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Show , . EPA Docket No. CERCLA-VIII-93-10 claims of by law or 55. pursuant 12 privilege through negotiations the Federal Rules of Civil Respondents may to 40 C.F.R. any information assert § 2.203(b) or otherwise as provided Procedure. a business confidentiality claim with respect to part or all of to EPA pursuant to the terms of this such claim is allowed by Section 104{e) (7) of Order, provided 42 U.S.C. All claims will be reviewed and §- 9604(e) (7). CERCLA, allowed .cz disall"owed pursuant to 40 C.F.R. Park 2, Subpart B. EPA shall only disclose information covered by a business confidentiality claim to the extent per.mitted 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 Respondents. they submit - 56. Respondents shall preserve durng the pendency of this Order and f-or a minimum of six (6) years after t.ezmi.nac Lcn of' this Order, all records and documents in their possession or in t'he poss-essions of their divisions, employees, agents, contractors, or attorneys which relate in any way to'this Order or Work perfor.med hereunder, notwithstanding any document At the end of this six year to the retntion policy contrary. shall such records available to EPA for make period, Respondents or shall the original or copies of such inspection provide If EPA requests that some or all documents be documents to EPA. preserved beyond-this six year period, Respondents shall either comply with EPA's request or provide to EPA the ,original or legible copies of the retained documents. - ' XlIX. MODIFICATIONS TO ORDER No oral advice, guidance, suggestions, assurances, or by EPA or its authorized representatives shall modify terms or' conditions of this Order or relieve Respo,ndents of 57. comments the . ,their obligations under this Order. -Respondents seek to deviate from the approved Work Plan, Respondents· Project Manager shall submit a written request to EPA outlning the proposed Work Plan moqification and the .' 58. If If EPA approves the Work Polan modification in basis therefor. modification shall be deemed incorporated into this' such writing6 Deviation from the Work Plan without·EPA's prior approval Order. is a violation of this Order. XIV • EFFECTIVE DATE AND CONFERENCE OPPORTUNITY This Order shall be effective twenty-one (21) days from 59. Each Respondent shall, within seven (7) the Date of Issuance. Date of from the Issuance, notify EPA, in writing, of its days intent to comply with this Order or to request the opportunity to If either negotiate an Administrative Order on Consent (AOC). . |
