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i <br /> I Section IV.D on page 4, lines 23-24 already includes these substances and their specific inclusion <br /> 2 may be confusing. <br /> 3 Settling Parties' Response: <br /> 4 The Settling Parties acknowledge that phrase, "including perchloroethylene(PCE), <br /> 5 trichloroethylene(TCE), and 1-2 dicloroethylene (sic) (DCE),"in Section IV.L on page 6, lines 6- <br /> 6 7,may be duplicative in that those substances are specifically referenced in the definition of <br /> 7 "Hazardous Substances"in Section IV.D on page 4, lines 23-24, but the Settling Parties each <br /> 8 adopted intransigent positions during the negotiations of the Consent Decree and this compromise <br /> 9 will not engender confusion or litigation in the future. Accordingly,the Settling Parties assert that <br /> 10 this language should remain as agreed to by the Settling Parties and as drafted. <br /> I 1 Comment#12• <br /> 12 Section Addressed: Section VI, Commitments of the Settling Parties <br /> 13 Page 8, Line 7 to Page 9, Line 7 <br /> 14 Summary of Comment Received: <br /> 15 The Commenters,the Equipment Manufacturers, assert that Section VI regarding <br /> 16 Commitments of the Settling Parties should be amended to specifically identify the federal, state <br /> 17 and local agencies that have or may incur oversight costs and should describe the statutory and <br /> 18 regulatory scheme applicable to payment of these oversight costs. <br /> 19 SettlingParties' Response: <br /> 20 The Settling Parties respond that Section VI of the Consent Decree appropriately <br /> 21 provides that any costs incurred to comply with any federal, state or local requirement imposed by <br /> 22 law,regulation, or valid administrative or judicial order upon any Settling Party shall be paid by <br /> 23 the Settling Dry Cleaning Defendants. Any governmental agency that has the lawful authority to <br /> 24 impose, collect or obtain reimbursement for costs incurred in relation to the Site may do so, except <br /> 25 to the extent that their actions are inconsistent with, or unduly interfere with, or impede the <br /> 26 implementation of the Federal Court's orders. <br /> 27 In addition, the right of the Settling Dry Cleaning Defendants, who are <br /> 28 responsible for paying these costs, to challenge these costs is preserved under the Consent Decree. <br /> JOINT SUMMARY OF PUBLIC COMMENTS&RESPONSES REGARDING FIRST FINAL CONSENT DECREE -19- <br /> 0009203.10 10/03/94 rt 10:43 AM <br />