Common use of REMOVAL AND EMERGENCY ACTIONS Clause in Contracts

REMOVAL AND EMERGENCY ACTIONS. 17.1 VA shall provide EPA and the UDEQ with timely notice of any proposed removal action. 17.2 Nothing in this Agreement shall alter VA’s, the UDEQ’s or EPA’s authority with respect to removal actions conducted pursuant to Section 104 of CERCLA, 42 U.S.C. Section 9604. 17.3 If during the course of performing the activities required under this Agreement, any Party identifies an actual or a substantial threat of a release of any hazardous substance, pollutant, or contaminant at or from the Site, that Party may propose that VA undertake removal actions to xxxxx the danger and threat that may be posed by such actual or threatened release. All removal actions conducted at the Site shall be conducted in a manner consistent with this Agreement, CERCLA, Executive Order 12580, and the NCP and shall, to the extent practicable, contribute to the efficient performance of any long-term remedial action with respect to the release(s) or threatened release(s) concerned. Prior to determining to undertake such actions, VA shall submit to EPA and the UDEQ: 17.3.1 Documentation of the actual or threatened release at or from the Site; 17.3.2 Documentation that the actions proposed will xxxxx the danger and threat that may be posed by release of hazardous substances, pollutants, or contaminants at or from the Site; 17.3.3 Documentation that the action is consistent with the NCP, applicable State regulations, and, to the extent practicable, contributes to the efficient performance of any long-term remedial action with respect to the release or threatened release concerned; 17.3.4 Prepare an Engineering Evaluation/Cost Analysis (EE/CA), or its equivalent for a removal action whenever a planning period of at least six months exists before on-site activities must be initiated (Non-Time Critical Removal Action). The EE/CA shall contain an analysis of removal alternatives for a site. The screening of alternatives shall be based on criteria as provided in CERCLA and the NCP, such as cost, feasibility, and effectiveness. 17.3.5 A Non-Time-Critical Removal Action Plan and Target Date for the proposed action; and 17.3.6 EPA and the UDEQ shall expedite all reviews of these proposals to the maximum extent practicable.

REMOVAL AND EMERGENCY ACTIONS. 17.1 VA ‌ 18.1 USACE shall provide EPA EPA, ODEQ, and the UDEQ WDOE with timely notice of any proposed removal action. 17.2 18.2 Nothing in this Agreement shall alter VAUSACE’s, the UDEQ’s ODEQ’s, WDOE’s, or EPA’s authority with respect to removal actions conducted pursuant to Section 104 of CERCLA, 42 U.S.C. Section 9604. 17.3 18.3 If during the course of performing the activities required under this Agreement, any Party identifies an actual or a substantial threat of a release of any hazardous substance, pollutant, or contaminant at or from the Site, that Party may propose that VA USACE undertake removal actions to xxxxx the danger and threat that may be posed by such actual or threatened release. All removal actions conducted at the Site Bradford Island shall be conducted in a manner consistent with this Agreement, CERCLA, Executive Order 12580, DERP, including provisions for timely notification and consultation with EPA and the appropriate ODEQ, WDOE and local officials, and the NCP and shall, to the extent practicable, contribute to the efficient performance of any long-term remedial action with respect to the release(s) or threatened release(s) concerned. Prior to determining to undertake such actions, VA USACE shall submit to EPA EPA, ODEQ and the UDEQWDOE: 17.3.1 18.3.1 Documentation of the actual or threatened release at or from the Site; 17.3.2 18.3.2 Documentation that the actions proposed will xxxxx the danger and threat that may be posed by release of hazardous substances, pollutants, or contaminants at or from the Site; 17.3.3 18.3.3 Documentation that the action is consistent with the NCP, applicable State States regulations, and, to the extent practicable, contributes to the efficient performance of any long-term remedial action with respect to the release or threatened release concerned; 17.3.4 18.3.4 Prepare an Engineering Evaluation/Cost Analysis (EE/CA), or its equivalent for a removal action whenever a planning period of at least six months exists before on-site activities must be initiated (Non-Time Critical Removal Action). The EE/CA shall contain an analysis of removal alternatives for a site. The screening of alternatives shall be based on criteria as provided in CERCLA and the NCP, such as cost, feasibility, and effectiveness. 17.3.5 18.3.5 A Non-Time-Critical Removal Action Plan and Target Date for the proposed action; and 17.3.6 EPA 18.3.6 EPA, ODEQ, and the UDEQ WDOE shall expedite all reviews of these proposals to the maximum extent practicable. 18.4 The opportunity for review and comment for proposed removal actions, as stated in Subsection 18.3 above, may not apply if the action is in the nature of an emergency removal taken because a release or threatened release may present an imminent and substantial endangerment to human health or the environment. USACE may determine that review and comment, as stated in Subsection 18.3 above, is impractical. However, in the case of an emergency removal action, USACE shall provide EPA, ODEQ, and WDOE with oral notice as soon as possible. A written notice shall be transmitted to all the Parties within forty-eight (48) hours after USACE determines that an emergency removal is necessary, which will include any deviations from the oral notice. Within seven (7) days after initiating an emergency removal action, USACE shall provide EPA, ODEQ, and WDOE with the written basis (factual, technical and scientific) for such action and any available documents supporting such action. Upon completion of an emergency removal action, USACE shall state whether, and to what extent, the emergency removal action varied from the description of the action in the written notice provided pursuant to this Section. Within sixty (60) days of completion of an emergency response action, USACE will furnish EPA, ODEQ, and WDOE with a Removal Action Memorandum addressing the information provided in the written notification, whether and to what extent the action varied from the description previously provided, and any other information required by CERCLA or the NCP, and in accordance with EPA Guidance for such actions. Such actions may be conducted at any time, either before or after the issuance of a ROD. 18.5 If an imminent health hazard or an activity conducted pursuant to this Agreement that is creating a danger to the public health or welfare or the environment is discovered by any Party, the discovering Party will notify the other Parties and USACE will take immediate action to promptly notify all appropriate State and local agencies, potentially affected persons, and officials in accordance with 10 U.S.C. Section 2705(a). USACE will expeditiously take appropriate measures to protect all persons affected. 