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i <br /> 1 and agreed, however, that the Department may later determine, <br /> 2 in accordance with Section 25343 , that the site size for <br /> 3 subsequent phases should be re-classified based upon the <br /> 4 estimated costs of remedial activities, and that, in such <br /> 5 case, fees shall be adjusted in accordance with Section 25343 . <br /> 6 (b) PG&E and the Department agree that, for the purposes of <br /> 7 Section 25343 , any removal action, such as temporarily <br /> 8 covering exposed hazardous substances or additional activities <br /> 9 described in Paragraph 3 . 4 , shall be treated as separate <br /> 10 removal actions in calculating the amount payable under that <br /> 11 Section for oversight of the removal action or actions <br /> 12 performed. <br /> 13 3 .29 . 2 Reservation of Rights With Respect to Unpaid Oversight <br /> 14 Costs. The Department reserves any and all rights under State and <br /> 15 Federal law to recover all costs expended for oversight of response <br /> 16 activities at the Site which exceed the fees paid under Health and <br /> 17 Safety Code Section 25343 , which fees are specified in <br /> 18 Paragraph 3 . 29 . 1 above. PG&E reserves its right to lawfully contest <br /> 19 the recovery of such additional costs. <br /> 20 3 . 30. Certification of Completion. PG&E shall notify the <br /> 21 Department in writing when it deems that all actions at the Site <br /> 22 have been completed, with the exception of operation and maintenance <br /> 23 activities, if any. The Department will then initiate procedures to <br /> 24 determine whether such actions should be certified as completed. <br /> 25 Within 90 days after receiving completion notification from PG&E, <br /> 26 the Department shall notify PG&E in writing of the certification of <br /> 27 completion or shall specify what actions have not been completed. <br /> PAPER 37 <br /> ?CALIFOIINIA <br /> 3 1 <br /> REV. 8.721 <br />