Common use of Remedial Action/ Site Completion Clause in Contracts

Remedial Action/ Site Completion. A. When Navy determines that remedial actions at all AOCs and SSAs have been completed, it shall document such event by preparing a final RACR, or amending as appropriate a prior RACR to become the final RACR, and submitting it to the Parties for review. The information provided therein shall document compliance with statutory requirements and provide a consolidated record of all remedial activities for all AOCs and SSAs implemented at the Site. In order for an RA to be eligible for completion, the following criteria must be met: 1. Performance standards specified in all RODs have been met, and all cleanup actions and other measures identified in the RODs have been successfully implemented. 2. Response actions performed at all AOCs and SSAs are protective of human health and the environment. 3. The only remaining activities, if any, at an RA are operation and maintenance activities (which may include long-term monitoring). B. Information provided shall summarize work at the entire Site (i.e., all AOCs and SSAs). As outlined in Subsection 9.9 of this Agreement, the RACR for each AOC and SSA, including the final RA, is required to document that the Work was performed according to design plans and specifications. Information included in the RACR for the purpose of demonstrating that the remedial action is complete shall include a discussion regarding any operation and maintenance requirements and/or land use restrictions regarding the RA. C. Information provided for remedial action completion shall be signed by Navy’s signatory authority or designee, certifying that remedial activities have been completed in full satisfaction of the requirements of this Agreement, and shall include a request for EPA certification of remedial action completion at the Site. Within 90 days of EPA's receipt of Navy’s request for certification of Site completion, EPA, in consultation with Interior and the Commonwealth, shall: 1. Certify that all response actions (other than operation and maintenance and long-term monitoring of selected remedies, as required) have been completed at the Site in accordance with CERCLA, the NCP, and this Agreement, based on conditions known at the time of certification; or 2. Deny Navy's request for certification of Site completion, stating the basis of its denial and detailing the additional Work needed for completion and certification. D. If EPA, in consultation with Interior and the Commonwealth, denies Navy's request for certification for Site completion in accordance with this Agreement, Navy may invoke dispute resolution in accordance with Section XX (Dispute Resolution) of this Agreement within 20 days of receipt of the written denial of certification or determination that additional Work is necessary. If the denial of certification is not disputed by Navy or is upheld through the dispute resolution process, Navy will perform the requested additional Work. E. If dispute resolution is not invoked, or if a denial of certification is upheld through dispute resolution, Navy shall, in the next draft Amended SMP submitted after receipt of the written denial of certification or dispute resolution finding, propose a Deadline for the submittal of a draft Supplemental Work Plan. The draft Supplemental Work Plan shall contain a Schedule for completion of the additional Work required. This Schedule, once approved, will be incorporated in the SMP. After performing the additional Work, Navy may resubmit a request for certification to EPA as outlined in this Subsection. EPA, in consultation with Interior and the Commonwealth, shall then grant or deny certification pursuant to the process set forth in this Subsection.

Remedial Action/ Site Completion. A. a. When Navy the Corps determines that remedial actions at all AOCs and SSAs OUs have been completed, it shall document such this event by preparing a final RACR, or amending as appropriate a prior RACR to become the final RACR, RACR and submitting it to EPA and the Parties State for review. The information provided therein shall document compliance with statutory requirements and provide a consolidated record of all remedial activities for all AOCs and SSAs implemented OUs at the Site. In order for an RA a Site to be eligible for completion, the following criteria must be met: 1. i. Performance standards specified in all RODs have been met, and all cleanup actions and other measures identified in the RODs have been successfully implemented. 2ii. Response actions performed at all AOCs The constructed remedies are operational and SSAs performing according to engineering specifications. iii. All sites are protective of human health and the environment. 3iv. The only remaining activities, if any, at an RA the site are operation and maintenance activities (which may include long-term monitoring). B. b. Information provided shall summarize work at the entire Site site (i.e., all AOCs and SSAsOUs). As outlined in Subsection 9.9 of this Agreement, the The RACR for each AOC and SSAOU, including the final RAOU, is required to document that the Work was performed according to design plans and specifications. Information included in amended to the final RACR for the purpose of demonstrating that the to indicate remedial action is complete completion shall include a discussion regarding any operation and maintenance requirements and/or land use restrictions regarding the RArestrictions. C. c. Information provided for remedial action completion shall be signed by Navy’s the Corps’ signatory authority or designee, certifying that remedial activities have been completed in full satisfaction of the requirements of this Agreement, and shall include a request for EPA certification of remedial action completion at the Site. Within 90 ninety (90) days of EPA's receipt of Navy’s the Corps's request for certification of Site completion, EPA, in consultation with Interior and the CommonwealthState, shall: 1. i. Certify that all response actions (other than operation and maintenance and long-term monitoring of selected remedies, as required) have been completed at the Site in accordance with CERCLA, the NCP, NCP and this Agreement, based on conditions known at the time of certification; or 2ii. Deny Navy's the Corps' request for certification of Site completion, stating the basis of its denial and detailing the additional Work needed for the completion and certification. D. d. If EPA, in consultation with Interior and the CommonwealthState, denies Navythe Corps's request for certification for Site completion in accordance with this Agreement, Navy the Corps may invoke dispute resolution in accordance with Section XX XII (Dispute ResolutionResolution of Disputes) of this Agreement within 20 twenty-eight (28) days of receipt of the written denial of certification or determination that additional Work is necessary. If the denial of certification is not disputed by Navy or is upheld through the dispute resolution process, Navy the Corps will perform the requested additional Work. If the denial is not upheld, then EPA shall issue the requested certification within twenty-eight (28) days of resolution of dispute. E. e. If dispute resolution is not invoked, or if a denial of certification is upheld through dispute resolution, Navy the Corps shall, in the next draft Amended SMP Site Management Plan submitted after receipt of the written denial of certification or dispute resolution finding, propose a Deadline for the submittal of a draft Supplemental Work Plan. The draft Supplemental Work Plan shall contain a Schedule for completion of the additional Work required. This Schedule, once approved, will be incorporated in the SMPSite Management Plan. After performing the additional Work, Navy the Corps may resubmit a request for certification to EPA as outlined in this SubsectionParagraph. EPA, in consultation with Interior and the CommonwealthState, shall then grant or deny certification pursuant to the process set forth in this SubsectionParagraph.

