Laserfiche WebLink
toll, or suspend any other compliance obligation or deadline required pursuant to this <br /> Consent Agreement. <br /> RESERVATION OF RIGHTS <br /> 21.1. DTSC reserves all of its statutory and regulatory powers, authorities, <br /> rights, and remedies, which may pertain to Respondent's failure to comply with any of <br /> the requirements of this Consent Agreement. Respondent reserves all of its statutory <br /> and regulatory rights, defenses and remedies, as they may arise under this Consent <br /> Agreement. This Consent Agreement shall not be construed as a covenant not to sue, <br /> release, waiver, or limitation on any powers, authorities, rights, or remedies, civil or <br /> criminal, that DTSC or Respondent may have under any laws, regulations or common <br /> law. <br /> 21.2. DTSC reserves the right to disapprove of work performed by <br /> Respondent pursuant to this Consent Agreement and to request that Respondent <br /> perform additional tasks. <br /> 21.3. DTSC reserves the right to perform any portion of the work consented <br /> to herein or any additional site characterization, feasibility study, and/or remedial actions <br /> it deems necessary to protect human health and/or the environment. DTSC may <br /> exercise its authority under.any applicable state or federal law or regulation to <br /> undertake response actions at any time. DTSC reserves its right to seek <br /> reimbursement from Respondent for costs incurred by the State of California with <br /> respect to such actions. DTSC will notify Respondent in writing as soon as practicable <br /> regarding the decision to perform any work described in this section. <br /> 21.4. If DTSC determines that activities in compliance or noncompliance <br /> with this Consent Agreement have caused or may cause a release of hazardous waste <br /> and/or hazardous waste constituents, or a threat to human health and/or the <br /> environment, or that Respondent is not capable of undertaking any of the work required, <br /> DTSC may order Respondent to stop further implementation of this Consent Agreement <br /> for such period of time as DTSC determines may be needed to abate any such release <br /> or threat and/or to undertake any action which DTSC determines is necessary to abate <br /> such release or threat. The deadlines for any actions required of Respondent under this <br /> Consent Agreement affected by the order to stop work shall be extended to take into <br /> account DTSC's actions. <br /> 21.5. This Consent Agreement is not intended to be nor shall it be construed <br /> to be a permit. This Consent Agreement is not a substitute for, and does not preclude <br /> DTSC from requiring, any hazardous waste facility permit, post closure permit, closure <br /> plan or post closure plan. The parties acknowledge and agree that DTSC's approval of <br /> any workplan, plan, and/or specification does not constitute a warranty or representation <br /> that the workplans, plans, and/or specifications will achieve the required cleanup or <br /> performance standards. Compliance by Respondent with the terms of this Consent <br /> Agreement shall not relieve Respondent of its obligations to comply with the Health and <br /> Safety Code or any other applicable local, state, or federal law or regulation. <br /> H <br /> 12 <br />