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Show EPA Docket No. CERCLA-VIII-93-10 1 rand in,writing within three and efforts made to obtain (3) days thereafter, of their failure access. Nothing herein shall limit or otherwise affect EPA's the State's right of entry 'pursuant to any applicable statute, regulation, or legal authority. 48. 49. Respondents shall the State written EPA and provide or notice at least seven (7) days prior to collecting samples' Upon request, Respondents shall provide pursuant to this Order. authorized representatives with split, their the and State, EPA, Respondents shall allow EPA and the scare. duplicate samples. to take any other samples and' conduct any tests and inspections or ' . - EPA or the State deems All SO. necessary. sampling activity is subj ect EPA dire'ction to and approval. 51. All,sampling and analyses performed pursuant to this Order shall conform to EPA guidance regarding sampling, quality 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 implementin Respondents shall ensure that the laboratory participates in a QA/QC program equivalent to that which is followed by EPA. Upon request, Respondents shall have such laboratory analyze'samples submitted by BPA for ality-assurance this Order. , \. -, ' monitoing. rf Respondents obtain any samples from property owned third party, Respondents shall. provide the third party with y a and an opportunity to a receipt describing the samples obtained, obtain and split samples.' Respondents shall also request such .third party with a copy of the results of, promptly provide made. any analyses 52. XII. DOCUMENTATION, AND RECORD AVAILABILITY OF r.NFORMATION, RETENTION period during which this Order is in 'effect, permit EPA, the S,tate, and their :authorized to inspect and copy all non-privileged records, representatives and other documents, writings, or depictions files, maps, to implementation of ths Order. pertaining For t;he Respondents shall 53. . Respondents shall maintain a running log of privileged on a document-by-document basis containing the date, author(s), addressee(s), the privilege claed (e.g, attorney work product, attorney-client), and the factua basis for the assertion of the privilege. The privilege log shall be, kept on file and available for inspection. EPA may at any time challenge 54. documents |