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1 and has asserted no administrative jurisdiction over, the Site, and has neither assigned nor <br /> 2 appointed an OSC for the Site. If and when the U.S. EPA does assert jurisdiction at the Site, the <br /> 3 Administrator of the U.S. EPA is entirely capable of addressing to the Court any concems he might <br /> 4 have with respect to the allocation of powers usually asserted by an OSC. <br /> 5 In fact, the Consent Decree and the Court's Order merely defines those powers <br /> 6 granted to the RWQCB by reference to some of the types of powers ascribed to an OSC under the <br /> 7 NCP. The source of the powers granted to the RWQCB is the Court's Order to the Settling <br /> 8 Parties issued in furtherance of the Court's jurisdiction over the Settling Parties' responsibilities <br /> 9 for the remediation at the Site and are granted to enable to the RWQCB to effect the Court's <br /> 10 mandate. The powers granted to the RWQCB under the Consent Decree and by the Court's Order <br /> 11 are both necessary and proper. <br /> 12 Comment#17• <br /> 13 Section Addressed: Section XI, Remedial Action <br /> 14 Page 13, Line 13 to Page 21, Line 2 <br /> 15 Summary of Comment Received: <br /> 16 The Commenters, Equipment Manufacturers, assert that the Settling Dry Cleaning <br /> 17 Defendants should be required to serve the Equipment Manufacturers, with copies of all materials <br /> 18 referenced in Section XI in the same manner that they must serve plaintiff LPL and the Public <br /> 19 Agencies. <br /> 20 Settling Parties' Response: <br /> 21 The Settling Parties respond that the Equipment Manufacturers have not yet agreed <br /> 22 to,nor have they been ordered to,pay the costs associated with the remediation, nor do they have <br /> 23 any role in performing or overseeing the Work. The Equipment Manufacturers, third-party <br /> 24 defendants, not parties to the Permanent Injunction or the Consent Decree, should not receive <br /> 25 copies of the same materials as those responsible for effecting and overseeing the Work. In any <br /> 26 event, all documents submitted to any public agency in connection with the environmental <br /> 27 contamination at or emanating from the Site must be promptly placed in the Document Depository <br /> 28 pursuant to the Court's Order filed April 2, 1992. The Equipment Manufacturers will have ample <br /> JOINT SUMMARY OF PUBLIC COMMENTS&RESPONSES REGARDING FIRST FINAL CONSENT DECREE -24- <br /> 0009203.10 10/03/94 Q 10:43 AM <br />