Common use of Management of Hazardous Substances Clause in Contracts

Management of Hazardous Substances. (a) The Concessionaire shall be responsible for the management, treatment, handling storage, remediation and removal of all Hazardous Substances that are or come to be present and are discovered on, in, under or about the Project Right of Way during the Term in accordance with this Agreement and the Technical Requirements. (b) If the Concessionaire encounters Hazardous Substances within the Project Right of Way that under applicable Law or requirement of a Governmental Authority must be handled, stored, monitored, treated, disposed of, removed, remediated or transported (collectively “Remedial Action”), the Concessionaire shall promptly notify the Department and shall develop a Remedial Action Plan described in the Technical Requirements. The Remedial Action Plan shall be consistent with the standards of due care and shall include (i) conducting such further investigations as may be necessary or appropriate to determine the nature and extent of the Hazardous Substances, (ii) taking reasonable steps, including in the case of excavation, construction, reconstruction or rehabilitation, modifications and/or construction techniques, to avoid or minimize excavation or dewatering in areas with Hazardous Substances, (iii) preparing and obtaining necessary Governmental Approvals for remedial action plans, including Department approval, and (iv) carrying out any remedial action, including, as necessary, off-site disposal of the Hazardous Substances. In the case of the Concessionaire’s management, treatment, handling, storage, remediation and removal of Hazardous Substances that are compensable under this Agreement (including from the Contingency Amount), the Concessionaire shall provide the Department with its proposed Remedial Action Plan and cost estimate prior to undertaking such work for the Department’s approval, which approval shall not be unreasonably withheld or delayed. (c) Before any Remedial Action is taken that would inhibit the Department’s ability to ascertain the nature and extent of the contamination, the Concessionaire shall afford the Department the opportunity to inspect areas and locations containing Hazardous Substances that must be remediated; provided that, in the case of a sudden release of Hazardous Substances, the Concessionaire may take the minimum action necessary to stabilize and contain the release, without prior notice or inspection, but shall immediately notify the Department of the sudden release and its location. (d) The Concessionaire shall obtain all Governmental Approvals relating to Remedial Action. The Concessionaire shall be solely responsible for compliance with such Governmental Approvals and applicable Environmental Laws concerning or relating to Hazardous Substances. In carrying out Remedial Action compensable under this Agreement (including from the Contingency Amount), the Concessionaire shall take such steps and actions as are required and/or which constitute due care to protect and preserve the Department’s potential Claims of contribution and indemnity, statutory or otherwise, against potentially responsible parties. (e) The Concessionaire shall bear all costs and expenses for complying with the provisions of this Article 16, and otherwise complying with applicable Law, except as otherwise provided in this Agreement. (f) The Concessionaire shall carry out the responsibilities of generator of any Hazardous Substances. (g) Unless directed otherwise by the Department, the Concessionaire shall seek to recover costs from any available reimbursement program or from any third party responsible for generating or otherwise creating conditions that lead to the need for Remedial Action.

Management of Hazardous Substances. During the Work Period, the responsibilities of the parties with respect to the management, treatment, handling storage, remediation and removal of all Hazardous Substances shall be allocated and undertaken in accordance with the following terms and conditions: (a) The Department shall reimburse the Concessionaire for its Allocable Costs incurred for the management, treatment, handling, storage, remediation and removal of Pre-Existing Hazardous Substances discovered on the property owned as of the Agreement Date (for the Original Corridor) and as of the Second Amended and Restated Agreement Date (for the NEXT Corridor) by the Department within the Project Right of Way (“VDOT Existing ROW”), subject to compliance with Section 7.09(c). (b) The Concessionaire shall be responsible for the management, treatment, handling storage, remediation and removal of all other Hazardous Substances that are or come to be present and are discovered on, in, under or about in the Project Right course of Way during its work on the Term Project. (c) The parties shall carry out their respective responsibilities in accordance with this Agreement and the provisions of the Technical Requirements. , which entail, at a minimum, that: (bi) If the Concessionaire encounters Hazardous Substances within the Project Right of Way that under applicable Law or requirement of a Governmental Authority must be handled, stored, monitored, treated, disposed of, removed, remediated or transported (collectively “Remedial Action”), the Concessionaire shall promptly notify obtain all environmental site assessments of the affected property and submit copies of such assessments to the Department for its review and shall develop a Remedial Action Plan described in the Technical Requirements. The Remedial Action Plan shall be consistent with the standards of due care and shall include (i) conducting such further investigations as may be necessary or appropriate to determine the nature and extent of the Hazardous Substances, approval; (ii) taking reasonable steps, including in the case of excavation, construction, reconstruction or rehabilitation, modifications and/or construction techniques, to avoid or minimize excavation or dewatering in areas with Hazardous Substances, (iii) preparing and obtaining necessary Governmental Approvals for remedial action Concessionaire shall develop the plans, including Department approval, subject to the review and (iv) carrying out any remedial action, including, as necessary, off-site disposal approval of the Hazardous Substances. In Department, for the case of the Concessionaire’s management, treatment, handling, storage, remediation and removal of the Hazardous Substances that are compensable under this Agreement Substances, and shall obtain all necessary Regulatory Approvals to implement such plans; and (including from the Contingency Amount), iii) the Concessionaire shall provide cost estimates with respect to such Work which is to be reimbursed by the Department with its proposed Remedial Action Plan and cost estimate prior to undertaking such work Department, for the Department’s approval, which review and approval shall prior to proceeding with any such Work. If the Department has not be unreasonably withheld or delayed. responded to a request for such approval pursuant to this subsection (c) Before any Remedial Action is taken that would inhibit within 21 days after the Department’s ability to ascertain the nature and extent acknowledgement of the contaminationreceipt, the Concessionaire request shall afford be deemed to be approved, except to the Department the opportunity to inspect areas and locations containing Hazardous Substances that must be remediated; provided thatextent matters deviate from applicable Technical Requirements, in the case of a sudden release of Hazardous Substances, the Concessionaire may take the minimum action necessary to stabilize and contain the release, without prior notice Regulatory Approvals or inspection, but shall immediately notify the Department of the sudden release and its locationLaw. (d) The Concessionaire shall obtain all Governmental Approvals relating to Remedial Actionseek pre-approval and pursue reimbursement from the Virginia Petroleum Underground Storage Tank Fund (“VPSTF”) for qualifying expense incurred during the course of investigation and/or containment, management, mitigation, remediation activities on underground storage tank sites. The Concessionaire shall be solely responsible for compliance with such Governmental Approvals and applicable Environmental Laws concerning or relating promptly pay over to Hazardous Substances. In carrying out Remedial Action compensable under this Agreement (including the Department all monies the Concessionaire receives from the Contingency Amount), VPSTF with respect to activities subject to reimbursement by the Department to the Concessionaire shall take such steps and actions as are required and/or which constitute due care pursuant to protect and preserve the Department’s potential Claims of contribution and indemnity, statutory or otherwise, against potentially responsible partiesSection 7.09(a). (e) The Concessionaire shall bear all costs and expenses for complying with the provisions of this Article 16, and otherwise complying with applicable Law, except as otherwise provided in this Agreement. (f) The Concessionaire shall carry out the responsibilities of generator of any Hazardous Substances. (g) Unless directed otherwise by the Department, the Concessionaire shall seek to recover costs from any available reimbursement program or from any third party responsible for generating or otherwise creating conditions that lead to the need for Remedial Action.