Laserfiche WebLink
OTHER CLAIMS <br /> 22. Except as provided in this Consent Agreement, nothing in this Consent <br /> Agreement shall constitute or be construed as a release by DTSC or Respondent from <br /> any claim, cause of action, or demand in law or equity against any person, firm, <br /> partnership, or corporation for any liability it may have arising out of or relating in any <br /> way to the generation, storage, treatment, handling, transportation, release, or disposal <br /> of any hazardous constituents, hazardous substances, hazardous wastes, pollutants, or <br /> contaminants found at, taken to, or taken or migrating from the Facility. <br /> COMPLIANCE WITH WASTE DISCHARGE REQUIREMENTS <br /> 23. Respondent shall comply with all applicable waste discharge <br /> requirements issued by the State Water Resources Control Board or a California <br /> regional water quality control board. <br /> OTHER APPLICABLE LAWS <br /> 24. All actions required by this Consent Agreement shall be conducted in <br /> accordance with the requirements of all local, state, and federal laws and regulations. <br /> Respondent shall obtain or cause its representatives to obtain all permits and approvals <br /> necessary under such laws and regulations. <br /> REIMBURSEMENT OF DTSC'S COSTS <br /> 25.1. Respondent shall pay DTSC's costs incurred in the implementation of <br /> this Consent Agreement. <br /> 25.2. An estimate of DTSC's costs is attached as Exhibit A showing the <br /> amount of$66,706. It is understood by the parties that this amount is only a cost <br /> estimate for the activities shown on Exhibit A and it may differ from the actual costs <br /> incurred by DTSC in overseeing these activities or in implementing this Consent <br /> Agreement. DTSC will provide additional cost estimates to Respondent as the work <br /> progresses under the Consent Agreement. {Note: The estimate of DTSC's oversight <br /> cost shown in Exhibit A does not need to cover the entire corrective action process. It <br /> may be limited to the first phase(s) of the corrective action. For example, it may include <br /> activities up to the RFI Report, or the Risk Assessment Report if one is required. The <br /> cost estimate may also be limited to the oversight activities during the first calendar or <br /> fiscal year. The types or phases of the activities covered by Exhibit A, or the time <br /> period covered by Exhibit A, must be clearly stated on Exhibit A.} <br /> 25.3. Respondent shall make an advance payment to DTSC in the amount <br /> of $33,352 within 30 days of the effective date of this Consent Agreement. If the <br /> advance payment exceeds DTSC's costs, DTSC will refund the balance within 120 days <br /> after the execution of the Acknowledgment of Satisfaction pursuant to Section 27 of this <br /> Consent Agreement. <br /> 25.4. DTSC will provide Respondent with a billing statement at least <br /> quarterly, which will include the name(s) of the employee(s), identification of the <br /> activities, the amount of time spent on each activity, and the hourly rate charged. If <br /> Respondent does not pay an invoice within 60 days of the date of the billing statement, <br /> 12 <br />