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Show inspect and copy all non-privileged records, files, photographs, documents, sampling and monitoring data, and other writings related to Work undertaken in carrying out this Order. Respondent may request, at its own expense, a' copy of any photographs, video tapes, sound recordings, or similar records, as well as split samples collected by EPA at the Site which are non-privileged. Nothing herein shall be interpreted as limiting or EPA',s or the State's right of affecting entry or inspection in under law. this federal Order waives any authority Nothing either otherwise have under privilege any federal or party may state law. Each party agrees, within 180 days of the effective date of this Order, to furnish the other party with a list of any privileged documents in its possession concerning the Site. 37. themselves EPA in and a State officials on-Site safe and prudent manner. shall conduct 38. EPA will obtain access for Respondent, as required, to staging areas which Respondent must enter to complete Respondent's activities under the Work Plan. In the event that Respondent needs to change transportation routes and cross property other than that owned by Respondent or a public right of-way, Respondent will obtain, or use its best efforts to obtain, written access agreements from the owner no later than seven (7) days prior to the time such access is needed. Such agreements shall provide access for EPA, the State, and their authorized representatives and the Respondent or its authorized Such agreements shall state that Respondent is representatives. not EPA's or the State's representative. Copies of such agreements shall be provided to EPA prior to Respondent's the initiation of field activities. If access agreements are not obtained within the time 39. described in paragraph 38, Respondent shall notify EPA promptly EPA may obtain access for the of its inability to obtain access. tasks those or activities Respondent, perform requiring such EPA contractors, or terminate the Order in the event access with that Respondent cannot obtain access agreements. In the event EPA performs those tasks or activities requiring such access with EPA contractors and does not terminate the Order, Respondent shall perform all other activities not requiring access to that If EPA is required to obtain access or carry out the above referenced activities, EPA's expenses and attorneys fees shall be recoverable subject to the limitations set forth in paragraph 64 Stipulated penalties shall not accrue for activities that could not be performed during the pendency of efforts to obtain access. area. . . 40. Results of sampling, tests, modeling, or other data generated by Respondent, or on Respondent's behalf, as a result of this Order, shall be promptly submitted to EPA and the State, unless determined to be privileged. EPA will make available to the promptly Respondent sampling, tests, (including raw data) 1 5 |
