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Show EPA Docket No. CERCLA-Vm-93-10 15 instrument or trust account or demonstrate to the satisfaction of their financial resources are sufficient to perform the work required under this Oroer projected for the period beginning with the effective date of the Order through the end of the EPA that calendar year quarter. On or before the 15th calendar each calendar year quarter thereafter, Respondents shall either fund the financial instrument or trust account or demonstrate to the satisfaction of EPA that their financial current day of sufficient to perform the work and other activities Order projected for the succeeding calendar Within,five (5) days of the fundig of any account year quarter. or other mechanism or the demonstration of ability to perform Work, Respondents shall report such to the On-Scene Coordinator. resources are required under this any time the net worth of the financial instrument account is insufficient or the other demonstration of financial ability is inadequate to assure performance of the Work and other obligations under the Order for the upcoming quarter, Respondents shall provide written notice to EPA within seven (7) days after the net worth of the financial instrument, trust account or other demonstration of financial ability becomes The written notice shall,describe insufficient or inadequate. the financial 'instrument, trust account or other why demonstration of financial ability is insufficient and shall explain what actions have been or will be taken to fund the financial instrument or trust account adequately or to demonstrate to the satisfaction of EPA that it has the financial resources to cont.Lnue the Work through the time period required. EPA reserves the right to terminate this Order if funding becomes or will D@come inadequate. 70. or If at trust XVII. 71. thereof,' pursuant Should ENFORCEMENT Respondents violate this EPA may carry out to Section 104 of Order or any portion required actions unilaterally, CERCLA, 42 U.S.C. § 9604, and/or may the seek judicial enforcement of this Order pursuant to Section 106 of CERCLA, 42 U.S.C. § 9606. Respondents may also be SUbject to an action for cost recovery, civil pena Lt Le s of up to $25,000 per day per violation of this Order, and/or punitive damages (including treble damages), as provided in Sections 106(b) 107(a) and 107(c) (3) of CERCLA, 42 U.S.C. §§ 9606(b) I 9607(a) and I 9607(c) (3), respectively, for failure to comply with the of terms this Order. XVIII. TERMINATION AND SATISFACTION shall submit a written Notice of Completion completio of all Work described in this Order in Respondents' opinion, the tasks required by that, indicating the Order have been completed. The Notice of Completion shall 72. to Respondents EPA upon ' |