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6. DTSC-Required Modification. DTSC may require modification, <br /> replacement, or additions to the Remediation System if the Remediation System <br /> or part of thereof is not achieving the remediation objectives or is not protecting <br /> human health or the environment. DTSC may require additional evaluations, <br /> designs and the construction and operation of facilities to achieve these <br /> objectives. <br /> 7. Five-Year Review. Proponent shall review and reevaluate the <br /> Remediation System after a period of five years from the completion of <br /> construction and startup of the Remediation System and every five years <br /> thereafter. The review and reevaluation shall be conducted to determine if <br /> human health and the environment are being adequately protected by the <br /> Remediation System. Within 30 days before the end of each five-year period, <br /> Proponent shall submit a five-year review workplan to DTSC for review and <br /> approval. Within 60 days of DTSC's approval of the workplan, Proponent shall <br /> implement the workplan and submit a report of the results of the five-year review. <br /> The report shall describe the results of all sampling analyses, tests and other <br /> data generated or received by Proponent and evaluate the adequacy of the <br /> implemented remedy in protecting human health and the environment. As a <br /> result of any review work performed under this Agreement, DTSC may require <br /> Proponent to perform additional review work or modify the review work previously <br /> performed by Proponent. <br /> 8. Quality Control/Quality Assurance (QC/QA). All sampling and analysis <br /> conducted by Proponent under this Agreement shall be performed in accordance <br /> with the QC/QA procedures submitted by Proponent and approved by DTSC <br /> pursuant to this Agreement. <br /> 9. Financial Assurance. Proponent must assure that sufficient funds are <br /> available to implement all the requirements of this Agreement and to pay DTSC's <br /> costs as specified in Paragraph 10. Proponent has established a Letter of Credit <br /> and Stand by Trust for Operation and Maintenance as the financial assurance <br /> mechanism that meets DTSC's requirements pursuant to California Code of <br /> Regulations, title 22, section 66265.143. The Department requires adequate <br /> financial assurance in an appropriate mechanism that ensures that at least <br /> $803,674 will be made available to the Department in the event that the <br /> Respondent fails to perform any obligation under this agreement including but <br /> not limited to payment of the Department's costs when billed. <br /> 10. Cost Recovery and Payment. <br /> 10.1. Proponent is liable for all of DTSC's costs incurred in implementing <br /> this Agreement, including costs of overseeing the work performed by Proponent, <br /> and in responding to any contamination at the Site. Cost recovery may be <br /> pursued by DTSC pursuant to applicable state or federal laws or common law. <br /> DTSC will invoice Proponent for DTSC's costs on a quarterly basis. <br /> 3 <br />