Common use of PRFBSR’S DUTIES Clause in Contracts

PRFBSR’S DUTIES. The PRFBSR agrees: to conduct “site rehabilitation” of any “contaminated site(s)” as defined in §376.79, F.S., whose source originates on the real property described in Attachment A as the Xxxxxxxxxx site. If such contaminated site(s) extend(s) beyond the boundary of the Xxxxxxxxxx site, then PRFBSR agrees to conduct site rehabilitation to address the entire contaminated site.; to conduct site rehabilitation and submit technical reports and rehabilitation plans in a timely manner according to the attached xxxxxxxxxx site rehabilitation schedule agreed upon by the parties (see Attachment B), and incorporated herein; to conduct site rehabilitation activities under the observation of professional engineers or professional geologists, as applicable, who are registered in accordance with the requirements of Chapters 471 or 492, F.S., respectively. Submittals provided by the PRFBSR must be signed and sealed by a professional engineer registered under Chapter 471, F.S., or by a professional geologist registered under Chapter 492, F.S., as applicable, certifying that the submittal and associated work comply with the laws and rules of the Department and those governing the profession. Upon completion of the approved remedial action, a professional engineer registered under Chapter 471, F.S., or a professional geologist registered under Chapter 492, F.S., as applicable, must certify that the corrective action was, to the best of his or her knowledge, completed in substantial conformance with the plans and specifications approved by the Department; to conduct site rehabilitation in accordance with Chapter 62-160, F.A.C., as the same may be amended from time to time; to obtain any local, state or federal approvals or permits required for the site rehabilitation work and to conduct the necessary site rehabilitation consistent with local, state, and federal laws, rules and ordinances. All site rehabilitation shall be consistent with the cleanup criteria in §376.81, F.S., the requirements of Chapters 62‑780, F.A.C., Contaminated Site Cleanup Criteria, and 62-777, F.A.C., Contaminant Cleanup Target Levels; to allow access by the Department during the entire site rehabilitation process, as evidenced by the attached documentation (see Attachment C) incorporated herein, establishing that such site access has been secured by agreement with the real property owner. Upon the transfer of any real property interest in any portion of the Xxxxxxxxxx Site before site rehabilitation is complete, the PRFBSR shall notify the Department within 15 days from the date that such an interest is effective. With notice the PRFBSR shall provide a copy of an access agreement in substantially the same form as that in Attachment C with any successor in interest to the real property owner of the Xxxxxxxxxx Site or with any party with a real property interest in the Xxxxxxxxxx Site after the effective date of this agreement, granting such access to the Department; and to consider appropriate pollution prevention measures and to implement those that the PRFBSR determines are reasonable and cost-effective, taking into account the ultimate use or uses of the real property described in Attachment A. Local pollution prevention programs as well as state pollution prevention programs are available to assist in determining pollution reduction measures. The Department recommends that the PRFBSR contact the Department’s Pollution Prevention (P2)/Waste Reduction Program at (000) 000-0000 or visit the P2 web site at xxxx://xxx.xxx.xxxxx.xx.xx/pollutionprevention/aboutus.htm for recommendations on waste minimization and waste management and for assistance with pollution prevention measures. Such measures may include improved inventory or production controls and procedures for preventing loss, spills, and leaks of hazardous waste and materials, and include the goals for the reduction of releases of toxic materials. {Insert the following paragraph for sites that are subject to an existing Consent Order:} that upon the execution of this BSRA the terms and conditions of Consent Order {insert Consent Order Number and execution date}, only as it pertains to corrective actions on the contaminated site(s) originating on the real property as described in Attachment A, will be held in abeyance and shall remain in abeyance, provided the PRFBSR is in compliance with the terms of this BSRA. In the event the Department determines that PRFBSR is not in compliance with the terms and conditions of this BSRA, subject to the provisions of Paragraphs 11 and 19 hereof, the PRFBSR agrees that the terms and conditions of the Consent Order shall return in full force and effect. {If the Xxxxxxxxxx Site at issue is not subject to an existing Consent Order, then delete this paragraph.} CERTIFICATION [Please use one of following paragraphs, as appropriate:] The PRFBSR certifies that he/she has consulted with the local government with jurisdiction over the xxxxxxxxxx area about the proposed redevelopment of the xxxxxxxxxx site, that the local government is in agreement with or approves the proposed redevelopment, and that the proposed redevelopment complies with applicable laws and requirements for such redevelopment. Documentation that supports this certification is provided as Attachment D. [Or, use the following paragraph if the PRFBSR is a local government that has jurisdiction over the property] The PRFBSR is the local government with jurisdiction over the real property described in Attachment A. Therefore, the PRFBSR certifies that the proposed redevelopment complies with applicable laws and requirements for such redevelopment. Documentation provided that describes the proposed redevelopment is provided as Attachment D.

