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I Comment#10: <br /> 2 Section Addressed: Section IV, Definitions -New Term"Parties" <br /> 3 Page 5, Line 17 <br /> 4 Summary of Comment Received: <br /> 5 The Commenters,the Equipment Manufacturers, state that the Equipment <br /> 6 Manufacturers should be entitled to specific individual notice any time that notice is required to be <br /> 7 given to the plaintiff LPL, Public Agencies, Settling Dry Cleaning Defendants,the public or any <br /> 8 other person or entity. The Commenters propose that a definition for"Parties"be added in <br /> 9 Section IV, at page 5, line 17 which would include the Settling Parties and add the Equipment <br /> 10 Manufacturers to ensure specific individual notice to them. <br /> 11 Settling Parties' Response: <br /> 12 The Settling Parties disagree with the assertion that non-parties to the Permanent <br /> 13 Injunction and to this Consent Decree that have not been involved in the course of the <br /> 14 remediation should be defined as a"Parties"in the Consent Decree simply to facilitate the flow of <br /> 15 information advantageous to those parties in an action on separate claims. The information that the <br /> 16 Equipment Manufacturers seek to obtain by their proposed amendment is information that is <br /> 17 properly obtained and obtainable through appropriate discovery at the time those claims are <br /> 18 asserted against the Equipment Manufacturers. Furthermore, most of that information will be <br /> 19 made public and available through the use of the Document Depository in use in this action. <br /> 20 Accordingly,the definitions and notice requirements of the Consent Decree are appropriate as <br /> 21 drafted. <br /> 22 Comment#11: <br /> 23 Section Addressed: Section IV, Definition L - "Site" <br /> 24 Page 6, Lines 6-7 <br /> 25 Summary of Comment Received: <br /> 26 The Commenters, the Equipment Manufacturers, propose that the phrase, "including <br /> 27 perchloroethylene (PCE), trichloroethylene (TCE), and 1-2 dicloroethylene (sic) (DCE),"in <br /> 28 Section IV.L on page 6, lines 6 - 7, be deleted in that the definition of"Hazardous Substances" in <br /> JOINT SUMMARY OF PUBLIC COMMENTS&RESPONSES REGARDING FIRST FINAL CONSENT DECREE -18- <br /> 0009203.10 10/03/94 Lal 10:43 AM <br />