NATURAL RESOURCE DAMAGES Sample Clauses

NATURAL RESOURCE DAMAGES. ‌ The DOE and other State and Federal trustees shall act on behalf of the public as the trustees for the natural resources present on SRS. In this capacity, the DOE shall be responsible for notifying other State and Federal trustees and for assessing damages (injury, destruction or loss of natural resources) resulting from releases of hazardous substances on SRS, and for implementation of measures designed to mitigate such damages. These authorities are vested in the DOE (as specified in Executive Order 12580) pursuant to Section 107(f) of CERCLA and Section 311(f) of the Federal Water Pollution Control Act. As one of the trustees for natural resources on SRS, DOE shall: 1. Assess damages to public natural resources following the procedures provided by 43 CFR Part 11 and subsequent rulemaking; and 2. Devise and implement a plan to restore, replace or acquire the equivalent of such resource pursuant to CERCLA. Such a plan shall be consistent, to the degree possible, with applicable Record(s) of Decision under this Agreement. The DOE shall notify the appropriate Federal and State natural resource trustees as required by Section 104(b)(2) of CERCLA, 42 U. S. C. § 9604(b)(2), and Section 2(e)(2) of Executive Order 12580. Except as provided herein, DOE is not released from any liability which it may have pursuant to any provisions of State and Federal law, including any claim for damages for liability to the destruction of, or loss of natural resources.
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NATURAL RESOURCE DAMAGES. 138. For purposes of Section 113(g)(1) of CERCLA, 42 U.S.C. § 9613(g)(1), the Parties agree that, upon the effective date of this Consent Order, remedial action under CERCLA shall be deemed to be scheduled and an action for damages (as defined in Section 101(6) of CERCLA, 42 U.S.C. § 9601(6)) must be commenced within three (3) years after the completion of the remedial action for the last operable unit at the site.
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NATURAL RESOURCE DAMAGES. The Applicant may devise and carry out a plan for restoration, rehabilitation, replacement, or acquisition of equivalent natural resources or pay to the State the value of the natural resources, as determined by the Natural Resource Trustees. The plan may be developed and implemented as part of the RWP. If the Applicant wishes to address natural resource damages in the RWP, the Applicant shall so indicate in the notice to State and Federal Natural Resources Trustees, as specified in Exhibit C, Special Conditions, Part III,
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NATURAL RESOURCE DAMAGES. The Secretary alleges that the release of 10,000 gallons of #2 heating fuel oil from an overturned tanker truck at the Brown Circle Rotary in Revere, which fuel entered a rotary storm drain and discharged to the nearby Rumney Xxxxx, ultimately impacting the Diamond Creek and the Pine River, has injured natural resources of the Rumney Xxxxx, the Diamond Creek, and the Pine River. The injured natural resources of the Rumney Xxxxx, the Diamond Creek, and the Pine River and the services they each provide to the aquatic ecosystem include, but are not limited to, surface water, shoreline, and biota and are the subject of this Settlement Agreement.
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NATURAL RESOURCE DAMAGES. In recognition of the Congressional intent under OPA and CERCLA to restore natural resources and associated services injured as a result of discharges of oil or releases of hazardous substances, respectively, the measure of recoverable natural resource damages contemplated under this MOU may include: • reasonable costs of assessing natural resource injury, including direct and indirect costs; • the costs of restoration, rehabilitation, or replacement of injured or lost natural resources or of acquisition of equivalent natural resources; • the costs of planning, administering, overseeing, and monitoring such restoration activities; and • compensation for loss of use, other lost or reduced natural resource services, or diminution in value of natural resources from the onset of injury until the completion of restoration or recovery. Documented Trustee costs for either the assessment or restoration may include coordination with removal, remedial, corrective, or other response actions carried out by other federal and state agencies in an effort to xxxxx and/or minimize continuing and residual injury, and to achieve or enhance restoration of injured natural resources.
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NATURAL RESOURCE DAMAGES. In recognition of the Congressional intent under CERCLA to restore natural resources and their services injured, destroyed , or lost as a result of a release of hazardous substances, the measure of recoverable damages for NRDAR contemplated under this Agreement may include: A. The costs of restoring injured natural resources and their services; B. Interim lost use or diminution of value of the injured natural resources pending natural recovery or restoration of the injured natural resources; C. Reasonable assessment costs of the NRDAR; D. Trustee oversight costs associated with administering or implementing restoration projects for injured natural resources.
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NATURAL RESOURCE DAMAGES. As the Commonwealth Natural Resource Trustee, the Secretary alleges that the release of 10,000 gallons of gasoline and 1,000 gallons of diesel fuel from an overturned tanker truck at the Brown Circle Rotary in Revere, which fuel entered a storm drain and discharged to the nearby Rumney Xxxxx and associated surface waters via the Xxxx Street outfall and which then was able to migrate downstream to Diamond Creek, the Pine River, and the Atlantic Ocean, has injured natural resources of the Rumney Xxxxx, the Diamond Creek, the Pine River, and the Atlantic Ocean. The injured natural resources of the Rumney Xxxxx, the Diamond Creek, the Pine River, the Atlantic Ocean and the services they each provide to the aquatic ecosystem include, but are not limited to, surface water, shoreline, and biota and are the subject of this Settlement Agreement.
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Related to NATURAL RESOURCE DAMAGES