18.6 All activities pursuant to this Agreement will be performed in accordance with the Health and Safety Plan and will be conducted so as to minimize the threat to the surrounding public.‌

REMOVAL AND EMERGENCY ACTIONS. 17.1 VA 18.1 The Navy shall provide the EPA and the UDEQ VDEQ with timely notice of any proposed removal action. 17.2 18.2 Nothing in this Agreement shall alter VAthe Navy’s, the UDEQ’s VDEQ’s, or the EPA’s authority with respect to removal actions conducted pursuant to Section 104 of CERCLA, 42 U.S.C. Section 9604. 17.3 18.3 If during the course of performing the activities required under this Agreement, any Party identifies an actual or a substantial threat of a release of any hazardous substance, pollutant, or contaminant at or from the Site, that Party may propose that VA the Navy undertake removal actions to xxxxx the danger and threat that may be posed by such actual or threatened release. All removal actions conducted at the Site on SJCA shall be conducted in a manner consistent with this Agreement, CERCLA, Executive Order 12580, DERP, including provisions for timely notification and consultation with the EPA and appropriate VDEQ and local officials, and the NCP and shall, to the extent practicable, contribute to the efficient performance of any long-term remedial action LTRA with respect to the release(s) or threatened release(s) concerned. Prior to determining Such a proposal to undertake such actions, VA actions by the Navy shall submit be submitted to the EPA and the UDEQVDEQ and shall include: 17.3.1 A. Documentation of the actual or threatened release at or from the Site; 17.3.2 B. Documentation that the actions proposed posed will xxxxx the danger and threat that may be posed by release of hazardous substances, pollutants, or contaminants at or from the Site; 17.3.3 C. Documentation that the action is consistent with the NCP, applicable State Commonwealth regulations, and, to the extent practicable, contributes to the efficient performance of any long-term remedial action LTRA with respect to the release or threatened release concerned; 17.3.4 D. Prepare an Engineering Evaluation/Cost Analysis (EE/CA), or its equivalent for a removal action whenever a planning period of at least six months exists before on-site activities must be initiated (Non-Time Critical Removal Action)equivalent. The EE/CA shall contain an analysis of removal alternatives for a site. The screening of alternatives shall be based on criteria as provided in CERCLA and the NCP, such as cost, feasibility, and effectiveness.; and 17.3.5 E. A Non-Time-Time Critical Removal Action Plan and Target Date for the proposed action; and 17.3.6 . The EPA and the UDEQ VDEQ shall expedite all reviews of these proposals to the maximum extent practicable. 18.4 The opportunity for review and comment for proposed removal actions, as stated in Subsection 18.3 above, may not apply if the action is in the nature of an emergency removal taken because a release or threatened release may present an imminent and substantial endangerment to human health or the environment. The Navy may determine that review and comment, as stated in Subsection 18.3 above, is impractical. However, in the case of an emergency removal action, the Navy shall provide the EPA and the VDEQ with oral notice as soon as possible and written notice within 48 hours after the Navy determines that an emergency removal is necessary. Within 7 days after initiating an emergency removal action, the Navy shall provide the EPA and the VDEQ with the written basis (factual, technical, and scientific) for such action and any available documents supporting such action. Upon completion of an emergency removal action, the Navy shall state whether, and to what extent, the emergency removal action varied from the description of the action in the written notice provided pursuant to this Section. Within 30 days of completion of an emergency response action, the Navy will furnish the EPA and the VDEQ with an Action Memorandum addressing the information provided in the oral notification, whether and to what extent the action varied from the description previously provided, and any other information required by CERCLA or the NCP, and in accordance with EPA Guidance for such actions. Such actions may be conducted at anytime, either before or after the issuance of a ROD. 18.5 If an imminent health hazard (e.g., a drinking water well containing any contaminant at concentrations greater than any federal or Commonwealth drinking water action level or maximum contaminant level [MCL]) or an activity conducted pursuant to this Agreement that is creating a danger to the public health or welfare or the environment is discovered by any Party during the efforts covered by this Agreement, the discovering Party will notify the other Parties and the Navy will take immediate action to promptly notify all appropriate Commonwealth and local agencies, potentially affected persons, and officials in accordance with 10 U.S.C. Section 2705(a). The Navy will expeditiously take appropriate measures to protect all persons affected. 18.6 All activities pursuant to this Agreement will be performed in accordance with the Health and Safety Plan and will be conducted so as to minimize the threat to the surrounding public.

