Common use of Five-Year Review Clause in Contracts

Five-Year Review. Consistent with Section 121(c) of CERCLA, 42 U.S.C. § 9621(c), and in accordance with this Agreement, the DOE agrees that if the remedial action(s) selected results in hazardous substances, pollutants or contaminants remaining at the site, the EPA and SCDHEC will review the remedial action(s) no less often that once every five (5) years after the initiation of the final remedial action(s) to assure that human health and the environment are being protected by the remedial action(s) being implemented. If, upon such review, it is the judgment of EPA or SCDHEC that additional action or modification of a remedial action is appropriate in accordance with Sections 104, 106 or 120 of CERCLA, 42 U.S.C. §§ 9604, 9606 or 9620 then EPA or SCDHEC shall require DOE to submit a proposal to implement such additional or modified action(s), which shall be subject to review and approval by EPA and SCDHEC.‌ Any dispute under this Section shall be resolved under Section XXVII (Resolution of Disputes) of this Agreement.

Five-Year Review. Consistent with Section 121(c) of CERCLA, 42 U.S.C. § 9621(c), and in accordance with this Agreement, the DOE agrees that if the remedial action(s) selected results in hazardous substances, pollutants or contaminants remaining at the site, the EPA and SCDHEC will review the remedial action(s) no less often that once every five (5) years after the initiation of the final remedial action(s) to assure that human health and the environment are being protected by the remedial action(s) being implemented. If, upon such review, it is the judgment of EPA or SCDHEC that additional action or modification of a remedial action is appropriate appropriate‌ in accordance with Sections 104, 106 or 120 of CERCLA, 42 U.S.C. §§ 9604, 9606 or 9620 then EPA or SCDHEC shall require DOE to submit a proposal to implement such additional or modified action(s), which shall be subject to review and approval by EPA and SCDHEC.‌ SCDHEC. Any dispute under this Section shall be resolved under Section XXVII (Resolution of Disputes) of this Agreement.