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4 • • Department of Health Services December 22 , 1988 Page 2 The Requirements of the RAO Exhibit F (Schedule of Actions or Deliverables) to the RAO states that Marley will submit the RIR to DHS by January 15 , 1989 . Section 6 . 5 of the RAO states that DHS may accept, modify, or return such submittal to Marley with recommended changes, " within 30 days" . That Section goes on to state that : "If action by the Department is not taken within the time limit, then the delayed action shall be accompanied by a revised schedule with suitable extensions to deadlines for subsequent work activities . " Section 6 . 7 of the RAO states that if Marley is for any reason unable to perform any activity or submit any document within the time required under the RAO, it may request in writ- ing an extension of the time specified. The request must in- clude a justification for the delay and must be made in advance of the date on which the activity or report is due. Section 6 . 8 of the RAO states that DHS may grant a request for an extension if good cause exists and it will specify in writing a new schedule for the activity in question . The Basis for the Request for Extension (1 ) The Delay in Approval. During the summer of 1987 DHS advised Marley that it desired further definition of the off-site contamination plume. After further discussion of the request, Marley agreed to submit to DHS a Phase IV Groundwater Study Work Plan ( "Phase IV Plan" ) on or about October 14 , 1987 . DHS knew that the Phase IV Plan must be completed and analyzed by Marley before Marley could submit a final RIR. After the agreement on Phase IV just noted, the following sequence of events occurred: Date Description October 14 , 1987 Marley submits Phase IV Plan to DHS and Regional Water Quality Control Board ( "Water Board" ) . Oct.-Dec. , 1987 DHS advises Marley that it is engaged in the preparation of RAO and will not comment on Phase IV Plan until RAO is issued. November 25, 1987 Water Board approves Phase IV Plan with minor comments and changes.