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I opportunity to review the materials in support of costs incurred either through documents made <br /> 2 public through the document depository or when the assigned claims are asserted and relevant <br /> 3 discovery is undertaken. Accordingly, the service requirements of the Consent Decree are <br /> 4 appropriate as drafted. <br /> 5 Comment#18: <br /> 6 Section Addressed: Section XI, Remedial Actions <br /> 7 Page 15, Line 20-25 <br /> 8 Summary of Comment Received: <br /> 9 The Commenters, Equipment Manufacturers, note that Section XI of the Consent <br /> 10 Decree does not require the Settling Dry Cleaning Defendants to commence the additional public <br /> 11 comment period required by Section XI.A.Lf of the Consent Decree if they reasonably determine <br /> 12 that the changes to the Proposed Remedial Action Plan could be reasonably anticipated by the <br /> 13 public based on the alternatives. The Commenters propose that either the Court or a Special <br /> 14 Master should make such a determination rather than the Settling Dry Cleaning Defendants. <br /> 15 Settling Pa-diu' Response; <br /> 16 The Settling Parties respond that Section XI.A.1 of the Consent Decree requires <br /> 17 that the Settling Dry Cleaning Defendants commence an additional public comment period if <br /> 18 they reasonably determine, as reflected in a written notice served on all Settling Parties,that the <br /> 19 changes to a Proposed Remedial Action Plan could be reasonably anticipated by the public during <br /> 20 the initial public comment period based upon the alternatives and other information available in the <br /> 21 original proposed plan or supporting analysis and information. The Settling Parties further <br /> 22 respond that this standard to be applied by the Settling Dry Cleaning Defendants is, as a matter <br /> 23 of law, the correct standard applicable to such a determination. Should the Commenters disagree <br /> 24 with the application of this standard by the Settling Dry Cleaning Defendants, the Commenters <br /> 25 may, as parties to this action, move this Court directly for an order commencing an additional <br /> 26 public comment period at the appropriate time. <br /> 27 <br /> 28 <br /> JOINT SUMMARY OF PUBLIC COMMENTS&RESPONSES REGARDING FIRST FINAL CONSENT DECREE -25- <br /> 0009203.10 10/03/94 @ 10:43 AM <br />