Common use of ACTION DETERMINATIONS Clause in Contracts

ACTION DETERMINATIONS. Whenever any of the following reportable conditions are observed, DOE shall follow the appropriate procedures in this section. Reportable conditions include: • Exceedances of surface water standards at surface water and groundwater monitoring locations consistent with the attached flowcharts; • Evidence of significant erosion in areas of residual subsurface contamination; • Evidence of adverse biological conditions; • Conditions affecting the effectiveness of the landfill covers; • Evidence of violation of the institutional controls; • Physical control failure that adversely affects the remedy; or • Other abnormal conditions that adversely affect the remedy. When reportable conditions occur (except in the case of evidence of violation of institutional controls as described below), DOE will inform CDPHE and EPA within 15 days of receiving the inspection reports or validated data. Within 30 days of receiving inspection reports or validated analytical data documenting a reportable condition, DOE will submit a plan and a schedule for an evaluation to address the condition. DOE will consult as described in RFLMA Paragraph 11 to determine if mitigating actions are necessary. Final plans and schedules for mitigating actions, if any, will be approved by CDPHE in consultation with EPA. DOE is not, however, precluded from undertaking timely mitigation once a reportable condition has been identified. In the case of evidence of violation of institutional controls, DOE will notify EPA and CDPHE within 2 days of discovering any evidence of such a violation, and at that time will initiate the consultative process to address the situation. In no case will DOE notify EPA and CDPHE more than 10 days after the discovery of a situation that may interfere with the effectiveness of the institutional controls. DOE will notify EPA and CDPHE of the actions it is taking within 10 days after beginning the process to address the situation. The RFLMA Parties will consult whenever reportable conditions are observed or at the request of one of the Parties when routine communication processes are not sufficient or appropriate. The objective of the consultation will be to determine a course of action to address the reportable condition and to ensure the remedy remains protective. Results of consultation will be documented in contact records and/or written correspondence. Surface water and groundwater monitoring results will be evaluated as described in the following flowcharts: • Figure 5 Flowchart—Points of Compliance • Figure 6 Flowchart—Points of Evaluation • Figure 7 Flowchart—Area of Concern Xxxxx and SW018 • Figure 8 Flowchart—Sentinel Xxxxx • Figure 9 Flowchart—Evaluation Xxxxx • Figure 10 Flowchart—RCRA Xxxxx • Figure 11 Flowchart—Groundwater Treatment Systems • Figure 12 Flowchart—Original Landfill Surface Water • Figure 13 Flowchart—Pre-discharge Pond Sampling Exceedances of water quality standards at a POC may be subject to civil penalties under Sections 109 and 310(c) of CERCLA. In addition, failure of DOE to notify the State and EPA of such exceedances or other reportable occurrences, or failure to undertake source evaluations or mitigating actions as described above, will be enforceable consistent with the terms of Part 8 of the RFLMA.

ACTION DETERMINATIONS. Whenever any of the following reportable conditions are observed, DOE shall follow the appropriate procedures in this section. Reportable conditions include: • Exceedances of surface water standards at surface water and groundwater monitoring locations consistent with the attached flowcharts; • Evidence of significant erosion in areas of residual subsurface contamination; • Evidence of adverse biological conditions; • Conditions affecting the effectiveness of the landfill covers; • Evidence of violation of the institutional controls; • Physical control failure that adversely affects the remedy; or • Other abnormal conditions that adversely affect the remedy. When reportable conditions occur (except in the case of evidence of violation of institutional controls as described below), DOE will inform CDPHE and EPA within 15 days of receiving the inspection reports or validated data. Within 30 days of receiving inspection reports or validated analytical data documenting a reportable condition, DOE will submit a plan and a schedule for an evaluation to address the condition. DOE will consult as described in RFLMA Paragraph 11 to determine if mitigating actions are necessary. Final plans and schedules for mitigating actions, if any, will be approved by CDPHE in consultation with EPA. DOE is not, however, precluded from undertaking timely mitigation once a reportable condition has been identified. In the case of evidence of violation of institutional controls, DOE will notify EPA and CDPHE within 2 days of discovering any evidence of such a violation, and at that time will initiate the consultative process to address the situation. In no case will DOE notify EPA and CDPHE more than 10 days after the discovery of a situation that may interfere with the effectiveness of the institutional controls. DOE will notify EPA and CDPHE of the actions it is taking within 10 days after beginning the process to address the situation. The RFLMA Parties will consult whenever reportable conditions are observed or at the request of one of the Parties when routine communication processes are not sufficient or appropriate. The objective of the consultation will be to determine a course of action to address the reportable condition and to ensure the remedy remains protective. Results of consultation will be documented in contact records and/or written correspondence. Surface water and groundwater monitoring results will be evaluated as described in the following flowcharts: • Figure 5 Flowchart—Flowchart – Points of Compliance • Figure 6 Flowchart—Flowchart – Points of Evaluation • Figure 7 Flowchart—Flowchart – Area of Concern Xxxxx Xxxxx, Boundary Xxxxx, and SW018 • Figure 8 Flowchart—Flowchart – Sentinel Xxxxx • Figure 9 Flowchart—Flowchart – Evaluation Xxxxx • Figure 10 Flowchart—Flowchart – RCRA Xxxxx • Figure 11 Flowchart—Flowchart – Groundwater Treatment Systems • Figure 12 Flowchart—Flowchart – Original Landfill Surface Water • Figure 13 Flowchart—Pre-discharge Pond Sampling Exceedances of water quality standards at a POC may be subject to civil penalties under Sections 109 and 310(c) of CERCLA. In addition, failure of DOE to notify the State and EPA of such exceedances or other reportable occurrences, or failure to undertake source evaluations or mitigating actions as described above, will be enforceable consistent with the terms of Part 8 of the RFLMA.Water

