EPA administrative orders, 1991-1997

Page 263

EPA Docket No. CERCLA-vm-93-10 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 with respect to that Respondent, be superceded by any fully executed AOC, which results from these negotiations.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' The., this Oreier, shall be allowed for the negotiation of· an AOC. schedule for perfor.mance 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. Respondent submits a Notice . . 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 8th Street, At any Suite 500, Denver, Colorado 80202-2405, [phone]. such conference, Respondent's may appear in person or through an Such conference is' attorney or other designated representative. and be an adversarial shall not deemed not, to.be, hearing or of a to and official this. no Order, part challenge proceeding of record such shall be stenographic proceeding kept. no If Respondent(s) does not submit a letter of Intent ta Negotiate, each Respondent.shall, no la.ter than seven (7) days' after the Date of Issuance, inf'onn EPA in writing as to whethe:r::.·· it intends to comply with the Order. If Respondent(s) submits&' letter of Intent to Negotiate but does not reach agreement wth EPA within twenty-one (21) days of the Date of Issuance of this Ol;"derf then, within twenty-four (24) hours o-f the E'ffective Dateof this Order', each Respondent shall inform EPA in writing as to whether· it intends co comply with' this Order. A failure to respond or to indicate an in'tent:ion to comply with this Orde,r' b such date shall be deemed to mean that Respondent(s) does' not intend to comply with this Order. 61. , - . ,. - XV 62. RESERVATIONS • « DISCLAIMERS the event that EPA detennines that the activities; this Order' or any emergency circumstances', performed pursuant may pose a t,hreat. to public health or welfare or the envt ronmene, EPA' may direct Respondents to stop further implementation of Work pursuant to this Order or may take or order further actions tQ abate the threat. This provision is not to be construed to limit EPA' may have uadez CERCLA, the NCP, "or any law or any powers In ' to ' . regulation. . 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, or 9607, or 9622, nor any other available any and. all. actions pursuant to legal authority, including without CERCLA .