Common use of PUBLIC COMMENT ON THIS AGREEMENT Clause in Contracts

PUBLIC COMMENT ON THIS AGREEMENT. 34.1 Within 15 days after the execution of this Agreement (the date by which all Parties have signed the Agreement) or as soon thereafter to conform with RCRA integration requirements, EPA shall announce the availability of this Agreement to the public for its review and comment, including publication in at least two major local newspapers of general circulation. Such public notices shall include information advising the public as to the availability and location of the Administrative Record file discussed in Subsection 34.7. EPA shall accept comments from the public for 45 days after such announcement. Within 21 days of completion of the public comment period, EPA shall transmit copies of all comments received during the comment period to the other Parties. Alternatively, if the comments are voluminous, the Parties may agree to other methods for EPA to make the comments available to the other Parties. Within 30 days after the public comments are shared with the other Parties, the Parties shall review the comments and shall decide that either: A. The Agreement shall be made effective without any modifications; or B. The Agreement shall be modified prior to being made effective. 34.2 If the Parties agree that the Agreement shall be made effective without any modifications, and if the Parties agree on the Responsiveness Summary, EPA shall transmit a copy of the signed Agreement to the other Parties and shall notify the other Parties in writing that the Agreement is effective. The Effective Date of the Agreement shall be the date of receipt by Navy of the signed Agreement from EPA. 34.3 If the Parties agree that modifications are needed and agree upon the modifications and amend the Agreement by mutual consent, EPA, in consultation with the other Parties, will determine whether the modified Agreement requires additional public notice and comment pursuant to any provision of CERCLA. If the Parties determine that no additional notice and comment are required, and the Parties agree on the Responsiveness Summary, EPA shall transmit a copy of the modified Agreement to Navy, Interior, and the Commonwealth, and EPA shall notify them in writing that the modified Agreement is effective as of the date of the notification. If the Parties amend the Agreement and determine that additional notice and comment are required, such additional notice and comment shall be provided consistent with the provisions stated in Subsection 34.1 above. If the Parties agree, after such additional notice and comment has been provided, that the modified Agreement does not require any further modification and if the Parties agree on the Responsiveness Summary, EPA shall send a copy of the mutually agreed upon, modified Agreement to Navy, Interior and the Commonwealth and shall notify them that the modified Agreement is effective. In either case, the Effective Date of the modified Agreement shall be receipt by Navy from EPA of notification that the modified Agreement is effective. 34.4 In the event that the Parties cannot agree on the need for modifications to this Agreement or the specific modifications to be made or the Responsiveness Summary within 30 days after EPA has shared the public comments with the other Parties, the Parties agree to negotiate in good faith for an additional 15 days before invoking dispute resolution. The Parties agree to have at least one meeting during that 15-day period to attempt to reach agreement. 34.5 If, after expiration of the times provided in Subsection 34.4, the Parties have not reached agreement on: A. Whether modifications to the Agreement are needed; or B. What modifications to the Agreement should be made; or C. Any language, any provisions, any Deadlines, any Work to be performed, any content of the Agreement or any Appendices to the Agreement; or D. Whether additional public notice and comments are required; or E. The contents of the responsiveness summary, the matters in dispute shall be resolved by the dispute resolution procedures of Section XX (Dispute Resolution) above. For the purposes of this Section, the Agreement shall not be effective while the dispute resolution proceedings are underway. After these proceedings are completed, the Final Written Decision shall be provided to the Parties indicating the results of the dispute resolution proceedings. Each Party reserves the right to withdraw from the Agreement prior to it becoming effective (but not thereafter) by providing written notice to the other Parties within 20 days after receiving from EPA the Final Written Decision of the resolution of the matters in dispute. If the Commonwealth withdraws, and the remaining Parties agree to proceed, the Agreement shall be effective as to those remaining parties. Failure by the Commonwealth to provide such a written notice of withdrawal to EPA within this 20-day period shall act as a waiver of the right of that Party to withdraw from the Agreement, and EPA shall thereafter send a copy of the final Agreement to each Party and shall notify each Party that the Agreement is effective. The Effective Date of the Agreement shall be the date of receipt of that notification letter from EPA to Navy. 34.6 At the start of the public comment period, Navy will transmit copies of this Agreement to the appropriate federal, Commonwealth, and local Natural Resource Trustees for review and comment within the time limits set forth in this Section. 34.7 Existing records maintained by Navy and/or Interior pertaining to the Site that will be included in the Administrative Record file such as reports, plans, and Schedules, shall be made available by Navy for public review during the public comment period.