Remedial Action/ Site Completion. A. When the Navy determines that remedial actions at all AOCs and SSAs OUs have been completed, it shall document such this event by preparing a final RACR, or amending as appropriate a prior RACR to become the final RACR, primary document memorializing remedial action completion and submitting it to the Parties EPA and VDEQ for review. The information provided therein shall document compliance with statutory requirements and provide a consolidated record of all remedial activities for all AOCs and SSAs implemented OUs at the Site. In order for an RA a Site to be eligible for completion, the following criteria must be met: 1. Performance standards specified in all RODs have been met, and all cleanup actions and other measures identified in the RODs have been successfully implemented. 2. Response actions performed at all AOCs The constructed remedies are operational and SSAs performing according to engineering specifications. 3. All sites are protective of human health and the environment. 34. The only remaining activities, if any, at an RA the site are operation and maintenance activities (which may include long-term monitoring). B. Information provided shall summarize work at the entire Site site (i.e., all AOCs and SSAsOUs). As outlined in Subsection Section 9.9 of this Agreement, the RACR primary document memorializing remedial action completion for each AOC and SSAOU, including the final RAOU, is required to document that the Work was performed according to design plans and specifications. Information included in amended to the RACR for the purpose of demonstrating that the final primary document memorializing remedial action is complete completion to indicate remedial action completion shall include a discussion regarding any operation and maintenance requirements and/or land use restrictions regarding at the RASite. C. Information provided for remedial action completion shall be signed by the Navy’s 's signatory authority or designee, certifying that remedial activities have been completed in full satisfaction of the requirements of this Agreement, and shall include a request for EPA certification of remedial action completion at the Site. Within 90 ninety (90) days of EPA's receipt of the Navy’s 's request for certification of Site completion, EPA, in consultation with Interior and the CommonwealthVDEQ, shall: 1. Certify that all response actions (other than operation and maintenance and long-term monitoring of selected remedies, as required) have been completed at the Site in accordance with CERCLA, the NCP, NCP and this Agreement, based on conditions known at the time of certification; or 2. Deny the Navy's request for certification of Site completion, stating the basis of its denial and detailing the additional Work needed for completion and certification. D. If EPA, in consultation with Interior and the CommonwealthVDEQ, denies the Navy's request for certification for Site completion in accordance with this Agreement, the Navy may invoke dispute resolution in accordance with Section XX (Dispute Resolution) - DISPUTE RESOLUTION of this Agreement within 20 twenty (20) days of receipt of the written denial of certification or determination that additional Work is necessary. If the denial of certification is not disputed by Navy or is upheld through the dispute resolution process, the Navy will perform the requested additional Work. E. If dispute resolution is not invoked, or if a denial of certification is upheld through dispute resolution, the Navy shall, in the next draft Amended SMP Site Management Plan submitted after receipt of the written denial of certification or dispute resolution finding, propose a Deadline for the submittal of a draft Supplemental Work Plan. The draft Supplemental Work Plan shall contain a Schedule for completion of the additional Work required. This Schedule, once approved, will be incorporated in the SMPSite Management Plan. After performing the additional Work, the Navy may resubmit a request for certification to EPA as outlined in this Subsection. EPA, in consultation with Interior and the CommonwealthVDEQ, shall then grant or deny certification pursuant to the process set forth in this Subsection. X. CONSULTATION