Common use of PARTIES AND JURISDICTION Clause in Contracts

PARTIES AND JURISDICTION. 1. The Parties to this Agreement are the United States Environmental Protection Agency, Region 8 (EPA), the Colorado Department of Public Health and Environment (CDPHE or “State”), and the United States Department of Energy (DOE). 2. EPA enters this Agreement pursuant to sections 104 and 120(e) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 42 U.S.C. §§ 9604, and 9620(e), as amended by the Superfund Amendments and Reauthorization Act of 1986 (XXXX), Pub. L. 99-499 (hereinafter jointly referred to as CERCLA); sections 6001, 3008(h), and 3004(u) and (v) of the Resource Conservation and Recovery Act (RCRA), 42 U.S.C. §§ 6961, 6928(h), 6924(u) and (v), as amended by the Hazardous and Solid Waste Amendments of 1984 (HSWA), Pub. L. 98-616 and the Federal Facility Compliance Act of 1992, Pub. L. No. 102-386 (hereinafter jointly referred to as RCRA); and Executive Orders 12088 and 12580. 3. CDPHE enters into this Agreement pursuant to sections 104(d), 120(f), 121, and 310 of CERCLA, 42 U.S.C. § 9604(d), 9620, and 9810; section 3006 of RCRA, 42 U.S.C. § 6926; and the Colorado Hazardous Waste Act ("CHWA"), section 25-15-301et seq. C.R.S. Requirements of this Agreement that relate to RCRA and CHWA are a Compliance Order on Consent issued by CDPHE pursuant to section 25-15-308(2), C.R.S.‌ 4. DOE enters into this Agreement pursuant to section 120(e) of CERCLA, 42 U.S.C. § 9620 (e); §§ 6001, 3008(h), and 3004(u) and (v) of RCRA, 42 U.S.C. §§ 6961, 6921(h), 6928(u) and (v); Executive Orders 12088 and 12580; and the Atomic Energy Act of 1954, as amended (AEA), 42 U.S.C. § 2011 et seq. 5. The Parties agree that they are bound by this Agreement and that the requirements of this Agreement may be enforced against DOE pursuant to Part 8 of this Agreement or as otherwise provided by law. DOE consents to and will not contest EPA or State jurisdiction for the purposes of executing and enforcing this Agreement or its requirements. 6. The activities undertaken pursuant to this Agreement are regulated under CERCLA, RCRA and CHWA, and other applicable State environmental law, and shall be implemented in accordance with all applicable statutes, regulations, and Executive Orders. If any new or amended statute or regulation pertinent to this Agreement becomes effective subsequent to the date of execution of this Agreement, any modifications to this Agreement made necessary by such changes in the law shall be incorporated by modification into this Agreement, and other modifications related to such changes in the law shall be subject to further negotiations. The Parties shall conduct periodic review of all applicable new and revised statutes and regulations and written policy and guidance in connection with the periodic review provided for in Part 11. Any reference in this Agreement to a statute shall include that statute's implementing regulations.