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environment are being adequately protected by the remedy as implemented. This review will include evaluating the adequacy of the land use controls in protecting human health and the environment, validity of exposure assumptions and toxicity data, and identifying whether any other information has been presented that could question the protectiveness of the land use controls. The Owner shall submit a report to the Department for its review and approval describing the results of the review and any inspections, sampling analyses, tests and other data generated or received by Owner and evaluate the adequacy of the implemented remedy in protecting human health and the environment. As a result of any review work performed, DTSC may require Owner to perform additional work or modify the work previously performed by Owner. ARTICLE V ENFORCEMENT 5.01. Enforcement. Failure of the Owner or Occupant to comply with this Covenant shall be grounds for the Department to require modification or removal of any Improvements constructed or placed upon any portion of the Property in violation of this Covenant. Violation of this Covenant, including but not limited to, failure to submit, or the submission of any false statement, record or report to the Department, shall be grounds for the Department to pursue administrative, civil, or criminal actions, as provided by law. ARTICLE VI VARIANCE, TERMINATION, AND TERM 6.01. Variance from Restriction. Any person may apply to the Department for a written variance from a restriction imposed by this Covenant. Such application shall be made in accordance with Health and Safety Code section 25223. 6.02 Removal of Restriction. Any person may apply to the Department to remove a restriction imposed by this Covenant. Such application shall be made in accordance with Health and Safety Code section 25224. Page 7