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FINAL EXECUTION COPY <br /> event such ratification is not received, this Agreement and <br /> Order shall be null and Void as between the Company and Board <br /> and as between the Board and the Department. The Parties <br /> will, no later than August 17, 1984, negotiate and execute <br /> appropriate amendments to this Agreement and Order reflecting <br /> this lack of Board ratification and its impact on the remain- <br /> ing relationship between the Company and the Department. <br /> With regard particularly to the first two para- <br /> graphs of this Section XI and with regard generally to the <br /> remainder of this Agreement and Order, it is the intent of <br /> the Parties that no State enforcement actions of any sort <br /> shall be initiated for acts or omissions by the Company which <br /> amount to insignificant noncompliance with, as applicable, <br /> this Agreement and Order, the Operation Plan, the ISD and/or <br /> Permit, the Act, the Porter-Cologne Act, or orders or regula- <br /> tions adopted thereunder. <br /> In recognition of the Company' s commitments pursu- <br /> ant to this Agreement and Order, the Department shall, no <br /> later than August 13, 1984, distribute for 45-day public <br /> comment a proposed initial Permit ( Initial Permit) for the <br /> facility that incorporates the terms of the Operation Plan <br /> approved by the Department pursuant to Section XI of the <br /> Settlement Agreement. The Initial Permit will apply to all <br /> portions of the facility otherwise subject to state hazardous <br /> waste statutes and attendant regulations, except the storm- <br /> water ponds. That portion of the ISD applicable to the ponds <br /> will remain in effect, subject to the provisions of Sec- <br /> tion X. 1 of the Settlement Agreement. The Initial Permit may <br /> 11 of 23 <br />