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• FINAL EXECUTION COPY <br /> as Surface Impoundments, the Operation Plan will be <br /> revised at that time to include the ponds. <br /> Nothing in this Agreement or Order shall be <br /> construed either to prevent the Department from amending the <br /> ISD or any Permit as necessary to ensure compliance with <br /> applicable laws and regulations; or to prevent the Board from <br /> amending waste discharge requirements to be consistent with <br /> the Department' s Permit or ISD, or to comply with applicable <br /> laws and regulations. <br /> XII <br /> Nothing in this Agreement or Order shall be con- <br /> strued to prevent or limit the Department from taking any <br /> removal, remedial, or cost recovery actions pursuant to the <br /> Hazardous Substances Account Act, Health & Safety Code, <br /> Section 25300 et seq. The Company' s compliance with the <br /> terms of this Agreement and Order shall be deemed to consti- <br /> tute proper and timely removal and remedial action for <br /> purposes of Section 25355 (b) of the Health & Safety Code; and <br /> its actions pursuant to this Agreement and Order shall be <br /> deemed to be a "release authorized or permitted pursuant to <br /> state law" for the purposes of Section 25326 0£ that Code. <br /> Subject to the preceding sentence, the Department also <br /> specifically reserves its rights under Section 25358 . 3 of the <br /> Health and Safety Code. Nothing in this Agreement or Order <br /> shall be construed to prevent or limit the Board from taking <br /> any action permitted by law with regard to any water quality <br /> degradation that may have occurred as a result of any past or <br /> 14 of 23 <br />