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Show deliverable is submitted in response to EPA comments, Respondent shall submit a cover letter briefly summarizing how each EPA comment was addressed and shall certify that no changes were made to the deliverable other ·than comments. At the time any revised EPA may unilaterally to make the required fails Respondent modify any·deliverable are within the ?cope of modifications as such as changes, long this Order. In the event any modification to a deliverable (ncluding any plan submitted under this Order) made by EPA or at EPA's request under this Order affects Respondent's ability to comply with the schedule set forth in Exhibit 1, EPA and Respondent shall agree to an appropriate revision to the schedule (unless EPA's modification or activity is due to Respondent's failure to comply with the Work plan). those identified in the cover letter. if 23. Respondent shall not perform any physicl on-Site activity under this Order until receiving EPA approval for such While awaiting EPA approval, Respondent shall proceed. activity. in accordance with the schedule set forth in Exhibit 1 to this Order with all other tasks and activities wich may be conducted independently of the physical on-Site activity which has not been approved. If, after receiving EPA comments, Respondent conducts, conduct, an activity or amends or revises a report, plan, or other submittal that does not fully reflect EPA's request for changes, EPA retains the right to seek either' stipulated penalties or statutory penalties, perform its own studies or cleanup and seek reimbursment from Respondent for its costs, and/or seek other reYief. 24. or fails to 25. Time is of the essence in this removal action. Whenever EPA receives from Respondent a deliverable or other submission which must be approved by EPA, the Agency shall state to Respondent in writing the date by which EPA shall approve or deliverable or other submission. EPA shall use in to make an efforts; good faith, approval or the date In decision stated. the event that by disapproval disapprove its the best approvals disapprovals by EPA are provided later than promised Agency, as above, and this shortens the period allowed for by the Respondent to comply with a deadline, the compliance deadlines for the Respondent which are affected by receipt of such approvals or disapprovals' shall be extended by one day for each day that EPA's approvals or disapprovals are late, or longer if·determined to be appropriate by EPA. An approval by EPA of a deliverable or other submission shall be stated expressly in Except as otherwise provided by this Order, neither a writing. failure of EPA expressly to approve or disapprove Respondent's submissions within a specified time period, nor the absence of comments by EPA, shall be construed as approval by EPA. or the 1 0 |
