Laserfiche WebLink
1 agencies may have pursuant to law. <br /> <br />2 X. Endangerment During Implementation <br /> <br />3 The Director, Hazardous Waste Management Division, EPA <br /> <br />4 Region 9, may determine that acts or circumstances (whether re- <br /> <br />5 lated to or unrelated to this Order) may endanger human health, <br /> <br />6 welfare or the environment and may order the Respondent to stop <br /> <br />7 further implementation of this Order until the endangerment is <br />8 abated. <br /> <br />9 XI. Government Not Liable <br /> <br />10 The United States Government and its employees and other <br /> <br />11 representatives shall not be liable for any injuries or damages <br /> <br />12 to persons or property resulting from the acts or omissions of <br /> <br />13 Respondent, the Respondent's employees or other representatives <br /> <br />14 caused by carrying out this Order. For the purposes of this Or- <br /> <br />15 der, the United States Government is not a party to any contract <br /> <br />16 with the Respondent. <br /> <br />17 XII. Noncompliance <br /> <br />18 A. A willful violation or failure or refusal to comply <br /> <br />19 with this Order may subject Respondent to a civil penalty of up <br /> <br />20 to $25,000 per day in which the violation occurs or failure to <br /> <br />21 comply continues, pursuant to the provisions of Section 106(b)(1) <br /> <br />22 of CERCLA, 42 U.S.C. Section 9606(b)(1). Failure to comply with <br /> <br />23 this Order without sufficient cause may also subject Respondent <br /> <br />24 to punitive damages of up to three times the total costs incurred <br /> <br />25 by the United States for site response pursuant to Section <br /> <br />26 107(c)(3) of CERCLA, 42 U.S.C. Section 9607(c)(3). <br /> <br />27 B. EPA may take over the response action at any time if <br /> <br />28 EPA determines that the Respondent is not taking appropriate ac- <br />7