REMOVAL AND EMERGENCY ACTIONS. 17.1 VA 18.1 The Air Force shall provide EPA and the UDEQ with timely notice of any proposed removal action. 17.2 18.2 Nothing in this Agreement shall alter VA’s, the UDEQAir Force’s or EPA’s authority with respect to removal actions conducted pursuant to Section 104 of CERCLA, 42 U.S.C. Section 9604. 17.3 18.3 If during the course of performing the activities required under this Agreement, any Party identifies an actual or a substantial threat of a release of any hazardous substance, pollutant, or contaminant at or from the Site, that Party may propose that VA the Air Force undertake removal actions to xxxxx the danger and threat that may be posed by such actual or threatened release. All removal actions conducted at the Site on XxXxxxx Air Force Base shall be conducted in a manner consistent with this Agreement, CERCLA, Executive Order 12580, DERP, including provisions for timely notification and consultation with EPA, state, and local officials, and the NCP and shall, to the extent practicable, contribute to the efficient performance of any long-term remedial action with respect to the release(s) or threatened release(s) concerned. Prior to determining to undertake such actions, VA the Air Force shall submit to EPA and the UDEQEPA: 17.3.1 18.3.1 Documentation of the actual or threatened release at or from the Site; 17.3.2 18.3.2 Documentation that the actions proposed will xxxxx the danger and threat that may be posed by release of hazardous substances, pollutants, or contaminants at or from the Site; 17.3.3 18.3.3 Documentation that the action is consistent with the NCP, applicable State New Jersey regulations, and, to the extent practicable, contributes to the efficient performance of any long-long- term remedial action with respect to the release or threatened release concerned; 17.3.4 18.3.4 Prepare an Engineering Evaluation/Cost Analysis (EE/CA), or its equivalent for a removal action whenever a planning period of at least six months exists before on-site Site activities must be initiated (Non-Time Critical Removal Action). The EE/CA shall contain an analysis of removal alternatives for a site. The screening of alternatives shall be based on criteria as provided in CERCLA and the NCP, such as cost, feasibility, and effectiveness. 17.3.5 18.3.5 A Non-Time-Critical Removal Action Plan and Target Date for the proposed action; and 17.3.6 18.3.6 EPA and the UDEQ shall expedite all reviews of these proposals to the maximum extent practicable. 18.4 The opportunity for review and comment for proposed removal actions, as stated in Subsection 18.3 above, may not apply if the action is in the nature of an emergency removal taken because a release or threatened release may present an imminent and substantial endangerment to human health or the environment. The Air Force may determine that review and comment, as stated in Subsection 18.3 above, is impractical. However, in the case of an emergency removal action, the Air Force shall provide EPA with oral notice as soon as possible. A written notice shall be transmitted to EPA within forty-eight (48) hours after the Air Force determines that an emergency removal is necessary, which will include any deviations from the oral notice. Within seven (7) days after initiating an emergency removal action, the Air Force shall provide EPA with the written basis (factual, technical and scientific) for such action and any available documents supporting such action. Upon completion of an emergency removal action, the Air Force shall state whether, and to what extent, the emergency removal action varied from the description of the action in the written notice provided pursuant to this Section. Within sixty (60) days of completion of an emergency response action, the Air Force will furnish EPA with a Removal Action Memorandum addressing the information provided in the written notification, whether and to what extent the action varied from the description previously provided, and any other information required by CERCLA or the NCP, and in accordance with EPA Guidance for such actions. Such actions may be conducted at anytime, either before or after the issuance of a ROD. 18.5 If an imminent health hazard or an activity conducted pursuant to this Agreement that is creating a danger to the public health or welfare or the environment is discovered by any Party, the discovering Party will notify the other Party, and the Air Force will take immediate action to promptly notify all appropriate state and local agencies, potentially affected persons and officials in accordance with 10 U.S.C. Section 2705(a). The Air Force will expeditiously take appropriate measures to protect all persons affected. 18.6 All activities pursuant to this Agreement will be performed in accordance with the Health and Safety Plan and will be conducted so as to minimize the threat to the surrounding public.

