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4.2.9 RWQCB, in adopting Clean Up and Abatement Order #86-038, has <br /> determined that the discharge of wastes to waters of the state has created <br /> or threatens to create a condition of nuisance and pollution. <br /> 4.2.10 The provisions of this Agreement are reasonable and necessary <br /> to protect the public health or welfare or the environment. <br /> 4.2.11 SHAD is the lead agency for accomplishing the RI/FS in accor- <br /> dance with Section 120(e)(1) of CERCLA/SARA, 42 U.S.C. 9620(e)(1). <br /> 5. PURPOSE <br /> 5. 1 The general purposes of this Agreement are to: <br /> 5.1.1 Ensure that the environmental impacts associated with past and <br /> present activities at the Site are thoroughly investigated and appropriate <br /> remedial action taken as necessary to protect the public health, welfare, <br /> and the environment; <br /> 5.1.2 Establish a procedural framework and schedule for developing, <br /> implementing, and monitoring appropriate response actions at the Site in <br /> accordance with CERCLA/SARA, the NCP, Superfund guidance and policy, RCRA, <br /> and RCRA guidance and policy; and, <br /> 5.1.3 Facilitate cooperation, exchange of information, and participa- <br /> tion of the Parties in such actions. <br /> 5.2 Specifically, the purposes of this Agreement are to: <br /> 5.2.1 Identify Operable Units (OUs) which are appropriate at the Site <br /> prior to the implementation of final remedial action(s) for the Site. OUs <br /> shall be identified and proposed to the Parties as early as possible prior <br /> to formal proposal of an OU pursuant to CERCLA/SARA. This process is <br /> -12- <br />