Laserfiche WebLink
r - <br /> 20.2 That "SHAD 011 honor all reasonable request for access by the LPA, D611S, 1 <br /> and RWQCB." should override "SHAD's security regulations to limit acces4" <br /> "Unclassifed written security regulations and policies will be open to rdview <br /> and if applied made available to the Parties" is stated. The r gulations <br /> should be made available from the start, in spirit of Subsection 5.1.3 of <br /> this Agreement, not after the regulation that limits an access attempt is <br /> applied. <br /> s <br /> 21.0 The EPA, DOHS, and RWQCB should review remedial action yearly, not allowing <br /> ' a maximum of five years to pass. Once the final remedial action is <br /> implemented the responsibilites of the Parties to this Agreement does not <br /> decrease. Only when the site is restored to its safe fertile condition shouR <br /> review be lessened. <br /> 22.1 The signatory participants are released from liability while a yone else <br /> participating in accordance with the Agreement is not. This liability can <br /> arise while under the supervision of the Signatory ParticipantE . This <br /> potential for "anyone else" to bear responsibility and hence liability <br /> soley must be removed from this Agreement. The removal of the ability for <br /> individuals to potentailly hide behind the doors of their office will <br /> result in a more meaningful and effectual Agreement. <br /> 22.2 It is stated that "SHAD shall not be liable for the stipulated penalty assesse <br /> by the other Parties if the failure is determined, through the dispute <br /> resolution process, not to have occurred." This statement is contridicted <br /> by Subsection 28.7; within which is stated that if dispute res lution is <br /> invoke and "Following the grant of an extension, an assessment of stipulated <br /> ]wnalties or an application for judicial enforcment may be sou ht only to <br /> conilxl compliance with the timetable and deadline or schedule - s most <br /> recently extended" <br /> 29.0 SIM's first requirement prior to a conveyance of title is to i ke provisions <br /> for the continued maintainance of a response action, including any apparatus <br /> necessary for the reponse action. SHAD's second requirement tc sell land, <br /> is 30 days notice to the other Parties; informing the EPA, DOHS , RWQCB of the <br /> provisions made as a condition of sale. These two requitementE should be <br /> expanded to inslude the responsibility of the potential land o eners to the <br /> Agreement and other stipulations stated in Subsection 2.2 PARTIES BOUND. <br /> Subsection 2.2 states that "No change in ownership of the Depot shall in any <br /> way alter the status of responsibility of the Parties under this Agreement." <br /> SHIED remains responsible for the land of the Depot regardless cf land ownershi <br /> 34.4 "If appropriated funds are not available to fulfill SHAD's obligations under <br /> this Agreement, the other Parties reserve the right to initiatc an action <br /> against any other person, or to take any action which would be appropriate <br /> absent this Agreement." Since the ultimate source of funding is delegated <br /> to the Congress of the United States this reservation to hold .individuals <br /> is wrong. As a result of the Congress' responsibility - Congress roust be <br /> involvedin the Agreement. The inclusion of a federal representative, whether <br /> Senatorial or Congressional, would give all Parties in the agr ement a more <br /> direct oceans of interacting with the Community. <br /> 34.5 The possibility that Congress would not delegate -funds for the •nvironmoental <br /> Restoration Fund is highly unlikely. What is more likely is that DASD (E) <br /> would withhold funding. By principle environmental restoration should <br /> be a priority over other activities which would augment envirolaffiental <br /> distruction. <br /> 4 <br />