  • Additional Resources The WLSC may establish workgroups that include other department representatives and/or subject matter experts. These subcommittees shall conform with rules established by the WLSC.

  • Pollution Liability Contractors shall provide proof of pollution liability insurance arising out of all operations of the Contractors and subcontractors, due to discharge, dispersal, release, or escape of contaminants or pollutants into or upon land, the atmosphere or any watercourse or body of water with bodily injury and property damage limits of not less than $1,000,000 per occurrence and $2,000,000 annual aggregate for: 1) Bodily injury, sickness, disease, mental anguish or shock sustained by any person, including death; 2) Property damage including physical injury to or destruction of tangible property including the resulting loss of use thereof, clean-up costs, and the loss of use of tangible property that has not been physically injured or destroyed; 3) Defense including loss adjustment costs, charges and expenses incurred in the investigation, adjustment or defense of claims for such compensatory damages; 4) Definition of pollution conditions shall include asbestos, lead, and mold so that these risks are covered if caused by Contractor/successful candidate’s work or operations. 5) Coverage is required on an occurrence form.

  • Cultural Resources If a cultural resource is discovered, the Purchaser shall immediately suspend all operations in the vicinity of the cultural resource and notify the Forest Officer. Operations may only resume if authorized by the Forest Officer. Cultural resources identified and protected elsewhere in this contract are exempted from this clause. Cultural resources, once discovered or identified, are not to be disturbed by the Purchaser, or his, her or its employees and/or sub- contractors.

  • Contractor’s Pollution Liability insurance covering losses caused by pollution conditions that arise from the operations of the Contractor. Contractors Pollution Liability insurance shall be written in an amount of at least $1,000,000 per loss, with an annual aggregate of at least $1,000,000. Contractors Pollution Liability shall cover bodily injury, property damage, cleanup costs and defense including costs and expenses incurred in the investigation, defense, or settlement of claims. If the Contractors Pollution Liability insurance is written on a claims-made basis, the Contractor warrants that any retroactive date applicable to coverage under the policy precedes the effective date of this contract; and that continuous coverage will be maintained or an extended discovery period will be exercised for a period of three (3) years beginning from the time that work under the contract is completed. The City shall be named by endorsement as an additional insured on the Contractors Pollution Liability insurance policy. If the scope of services as defined in this contract includes the disposal of any hazardous materials from the job site, the Contractor must furnish to the City evidence of Pollution Liability insurance maintained by the disposal site operator for losses arising from the insured facility accepting waste under this contract. Coverage certified to the Public Entity under this paragraph must be maintained in minimum amounts of $1,000,000 per loss, with an annual aggregate of at least $1,000,000. Pollution Liability coverage at least as broad as that provided under ISO Pollution Liability- Broadened Coverage for Covered Autos Endorsement CA 99 48 shall be provided, and the Motor Carrier Act Endorsement (MCS 90) shall be attached.

  • Environmental Health and Safety i. Environment, Health and Safety Performance. Seller acknowledges and accepts full and sole responsibility to maintain an environment, health and safety management system ("EMS") appropriate for its business throughout the performance of this Contract. Buyer expects that Seller’s EMS shall promote health and safety, environmental stewardship, and pollution prevention by appropriate source reduction strategies. Seller shall convey the requirement of this clause to its suppliers. Seller shall not deliver goods that contain asbestos mineral fibers.

