EPA administrative orders, 1991-1997

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EPA Docket No. CERCLA-vul=93-10 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Respondent submits a Notice of' Intent to negotiate an AOC, this Order shall, with respect to that Respondent, be superceded by any fully executed AOC, which results from these negotiations.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 Aoe 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, 99 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 ,Negotiate, 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 Negotiat-e but does no·t reach agreement with EPA within twenty-one (21) days of the Date of Issuance of this Order, then, within twentyfour (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. respond or to indicate an intention to such date shall be deemed to mean that intend to comply with this Order. XV 62. In • the event RESERVATIONS « comply with this Order by Respondent(s) does not DISCLAIMERS that EPA determines that the activities performed pursuant to this Order or any emergency circumstances may pose a t,hreat. to public health or welfare or the environment" EPA may direct Respondents to stop further implementation of Work this Order or may take or order further actions to This provision is not to be construed to limit any powers EPA'may have under CERCLA, the NCP, or any law or pursuant to abate the threat. regulation. . .63. Nothing herein shal 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, .