PUBLIC COMMENT ON THIS AGREEMENT. 34.1 29.1 Within 15 days after the execution date the Regional Administrator of U.S. EPA Region III executes this Agreement (the date by which all Parties have signed the Agreement) or as soon thereafter to conform with RCRA integration requirements, EPA shall announce the availability of this Agreement to the public for its their review and comment, including publication in at least two major local newspapers of general circulation. Such public notices shall include information advising the public as to the availability and location of the Administrative Record file discussed in Subsection 34.7. EPA shall accept comments from the public for 45 days after such announcement. Within 21 days of completion of After the 45 day public comment period, EPA shall transmit copies of all comments received during the comment period to the other Parties. Alternatively, if the comments are voluminousexpires, the Parties may agree to other methods for EPA to make the comments available to the other Partiesshall review all such comments. Within 30 days after the expiration of the public comments are shared with the other Parties, comment period the Parties shall review the comments and shall decide that either: A. The (a) the Agreement shall be made effective without any modifications; or B. The (b) the Agreement shall be modified prior to being made effective. 34.2 29.2 If the Parties agree that the Agreement shall be made effective without any modifications, and if the Parties agree on the Responsiveness Summary, EPA shall transmit a copy of the signed Agreement to the other Parties Navy and shall notify the other Parties Navy in writing that the Agreement is effective. The Effective Date effective date of the Agreement shall be the date of receipt by Navy of that letter from EPA to the signed Agreement from EPANavy. 34.3 29.3 If the Parties parties agree that modifications are needed and agree upon the modifications and amend the Agreement by mutual consentconsent within 60 days after the expiration of the public comment period, EPA, in consultation with the other Parties, EPA will determine whether the modified Agreement requires additional public notice and comment pursuant to any provision provisions of CERCLA. If the Parties determine EPA determines that no additional notice and comment are required, and the Parties agree on the Responsiveness Summary, EPA shall transmit a copy of the modified Agreement to Navy, Interior, the Navy and the Commonwealth, and EPA shall notify them the navy in writing that the modified Agreement is effective as of the date of the notificationeffective. If the Parties amend the Agreement within the 60 day period and determine if EPA concludes that such modifications require that the public receive additional opportunity for notice and comment are requiredcomment, such additional notice and comment shall be provided consistent with the provisions stated in Subsection 34.1 Section 29.1 above. If the Parties agree, after such additional notice and comment has been provided, that the modified Agreement does not require any further modification and if the Parties agree on the Responsiveness Summarymodification, EPA shall send a copy of the mutually agreed upon, modified upon Agreement to Navy, Interior and the Commonwealth Navy and shall notify them the Navy that the modified Agreement is effective. In either case, the Effective Date The effective date of the modified Agreement shall be receipt by Navy the date of that letter from EPA of notification that to the modified Agreement is effectiveNavy. 34.4 In the event that the Parties cannot agree on the need for modifications to this Agreement or the specific modifications to be made or the Responsiveness Summary within 29.4 If, 30 days after EPA has shared the public comments with the other Parties, the Parties agree to negotiate in good faith for an additional 15 days before invoking dispute resolution. The Parties agree to have at least one meeting during that 15-day period to attempt to reach agreement. 34.5 If, after expiration of the times provided in Subsection 34.445 day comment period has expired, the Parties have not reached agreement onon either: A. Whether (a) whether modifications to the Agreement are needed; orOr B. What (b) what modifications to the Agreement should shou14 be made; or C. Any (c) any language, any provisions, any Deadlinesdeadlines, any Work work to be performed, performed or any content of the Agreement or any Appendices Attachments to the Agreement; or D. Whether additional public notice and comments are required; or E. The contents of the responsiveness summary, Agreement the matters which are in dispute shall be resolved by the dispute resolution procedures of Section XX (XIV, Dispute Resolution) , above. For the purposes of this Sectionsection, the Agreement shall not be effective while the dispute resolution proceedings are underway. After these proceedings are completed, the Final Written Decision shall be provided to the Parties indicating the results of the dispute resolution proceedings. Each Party reserves The Navy and EPA reserve the right to withdraw from the Agreement prior to it becoming effective (but not thereafter) Agreement, by providing written notice to the other Parties Party within 20 days after receiving from EPA the Final Written Decision of the resolution of the matters in dispute. If the Commonwealth withdraws, and the remaining Parties agree to proceed, the Agreement shall be effective as to those remaining parties. Failure by the Commonwealth a Party to provide such a written notice of withdrawal to EPA within this 20-20 day period shall act as a waiver of the right of that Party to withdraw from the Agreement. If none of the Parties withdraw from the Agreement within this 20 day period, and EPA shall thereafter send a copy of the final Agreement to each Party the Navy and shall notify each Party the Navy that the Agreement is effective. The Effective Date effective date of the Agreement shall be the date of receipt of that notification letter from EPA to the Navy. 34.6 At the start of the public comment period, Navy will transmit copies of this Agreement to the appropriate federal, Commonwealth, and local Natural Resource Trustees for review and comment within the time limits set forth in this Section. 34.7 Existing records maintained by Navy and/or Interior pertaining to the Site that will be included in the Administrative Record file such as reports, plans, and Schedules, shall be made available by Navy for public review during the public comment period.

