AMD Sources and Existing Treatment Sample Clauses

AMD Sources and Existing Treatment. There are currently five Managed AMD Discharge Points at the Site. Pursuant to the AAA, the Regional Board has been treating AMD from the Adit and Pit Underdrain since approximately 1999 using a lime-addition treatment system located near Pond 1 (the “Pond 1 Treatment System”). Pursuant to the 2009 AOC and a prior administrative order issued by EPA in 2000, Atlantic Richfield has been treating AMD from the Channel Underdrain and the Delta Seep on an intermittent basis since approximately 2001 using various technologies, including, most recently, a high-density-sludge (“HDS”) treatment system located near Pond 4, and treating AMD from the Aspen Seep since approximately 2003 using a bioreactor treatment system located near the Aspen Seep. Except as otherwise specified in this Section IV.C, and until commencement of Remedial Action as set forth in Section V.B of this Agreement, Atlantic Richfield and the Regional Board shall each continue to perform the AMD treatment work required of them, respectively, by the 2009 AOC and the AAA, including any modifications or replacements thereof that may be issued by EPA, including those issued in accordance with Section IV.D of this Agreement. Atlantic Richfield shall be solely responsible for paying all Response Costs that it incurs in performing such work, and the Regional Board shall be solely responsible for paying all Response Costs that it incurs in performing such work. Atlantic Richfield shall not be responsible under this Agreement for paying any “09PV Costs”, as such term is defined in Paragraph 7.i.ii of the 2009 AOC. The Regional Board shall not be responsible under this Agreement for paying any “09PU Costs”, as such term is defined in Paragraph 7.i.i of the 2009 AOC. Except as otherwise specified in Section IV.D of this Agreement, after the Effective Date of this Agreement, Atlantic Richfield and the Regional Board each hereby agree that they will not seek from EPA, or agree to, any material modifications to the work requirements imposed upon them by the 2009 AOC and the AAA, respectively, that cause or are reasonably likely to cause, in any material aspect, a transfer of such work requirements to the other Party or any increase in the nature, cost, or scope of the work requirements imposed by EPA on the other Party, except by mutual written agreement between Atlantic Richfield and the Regional Board.
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