| OCR Text |
Show EPA Docket No. CERCLA-VIlI-93-10 14 limitation, seeking injunctive relief, monetary penalties', or punitive damages. Nothing herein shall preclude EPA from undertaking any additional enforcement actions and/or other actions it may deem necessary for any purpose, including the prevention or abatement of an imminent and substantial danger to the public health or welfare or the environment arising from Site conditions. 64. Neither EPA nor the United States, by issuance of this any liability for any acts or omissions of Respondents, 'nor employees, agents, contractors, or consultants of Respondents, in carrying out Work pursuant to this Order. Neither EPA nor the United States shall be held a party to any contract entered into by Respondencs, nor by their employees, agents, contractors, or consultants in carrying out Work pursuant to this Order. Order, assumes . 65. Nothing in thfs Order shall -affect any right, claim; of action of any party against any entity not subject to this Order for any liability it may have· arising from or relating in any way to the Site. Nothing in this Order shall be deemed to constitute a decision on preauthorization of funds under Section 111(a) (2) of CERCLA, 42 U.S.C. § 961.1 (a) (2) interest, defens.e, or cause .. • 66. Nothing in this Order shall constitute or be construed satisfaction or release- from liability for Respondents, ncr" their agents, contractors, lessees, successors, or assigns with respect eo any conditions or claims arisirig as· a result of past, as a current, or use or or future disposal operations at of hazardous the Site, oWnership of substances at the Site the S"it'e, . 0·7 EPA reserves i.ts l;'ights to seek, pursuant to Section of CERCLA, 42 U.S.C. §.9607, recovery from.Respondents of. the United States' costs incurred in oversight, administration, and enforcement of this Order, and any other past and future costs incurred by the United States in connection with response activities at the Site not otherwise reimbursed • 107 by Respondent. Nothing in this Order shall be construed to release Respondents from any liability for failure to perfor.m the Work in 68. accordance' with this Order. XVl:. 69. ASSURANCE Respondents -instrument, trust OP ABl:Ll:'l'Y TO COMPLETE WOU: shall establish and maintain a financial or·other financial mechanism such as account, of those set forth at 40 C.F.R. Part 264.143, acceptable to funded sufficiently to perfor.m the work and any other obligations required under this Order, including a margin for Within fifteen (15) days of the effective date of cost overruns. this Order, Respondents shall either fund the financial one EPA, |