PUBLIC COMMENT ON THIS AGREEMENT. 34.1 Within 15 35.1 Within15 days after the execution of this Agreement (the date by which all Parties have signed the Agreement) or as soon thereafter to conform with RCRA integration requirements, the EPA shall announce the availability of this Agreement to the public for its their review and comment, including publication in at least two major local newspapers of general circulation. Such public notices shall include information advising the public as to the availability and location of the Administrative Record file discussed in Subsection 34.735.7. The EPA shall accept comments from the public for 45 days after such announcement. Within 21 days of completion of the public comment period, the EPA shall transmit copies of all comments received during within the comment period to the other Parties. Alternatively, if the comments are voluminous, the Parties may agree to other methods for EPA to make the comments available to the other Parties. Within 30 days after the public comments are shared with the other Partiestransmittal, the Parties shall review the comments and shall decide that either: A. The Agreement shall be made effective without any modifications; or B. The Agreement shall be modified prior to being made effective. 34.2 35.2 If the Parties agree that the Agreement shall be made effective without any modifications, and if the Parties agree on the Responsiveness Summary, the EPA shall transmit a copy of the signed Agreement to the other Parties and shall notify the other Parties in writing that the Agreement is effective. The Effective Date of the Agreement shall be the date of receipt by the Navy of the signed Agreement from the EPA. 34.3 35.3 If the Parties agree that modifications are needed and agree upon the modifications and amend the Agreement by mutual consentconsent within 60 days after the expiration of the public comment period, EPAthe EPA and the VDEQ, in consultation with the other PartiesNavy, will determine whether the modified Agreement requires additional public notice and comment pursuant to any provision of CERCLA. If the Parties EPA and the VDEQ determine that no additional notice and comment are required, and the Parties agree on the Responsiveness Summary, the EPA shall transmit a copy of the modified Agreement to Navy, Interior, the Navy and the Commonwealth, VDEQ and EPA shall notify them in writing that the modified Agreement is effective as of the date of the notification. If the Parties amend the Agreement within the 60 days and the EPA and the VDEQ determine that additional notice and comment are required, such additional notice and comment shall be provided consistent with the provisions stated in Subsection 34.1 35.1 above. If the Parties agree, after such additional notice and comment has been provided, that the modified Agreement does not require any further modification and if the Parties agree on the Responsiveness Summary, the EPA shall send a copy of the mutually agreed upon, upon modified Agreement to Navy, Interior the Navy and the Commonwealth VDEQ and shall notify them that the modified Agreement is effective. In either case, the Effective Date of the modified Agreement shall be receipt by the Navy from the EPA of notification that the modified Agreement is effective. 34.4 35.4 In the event that the Parties cannot agree on the need for modifications to this Agreement or the specific modifications to be made or on the Responsiveness Summary within 30 days after EPA has shared the EPA’s transmittal of the public comments with the other Partiescomments, the Parties agree to negotiate in good faith for an additional 15 days before invoking dispute resolution. The Parties agree to have at least one meeting during that 15-day period to attempt to reach agreement. 34.5 35.5 If, after expiration of the times provided in Subsection 34.435.4, the Parties have not reached agreement on: A. Whether modifications to the Agreement are needed; or B. What modifications to the Agreement should be made; or C. Any language, any provisions, any Deadlines, any Work to be performed, any content of the Agreement or any Appendices Appendixes to the Agreement; or D. Whether additional public notice and comments are required; or E. The contents of the responsiveness summary, the matters in dispute shall be resolved by the dispute resolution procedures of Section XX (Dispute Resolution) above. For the purposes of this Section, the Agreement shall not be effective while the dispute resolution proceedings are underway. After these proceedings are completed, the Final Written Decision shall be provided to the Parties indicating the results of the dispute resolution proceedings. Each Party reserves the right to withdraw from the Agreement prior to it becoming effective (but not thereafter) by providing written notice to the other Parties within 20 days after receiving from EPA the Final Written Decision of the resolution of the matters in dispute. If the Commonwealth withdraws, and the remaining Parties agree to proceed, the Agreement shall be effective as to those remaining parties. Failure by the Commonwealth to provide such a written notice of withdrawal to EPA within this 20-day period shall act as a waiver of the right of that Party to withdraw from the Agreement, and EPA shall thereafter send a copy of the final Agreement to each Party and shall notify each Party that the Agreement is effective. The Effective Date of the Agreement shall be the date of receipt of that notification letter from EPA to Navy. 34.6 At the start of the public comment period, Navy will transmit copies of this Agreement to the appropriate federal, Commonwealth, and local Natural Resource Trustees for review and comment within the time limits set forth in this Section. 34.7 Existing records maintained by Navy and/or Interior pertaining to the Site that will be included in the Administrative Record file such as reports, plans, and Schedules, shall be made available by Navy for public review during the public comment period.,

