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performed by the Settling Dry Cleaning Defendants. This section <br /> vests the RWQCB with all powers and authorities of an On-Site <br /> Coordinator ("OSC") as provided by the National Contingency Plan. <br /> Pursuant to CERCLA Section 105 (42 USC Section 9605) , <br /> the U.S. EPA, as a result of delegation from the President, must <br /> promulgate a National Contingency Plan (NCP) that provides an <br /> organizational structure and procedures for preparing for and <br /> responding to discharges of oil and releases of hazardous <br /> substances, pollutants and contaminants. The NCP (40 CFR Section <br /> 300.120) sets forth the general responsibilities of the OSC. By <br /> delegation from the President under federal law, OSC is vested <br /> with broad regulatory powers that are enumerated under CERCLA, <br /> including, for example, the unilateral power to "shut down" <br /> ongoing remediation or removal efforts at a site. <br /> This Consent Decree attempts to delegate the <br /> statutorily mandated powers of an OSC under federal law to a <br /> California state entity (the RWQCB) that would otherwise lack <br /> such plenary powers (except through explicit delegation from U.S. <br /> EPA) . Equipment Manufacturers maintain that neither Settling <br /> Defendants nor this Court has the authority to permit this <br /> delegation. The purported delegation is particularly troublesome <br /> in view of the fact that the RWQCB is not a party to this action, <br /> or a signatory to this Consent Decree and not, therefore, within <br /> the jurisdiction of this Court. <br /> The NCP proscribes different responsibilities for the <br /> u\16207\031\50CCn0C0.002 <br /> -6- <br />