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Show EPA Docket No. CERCLA-vm·93·10 claims of by law or 12 privilege through negotiations the Federal Rules of or otherwise as provided Civil Procedure. \., 55. Respondents may assert a business confidentiality claim § 2.203(b) with respect to part or all of any information they submit to EPA pursuant to the terms of this Order, provided such claim is allowed by Se'ction 104 (e) (7) of All claims will be reviewed and CERCLA, 42 U.S.C. § 9604(e) (7). allowed or disallowed pursuant to 40 C.P.R. Park 2, Subpart B. EPA shall only disclose information covered by a business confidentiality cla to the extent permitted 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. pursuant to 40 C.P.R. . 56. Respondents shall preserve during the pendency of this Order and for a minimum of six (6) years after termination of' this Order, all records and documents in their possession r in the possessions of their divisions, employees, agents, contractors, or attorneys which relate in any way to this Order or Work perfor.med hereunder, notwithstanding any document retention policy to the contrary. At the end of this six year shall make such records available to EPA for period, Respondents or shall the inspection provide original 0+ copies of such dOcuments to EPA. If EPA requests that some or all 'documents b 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. XIII. 57. comments the NO oral advice, guidance, suggestions, assurances, or.: by EPA or its authorized representatives shall modify conditions of this Order obligations under this Order. terms their MODIPZCATIONS TO ORDER or or relieve Respondents of.: 'Respondents seek to deviate from the approved Work Plan, Respondents· Project Manager shall submit a written request to EPA outl.ining the, proposed Work' Plan moClification and the .' S8. If If EPA approves the Work Plan modification i ,basis therefor. such modification .shall be deemed incorporated into this writing, Deviation from the Work Plan without ·EPA' s prior approval Order. is a violation of, this Order. ' , XIV • BFFECTIVE DATE AND CONFERENCE OPPORTcNZTY -, This Order shall be effective twenty-one (21) days from 59. the Date of issuance. Each Respondent shall, within seven (7) from the Date of days Issuance, notify EPA, in writing, of its intent to comply with this Order or to request the opportunity to If either negotiate an Administrative Order on Consent (AOC). . |