PUBLIC COMMENT ON THIS AGREEMENT. 34.1 Within 15 days after the execution of this Agreement (the date by which all Parties have signed the Agreement) or as soon thereafter to conform with RCRA integration requirements, EPA shall announce the availability of this Agreement to the public for its review and comment, including publication in at least two major local newspapers of general circulation. Such public notices shall include information advising the public as to the availability and location of the Administrative Record file discussed in Subsection 34.7. EPA shall accept comments from the public for 45 days after such announcement. Within 21 days of completion of the public comment period, EPA shall transmit copies of all comments received during the comment period to the other Parties. Alternatively, if the comments are voluminous, the Parties may agree to other methods for EPA to make the comments available to the other Parties. Within 30 days after the public comments are shared with the other Parties, the Parties shall review the comments and shall decide that either: A. The Agreement shall be made effective without any modifications; or B. The Agreement shall be modified prior to being made effective. 34.2 If the Parties agree that the Agreement shall be made effective without any modifications, and if the Parties agree on the Responsiveness Summary, EPA shall transmit a copy of the signed Agreement to the other Parties and shall notify the other Parties in writing that the Agreement is effective. The Effective Date of the Agreement shall be the date of receipt by Navy of the signed Agreement from EPA. 34.3 If the Parties agree that modifications are needed and agree upon the modifications and amend the Agreement by mutual consent, EPA, in consultation with the other Parties, will determine whether the modified Agreement requires additional public notice and comment pursuant to any provision of CERCLA. If the Parties determine that no additional notice and comment are required, and the Parties agree on the Responsiveness Summary, EPA shall transmit a copy of the modified Agreement to Navy, Interior, and the Commonwealth, and EPA shall notify them in writing that the modified Agreement is effective as of the date of the notification. If the Parties amend the Agreement and determine that additional notice and comment are required, such additional notice and comment shall be provided consistent with the provisions stated in Subsection 34.1 above. If the Parties agree, after such additional notice and comment has been provided, that the modified Agreement does not require any further modification and if the Parties agree on the Responsiveness Summary, EPA shall send a copy of the mutually agreed upon, modified Agreement to Navy, Interior and the Commonwealth and shall notify them that the modified Agreement is effective. In either case, the Effective Date of the modified Agreement shall be receipt by Navy from EPA of notification that the modified Agreement is effective. 34.4 In the event that the Parties cannot agree on the need for modifications to this Agreement or the specific modifications to be made or the Responsiveness Summary within 30 days after EPA has shared the public comments with the other Parties, the Parties agree to negotiate in good faith for an additional 15 days before invoking dispute resolution. The Parties agree to have at least one meeting during that 15-day period to attempt to reach agreement. 34.5 If, after expiration of the times provided in Subsection 34.4, the Parties have not reached agreement on: A. Whether modifications to the Agreement are needed; or B. What modifications to the Agreement should be made; or C. Any language, any provisions, any Deadlines, any Work to be performed, any content of the Agreement or any Appendices to the Agreement; or D. Whether X. Xxxxxxx additional public notice and comments are required; or E. The contents of the responsiveness summary, the matters in dispute shall be resolved by the dispute resolution procedures of Section XX (Dispute Resolution) above. For the purposes of this Section, the Agreement shall not be effective while the dispute resolution proceedings are underway. After these proceedings are completed, the Final Written Decision shall be provided to the Parties indicating the results of the dispute resolution proceedings. Each Party reserves the right to withdraw from the Agreement prior to it becoming effective (but not thereafter) by providing written notice to the other Parties within 20 days after receiving from EPA the Final Written Decision of the resolution of the matters in dispute. If the Commonwealth withdraws, and the remaining Parties agree to proceed, the Agreement shall be effective as to those remaining parties. Failure by the Commonwealth to provide such a written notice of withdrawal to EPA within this 20-day period shall act as a waiver of the right of that Party to withdraw from the Agreement, and EPA shall thereafter send a copy of the final Agreement to each Party and shall notify each Party that the Agreement is effective. The Effective Date of the Agreement shall be the date of receipt of that notification letter from EPA to Navy. 34.6 At the start of the public comment period, Navy will transmit copies of this Agreement to the appropriate federal, Commonwealth, and local Natural Resource Trustees for review and comment within the time limits set forth in this Section. 34.7 Existing records maintained by Navy and/or Interior pertaining to the Site that will be included in the Administrative Record file such as reports, plans, and Schedules, shall be made available by Navy for public review during the public comment period.