SITE INFORMATION AND CORRESPONDENCE_1993-1996

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• • 1 contribute, coordinate and cooperate with the Settling Parties,the Lead Agency, and the Federal 2 Court's Special Master to ensure timely implementation of the most efficient and effective 3 Remedial Action Plan, including any appropriate interim removal or remedial measures. 4 Comment 92: 5 Section Addressed: General Comment 6 Summary of Comment Received: 7 The Commenter, "DTSC", asserts that both soil and groundwater interim removal 8 actions are necessary, but interprets Section XI.A.4 of the Consent Decree to preclude public 9 agencies from proposing or requiring the implementation of interim removal or remedial actions. 10 The Commenter suggests that the Consent Decree be modified to allow public agencies the 11 authority to require implementation of interim removal or remedial actions. 12 Settling Parties' Response: 13 The Settling Parties respond that DTSC has misconstrued and misinterpreted 14 Section XI.A.4 of the Consent Decree. Section XI.A.4 provides the Settling Parties an 15 opportunity to propose interim removal and remedial actions at any time prior to lodging the 16 Proposed Remedial Action Plan with the Court as long as the interim actions proposed are 17 consistent with the NCP, appropriate to the conditions at and emanating from the Site, and likely 18 to be consistent with the Final Remedial Action at the Site. Nothing in Section XI.A.4 or 19 elsewhere in the Consent Decree in any way limits,restricts or preempts any governmental agency 20 from exercising its lawful authority to require performance of any interim removal or remedial 21 actions except to the extent that it is inconsistent with,or unduly interferes with or impedes the 22 Court's exercise of its primary jurisdiction over the Settling Parties' liabilities for responding to 23 the conditions at and emanating from the Site. 24 Although nothing in the Consent Decree limits, restricts or preempts DTSC's state 25 law authorities except to the extent that that it is inconsistent with, or unduly interferes with or 26 impedes the Court's jurisdiction over the Settling Parties' liabilities for responding to the 27 conditions at and emanating from the Site, in order to avoid unnecessary litigation the Settling 28 Parties strongly urge DTSC to make use of the extensive provisions and mechanisms provided by JOINT SUMMARY OF PUBLIC COMMENTS&RESPONSES REGARDING FIRST FINAL CONSENT DECREE -7- 0009203.10 10/03/94 @ 10:43 AM