have under CERCLA, the NCP, regulation. or any law or ,63. Nothing herein shall preclude EPA from taking action to enforce this Order, nor frm taking any action pursuant to Sections 104, 106, 107, or 122 of CERCLA, 42 U.S.C. §§ 9604, 9606, 9607, or 9622, nor any and all actions pursuant to CERCLA or any other available legal including without ' authoriy, ,