  • Electric Storage Resources Developer interconnecting an electric storage resource shall establish an operating range in Appendix C of its LGIA that specifies a minimum state of charge and a maximum state of charge between which the electric storage resource will be required to provide primary frequency response consistent with the conditions set forth in Articles 9.5.5, 9.5.5.1, 9.5.5.2, and 9.5.5.3 of this Agreement. Appendix C shall specify whether the operating range is static or dynamic, and shall consider (1) the expected magnitude of frequency deviations in the interconnection; (2) the expected duration that system frequency will remain outside of the deadband parameter in the interconnection; (3) the expected incidence of frequency deviations outside of the deadband parameter in the interconnection; (4) the physical capabilities of the electric storage resource; (5) operational limitations of the electric storage resources due to manufacturer specification; and (6) any other relevant factors agreed to by the NYISO, Connecting Transmission Owner, and Developer. If the operating range is dynamic, then Appendix C must establish how frequently the operating range will be reevaluated and the factors that may be considered during its reevaluation. Developer’s electric storage resource is required to provide timely and sustained primary frequency response consistent with Article 9.5.5.2 of this Agreement when it is online and dispatched to inject electricity to the New York State Transmission System and/or receive electricity from the New York State Transmission System. This excludes circumstances when the electric storage resource is not dispatched to inject electricity to the New York State Transmission System and/or dispatched to receive electricity from the New York State Transmission System. If Developer’s electric storage resource is charging at the time of a frequency deviation outside of its deadband parameter, it is to increase (for over-frequency deviations) or decrease (for under-frequency deviations) the rate at which it is charging in accordance with its droop parameter. Developer’s electric storage resource is not required to change from charging to discharging, or vice versa, unless the response necessitated by the droop and deadband settings requires it to do so and it is technically capable of making such a transition.

  • Health and Safety Plan Consultant shall prepare and submit a Health and Safety Plan (“HASP”) for the portion of Consultant’s work that will involve field work, assessments, or investigations of certain Project elements. The HASP shall describe how Consultant plans to complete field work, assessments, and/or investigations at the RWF. Consultant’s HASP must comply with the CIP HASP and shall be updated as new conditions are encountered.

  • Environmental, Health and Safety Laws To the best of the Borrower’s knowledge, there does not exist any violation by the Borrower or any Domestic Subsidiary of any applicable federal, state or local law, rule or regulation or order of any government, governmental department, board, agency or other instrumentality relating to environmental, pollution, health or safety matters that has, will or threatens to impose any liability on the Borrower or any Domestic Subsidiary or that has required or would require any expenditure by the Borrower or any Domestic Subsidiary to cure. Neither the Borrower nor any Domestic Subsidiary has received any notice to the effect that any part of its operations or properties is not in material compliance with any such law, rule, regulation or order or notice that it or its property is the subject of any governmental investigation evaluating whether any remedial action is needed to respond to any release of any toxic or hazardous waste or substance into the environment, which non-compliance or remedial action could reasonably be expected to result in a Material Adverse Occurrence. Except as set out on Schedule 4.7, neither the Borrower nor any Domestic Subsidiary has knowledge that the Borrower or any Domestic Subsidiary or the property of the Borrower or any Domestic Subsidiary will become subject to environmental laws or regulations during the term of this Agreement, compliance with which could reasonably be expected to require Capital Expenditures that could constitute a Material Adverse Occurrence.

  • Environmental Services 1. Preparation of Environmental Documentation (CEQA/NEPA) including but not limited to the following: a. Initial Study b. Categorical Exemption (CE) c. Notice of Exemption (XXX) d. Negative Declaration (ND) e. Mitigated Negative Declaration (MND) f. Notice of Preparation (NOP) g. Environmental Impact Report (EIR) i. Initial Document (Screen Check/Administrative Draft) ii. Addendum iii. Supplemental

  • CLOSURE TO PREVENT DAMAGE In accordance with Contract Clause G-220 STATE SUSPENDS OPERATION, the Contract Administrator will suspend road work or hauling right-of-way timber, forest products, or rock under the following conditions:  Wheel track rutting exceeds 6 inches on roads.  Surface or base stability problems persist.  Weather is such that satisfactory results cannot be obtained in an area of operations.  When, in the opinion of the Contract Administrator excessive road damage or rutting may occur. Operations must stop unless authority to continue working or hauling is granted in writing by the Contract Administrator. In the event that surface or base stability problems persist, Purchaser shall cease operations, or perform corrective maintenance or repairs, subject to specifications within this road plan. Before and during any suspension, Purchaser shall protect the work from damage or deterioration.