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10.3. Concurrent with the submission of a CMI Workplan, Respondent shall <br /> submit to DTSC for approval a Community Profile in accordance with Attachment 3. <br /> Based on the information provided in the Community Profile and any Supplement to the <br /> Community Profile, if DTSC determines that there is a high level of community concern <br /> about the Facility, DTSC may require Respondent to prepare a Public Participation <br /> Plan. <br /> 10.4. The CMI program shall be designed to facilitate the design, <br /> construction, operation, maintenance, and monitoring of corrective measures at the <br /> Facility. In accordance with the schedule contained in the approved CMI Workplan, <br /> Respondent shall submit to DTSC the documents listed below, to the extent applicable. <br /> These documents shall be developed in a manner consistent with the Scope of Work for <br /> Corrective Measures Implementation contained in Attachment 6. <br /> o Operation and Maintenance Plan <br /> o Draft Plans and Specifications <br /> o Final Plans and Specifications <br /> o Construction Workplan <br /> o Construction Completion Report <br /> o Corrective Measures Completion Report <br /> 10.5. DTSC will review all required CMI documents and notify Respondent in <br /> writing of DTSC's approval or disapproval. <br /> 10.6. As directed by DTSC, within 30 days of DTSC's approval of all <br /> required CMI documents, Respondent shall establish a financial assurance mechanism <br /> for Corrective Measures Implementation. The financial assurance mechanisms may <br /> include a performance or surety bond, liability insurance, an escrow performance <br /> guarantee account, a trust fund, financial test, or corporate guarantee as described in <br /> California Code of Regulations, title 22, section 66265.143 or any other mechanism <br /> acceptable to DTSC. The mechanism shall be established to allow DTSC access to the <br /> funds to undertake Corrective Measures Implementation tasks if Respondent is unable <br /> or unwilling to undertake the required actions. <br /> CALIFORNIA ENVIRONMENTAL QUALITY ACT <br /> 11. DTSC must comply with the California Environmental Quality Act <br /> (CEQA) insofar as activities required by this Consent Agreement are projects subject to <br /> CEQA. - Respondent shall provide all information necessary to facilitate any CEQA <br /> analysis. DTSC will make an initial determination regarding the applicability of CEQA. <br /> If the activities are not exempt from CEQA, DTSC will conduct an Initial Study. Based <br /> on the results of the Initial Study, DTSC will determine if a Negative Declaration or an <br /> Environmental Impact Report (EIR) should be prepared. DTSC will prepare and <br /> process any such Negative Declaration. However, should DTSC determine that an EIR <br /> is necessary, such an EIR would be prepared under a separate agreement between <br /> DTSC and Respondent. <br /> 11 <br /> 11 <br /> 7 <br />