ACTION DETERMINATIONS. Whenever any of the following reportable conditions are observed, DOE shall follow the appropriate procedures in this section. Reportable conditions include: •  Exceedances of surface water standards at surface water and groundwater monitoring locations consistent with the attached flowcharts; •  Evidence of significant erosion in areas of residual subsurface contamination; •  Evidence of adverse biological conditions; •  Conditions affecting the effectiveness of the landfill covers; •  Evidence of violation of the institutional controls; •  Physical control failure that adversely affects the remedy; or •  Other abnormal conditions that adversely affect the remedy. When reportable conditions occur (except in the case of evidence of violation of institutional controls as described below), DOE will inform CDPHE and EPA within 15 days of receiving the inspection reports or validated data. Within 30 days of receiving inspection reports or validated analytical data documenting a reportable condition, DOE will submit a plan and a schedule for an evaluation to address the condition. DOE will consult as described in RFLMA Paragraph 11 to determine if mitigating actions are necessary. Final plans and schedules for mitigating actions, if any, will be approved by CDPHE in consultation with EPA. DOE is not, however, precluded from undertaking timely mitigation once a reportable condition has been identified. In the case of evidence of violation of institutional controls, DOE will notify EPA and CDPHE within 2 days of discovering any evidence of such a violation, and at that time will initiate the consultative process to address the situation. In no case will DOE notify EPA and CDPHE more than 10 days after the discovery of a situation that may interfere with the effectiveness of the institutional controls. DOE will notify EPA and CDPHE of the actions it is taking within 10 days after beginning the process to address the situation. The RFLMA Parties will consult whenever reportable conditions are observed or at the request of one of the Parties when routine communication processes are not sufficient or appropriate. The objective of the consultation will be to determine a course of action to address the reportable condition and to ensure the remedy remains protective. Results of consultation will be documented in contact records and/or written correspondence. Surface water and groundwater monitoring results will be evaluated as described in the following flowcharts: •  Figure 5 Flowchart—Points of Compliance •  Figure 6 Flowchart—Points of Evaluation •  Figure 7 Flowchart—Area of Concern Xxxxx and SW018 •  Figure 8 Flowchart—Sentinel Xxxxx •  Figure 9 Flowchart—Evaluation Xxxxx •  Figure 10 Flowchart—RCRA Xxxxx •  Figure 11 Flowchart—Groundwater Treatment Systems •  Figure 12 Flowchart—Original Landfill Surface Water •  Figure 13 Flowchart—Pre-discharge Pond Sampling Exceedances of water quality standards at a POC may be subject to civil penalties under Sections 109 and 310(c) of CERCLA. In addition, failure of DOE to notify the State and EPA of such exceedances or other reportable occurrences, or failure to undertake source evaluations or mitigating actions as described above, will be enforceable consistent with the terms of Part 8 of the RFLMA.

ACTION DETERMINATIONS. Whenever any of the following reportable conditions are observed, DOE shall follow the appropriate procedures in this section. Reportable conditions include: • Exceedances of surface water standards at surface water and groundwater monitoring locations consistent with the attached flowcharts; • Evidence of significant erosion in areas of residual subsurface contamination; • Evidence of adverse biological conditions; • Conditions affecting the effectiveness of the landfill covers; • Evidence of violation of the institutional controls; • Physical control failure that adversely affects the remedy; or • Other abnormal conditions that adversely affect the remedy. When reportable conditions occur (except in the case of evidence of violation of institutional controls as described below), DOE will inform CDPHE and EPA within 15 days of receiving the inspection reports or validated data. Within 30 days of receiving inspection reports or validated analytical data documenting a reportable condition, DOE will submit a plan and a schedule for an evaluation to address the condition. DOE will consult as described in RFLMA Paragraph 11 to determine if mitigating actions are necessary. Final plans and schedules for mitigating actions, if any, will be approved by CDPHE in consultation with EPA. DOE is not, however, precluded from undertaking timely mitigation once a reportable condition has been identified. In the case of evidence of violation of institutional controls, DOE will notify EPA and CDPHE within 2 days of discovering any evidence of such a violation, and at that time will initiate the consultative process to address the situation. In no case will DOE notify EPA and CDPHE more than 10 days after the discovery of a situation that may interfere with the effectiveness of the institutional controls. DOE will notify EPA and CDPHE of the actions it is taking within 10 days after beginning the process to address the situation. The RFLMA Parties will consult whenever reportable conditions are observed or at the request of one of the Parties when routine communication processes are not sufficient or appropriate. The objective of the consultation will be to determine a course of action to address the reportable condition and to ensure the remedy remains protective. Results of consultation will be documented in contact records and/or written correspondence. Surface water and groundwater monitoring results will be evaluated as described in the following flowcharts: • Figure 5 Flowchart—Flowchart – Points of Compliance • Figure 6 Flowchart—Flowchart – Points of Evaluation • Figure 7 Flowchart—Flowchart – Area of Concern Xxxxx and SW018 • Figure 8 Flowchart—Flowchart – Sentinel Xxxxx • Figure 9 Flowchart—Flowchart – Evaluation Xxxxx • Figure 10 Flowchart—Flowchart – RCRA Xxxxx • Figure 11 Flowchart—Flowchart – Groundwater Treatment Systems • Figure 12 Flowchart—Flowchart – Original Landfill Surface Water • Figure 13 Flowchart—Pre-discharge Pond Sampling Exceedances of water quality standards at a POC may be subject to civil penalties under Sections 109 and 310(c) of CERCLA. In addition, failure of DOE to notify the State and EPA of such exceedances or other reportable occurrences, or failure to undertake source evaluations or mitigating actions as described above, will be enforceable consistent with the terms of Part 8 of the RFLMA.Water