REMOVAL AND EMERGENCY ACTIONS. 17.1 VA 18.1 The Army shall provide EPA and the UDEQ VDEQ with timely notice of any proposed removal action. 17.2 18.2 Nothing in this Agreement shall alter VAthe Army’s, the UDEQVDEQ’s or EPA’s authority with respect to removal actions conducted pursuant to Section 104 of CERCLA, 42 U.S.C. Section 9604. 17.3 18.3 If during the course of performing the activities required under this Agreement, any Party identifies an actual or a substantial threat of a release of any hazardous substance, pollutant, or contaminant at or from the Site, that Party may propose that VA the Army undertake removal actions to xxxxx the danger and threat that may be posed by such actual or threatened release. All removal actions conducted at the Site on Fort Eustis shall be conducted in a manner consistent with this Agreement, CERCLA, Executive Order 12580, DERP, including provisions for timely notification and consultation with EPA and the appropriate VDEQ and local officials, and the NCP and shall, to the extent practicable, contribute to the efficient performance of any long-term remedial action with respect to the release(s) or threatened release(s) concerned. Prior to determining to undertake such actions, VA the Army shall submit to EPA and the UDEQVDEQ: 17.3.1 18.3.1 Documentation of the actual or threatened release at or from the Site; 17.3.2 18.3.2 Documentation that the actions proposed will xxxxx the danger and threat that may be posed by release of hazardous substances, pollutants, or contaminants at or from the Site; 17.3.3 18.3.3 Documentation that the action is consistent with the NCP, applicable State Commonwealth regulations, and, to the extent practicable, contributes to the efficient performance of any long-long- term remedial action with respect to the release or threatened release concerned; 17.3.4 18.3.4 Prepare an Engineering Evaluation/Cost Analysis (EE/CA), or its equivalent for a removal action whenever a planning period of at least six months exists before on-site activities must be initiated (Non-Time Critical Removal Action). The EE/CA shall contain an analysis of removal alternatives for a site. The screening of alternatives shall be based on criteria as provided in CERCLA and the NCP, such as cost, feasibility, and effectiveness. 17.3.5 18.3.5 A Non-Time-Critical Removal Action Plan and Target Date for the proposed action; and 17.3.6 18.3.6 EPA and the UDEQ VDEQ shall expedite all reviews of these proposals to the maximum extent practicable. 18.4 The opportunity for review and comment for proposed removal actions, as stated in Subsection 18.3 above, may not apply if the action is in the nature of an emergency removal taken because a release or threatened release may present an imminent and substantial endangerment to human health or the environment. The Army may determine that review and comment, as stated in Subsection 18.3 above, is impractical. However, in the case of an emergency removal action, the Army shall provide EPA and the VDEQ with oral notice as soon as possible. A written notice shall be transmitted to all the Parties within forty-eight (48) hours after the Army determines that an emergency removal is necessary, which will include any deviations from the oral notice. Within seven (7) days after initiating an emergency removal action, the Army shall provide EPA and the VDEQ with the written basis (factual, technical and scientific) for such action and any available documents supporting such action. Upon completion of an emergency removal action, the Army shall state whether, and to what extent, the emergency removal action varied from the description of the action in the written notice provided pursuant to this Section. Within sixty (60) days of completion of an emergency response action, the Army will furnish EPA and the VDEQ with a Removal Action Memorandum addressing the information provided in the written notification, whether and to what extent the action varied from the description previously provided, and any other information required by CERCLA or the NCP, and in accordance with EPA Guidance for such actions. Such actions may be conducted at anytime, either before or after the issuance of a ROD. 18.5 If an imminent health hazard or an activity conducted pursuant to this Agreement that is creating a danger to the public health or welfare or the environment is discovered by any Party, the discovering Party will notify the other Parties and the Army will take immediate action to promptly notify all appropriate Commonwealth and local agencies, potentially affected persons and officials in accordance with 10 U.S.C. Section 2705(a). The Army will expeditiously take appropriate measures to protect all persons affected. 18.6 All activities pursuant to this Agreement will be performed in accordance with the Health and Safety Plan and will be conducted so as to minimize the threat to the surrounding public.