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Show 56. Respondent shall make all certified or cashiers check payable Superfund" to: payments by forwarding to the Mellon Bank U.S. Region VIII Superfund Accounting a Substance EPA, Attn: P.O. "Hazardous Box 360859M Pittsburgh, PA 15251 Checks shall identify the name of the Site, the Site identification number, and the EPA docket number of this Order, and shall identify the payment as "Stipulated Penalties". A copy of the check and transmittal letter, if any, shall be sent simultaneously o the EPA Enforcement Specialist, at: O'Reilly, 8HWM-ER Region VIII l8th Street, Suite 500 Maureen U.S. 999 EPA, 80202-2404 Denver, CO (303) 294-7505 57. which the Respondent shall pay interest on any unpaid balance, begin to accrue at the end of the 30-day period, at established by section 107 of CERCLA, 42 U.S.C. § 9607. shall rate In the event that EPA provides for corrections or 58. modifications to a document· to be reflected in a subsequent deliverable and does not require resubmission of that deliverable, stipulated penalties for that interim deliverable shall cease to accrue on the date of such decision by EPA. 59. The imposition of stipulated penalties is in EPA's discretion. Imposition of the stipulated penalties provisions does not preclude EPA from conducting all or part of the removal action Order. because of the Respondent's failure to comply with this stipulated penalties does not alter Payment Respondent's obligation to complete performance under this Order. of XVIII. FORCE MAJEURE A "force majeure," for purposes of this Order, 60. is defined as any event that arises from causes beyond the control of Respondent and ot any entity controlled by Respondent, including its contractors and subcontractors, and that delays the timely performance of any obligation under this Order notwithstanding Respondent's best efforts to 'avoid the delay. The requirement that Respondent exercise "best efforts to avoid the delay" includes using best efforts to anticipate any potential force majeure event and best efforts to address the effects of any potential force majeure event (a) as it is occurring, and (b) following the potential force majeure event, 20 |