PRFBSR’S DUTIES. The PRFBSR agrees: to conduct “site rehabilitation” of any “contaminated site(s)” as defined in §376.79, F.S., whose source originates on the real property described in Attachment A as the Xxxxxxxxxx site. If such contaminated site(s) extend(s) beyond the boundary of the Xxxxxxxxxx site, then PRFBSR agrees to conduct site rehabilitation to address the entire contaminated site.; to conduct site rehabilitation and submit technical reports and rehabilitation plans in a timely manner according to the attached xxxxxxxxxx site rehabilitation schedule agreed upon by the parties (see parties, Attachment B), and B incorporated herein; to conduct site rehabilitation activities under the observation of professional engineers or professional geologists, as applicable, who are registered in accordance with the requirements of Chapters 471 or 492, F.S., respectively. Submittals provided by the PRFBSR must be signed and sealed by a professional engineer registered under Chapter 471, F.S., or by a professional geologist registered under Chapter 492, F.S., as applicable, certifying that the submittal and associated work comply with the laws and rules of the Department and those governing the profession. Upon completion of the approved remedial action, a professional engineer registered under Chapter 471, F.S., or a professional geologist registered under Chapter 492, F.S., as applicable, must certify that the corrective action was, to the best of his or her knowledge, completed in substantial conformance with the plans and specifications approved by the Department; to conduct site rehabilitation in accordance with Chapter 62-160, F.A.C., as the same may be amended from time to time; to obtain any local, state or federal approvals or permits required for the site rehabilitation work and to conduct the necessary site rehabilitation consistent with local, state, and federal laws, rules and ordinances. All site rehabilitation shall be consistent with the cleanup criteria in §376.81, F.S., the requirements of Chapters 62‑780, F.A.C., Contaminated Site Cleanup Criteria, and 62-777, F.A.C., Contaminant Cleanup Target Levels; to allow access by the Department during the entire site rehabilitation process, as evidenced by the attached documentation (see documentation, Attachment C) , incorporated herein, establishing that such site access has been secured by agreement with the real property owner. Upon the transfer of any real property interest in any portion of the Xxxxxxxxxx Site before site rehabilitation is complete, the PRFBSR shall notify the Department within 15 days from the date that such an interest is effective. With notice the PRFBSR shall provide a copy of an access agreement in substantially the same form as that in Attachment C with any successor in interest to the real property owner of the Xxxxxxxxxx Site or with any party with a real property interest in the Xxxxxxxxxx Site after the effective date of this agreement, granting such access to the Department; and to consider appropriate pollution prevention measures and to implement those that the PRFBSR determines are reasonable and cost-effective, taking into account the ultimate use or uses of the real property described in Attachment A. Local pollution prevention programs as well as state pollution prevention programs are available to assist in determining pollution reduction measures. The Department recommends that the PRFBSR contact the Department’s Pollution Prevention (P2)/Waste Waste Reduction and Registration Program or Hazardous Waste Program and Permitting at (000) 000-0000 or visit the P2 web site at xxxx://xxx.xxx.xxxxx.xx.xx/pollutionprevention/aboutus.htm following websites: xxxxx://xxxxxxxxxx.xxx/waste/waste-reduction and xxxxx://xxxxxxxxxx.xxx/waste/permitting-compliance-assistance/content/hazardous-waste-management-main-page for recommendations on waste minimization and waste management and for assistance with pollution prevention measures. Such measures may include improved inventory or production controls and procedures for preventing loss, spills, and leaks of hazardous waste and materials, and include the goals for the reduction of releases of toxic materials. {Insert the following paragraph for sites that are subject to an existing Consent Order:} that upon the execution of this BSRA the terms and conditions of Consent Order {insert Consent Order Number and execution date}, only as it pertains to corrective actions on the contaminated site(s) originating on the real property as described in Attachment A, will be held in abeyance and shall remain in abeyance, provided the PRFBSR is in compliance with the terms of this BSRA. In the event the Department determines that PRFBSR is not in compliance with the terms and conditions of this BSRA, subject to the provisions of Paragraphs 11 and 19 hereof, the PRFBSR agrees that the terms and conditions of the Consent Order shall return in full force and effect. {If the Xxxxxxxxxx Site at issue is not subject to an existing Consent Order, then delete this paragraph.} CERTIFICATION [Please use one of following paragraphs, as appropriate:] The PRFBSR PRFBSR, in accordance with the provisions of § 376.80(5), F.S., certifies that he/she it has consulted with the local government with jurisdiction over the xxxxxxxxxx area about the proposed redevelopment of the xxxxxxxxxx site, that the local government is in agreement with or approves the proposed redevelopment, and that the proposed redevelopment complies with applicable laws and requirements for such redevelopment. Documentation that supports this certification is provided as Attachment D. D, incorporated herein. [Or, use the following paragraph if the PRFBSR is a local government that has jurisdiction over the property] The PRFBSR is the local government with jurisdiction over the real property described in Attachment A. Therefore, the PRFBSR certifies that the proposed redevelopment complies with applicable laws and requirements for such redevelopment. Documentation provided that describes the proposed redevelopment is provided as Attachment D.D, incorporated herein.