FIELD DOCUMENTS AND WORK PLANS 1988

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Department of Health Services December 22, 1988 Page 3 December, 1987 The parties discuss Exhibit F to the RAO and a consensus is reached that the RIR can be completed by January 15 , 1989 if DHS gives approval to the submitted Phase IV Plan "soon" . April 29 , 1988 DHS responds to Marley 's Phase IV Plan and requests major changes in the Plan 's scope and expense. May 27, 1988 Marley responds in writing (expressing its disagreement with DHS 's revisions) and requests a meeting to resolve the dispute. August 19 , 1988 Meeting held to resolve dispute. September 6 , 1988 Field work begins . DHS took six months to respond to Marley ' s Phase IV Plan . Moreover, its response was, in effect, a rejection of the Work Plan and a request for materially more work and expense on Marley ' s part. Marley promptly indicated its disagreement with DHS ' s rejection . Thereafter, the parties engaged in good faith negotiations to resolve this dispute until August 19 , 1988 , when tentative agreement was reached. The combination of delay in response by DHS, and the par- ties ' utilization of the dispute resolution mechanism, caused a ten month delay in the preparation of the RIR. Under the terms of the Settlement Agreement (and RAO) Marley is entitled to a like extension in the RIR submittal date. (2 ) The Additional Field Work. The Phase IV Plan as ap- proved required a minimum of 16 additional wells and at least one additional continuously cored exploratory boring. While all the points in DHS ' s revisions were not accepted by Marley, the parties agreed that the field work would proceed and the need for more data would be resolved as more information became available. It is possible that Marley will have to construct up to two dozen more wells than originally contemplated in the Phase IV Plan. Marley ' s groundwater consultant estimates that the field work for Phase IV may take through September, 1989 to complete. Moreover, the general consultant estimates it will take approxi- mately eight weeks, or until about December 1 , 1989, to complete the final RIR on the remedial activities.