Report of Modified Phase I Environmental Site Assessment Sample Clauses

Report of Modified Phase I Environmental Site Assessment. DT&R Facility, 0000 Xxxxxxxxxx Xxxxxxx, Xxxxxxxxxx, Xxx Xxxxxx (3-D Environmental, Inc. 2010) 2-2
Sample 1
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Report of Modified Phase I Environmental Site Assessment. DT&R Facility, 0000 Xxxxxxxxxx Xxxxxxx, Xxxxxxxxxx, Xxx Xxxxxx (3-D Environmental, Inc. 2010) In 2010, a Modified Phase I ESA (3-D Environmental, Inc. 2010) was completed for the property to evaluate potential environmental concerns associated with historical activities at the facility at the time M-I SWACO began leasing the property. The 2010 ESA identified potential areas of impact within the facility and completed an exit baseline surface soil assessment. The areas of impact included used oil drums and a tool rack, a waste management dumpster unit, and an oil-stained gravel area, and a second 5-foot-wide by 10-foot-long oil-stained gravel area. The Modified Phase I ESA is included in Appendix A, and a brief summary is provided below. Five surface soil samples were collected within the facility boundary. Samples were collected at a depth of 0.5 foot and were analyzed for semivolatile organic compounds (SVOCs), volatile organic compounds (VOCs), Resource Conservation and Recovery Act (RCRA) 8 metals (arsenic, barium, cadmium, chromium, lead, mercury, selenium, and silver), total petroleum hydrocarbons (TPH), and synthetic precipitation leaching procedure (SPLP) for lead. Sample concentrations were compared with the NMED soil screening levels (SSLs; dilution attenuation factor [DAF] of 20), NMED direct-contact residential and industrial SSLs, NMED TPH SSLs, and SPLP for lead. Arsenic concentrations exceeded the direct-contact residential SSL. However, none of the metal concentrations exceeded the direct-contact industrial SSLs. None of the detected SVOC concentrations exceeded NMED SSLs. The analytical results showed the presence of elevated lead (up to 159 milligrams per kilogram [mg/kg]) in the soil samples on the west side of the warehouse. Leachate testing for lead determined that the NMED SSL for the soil-to-groundwater pathway was incomplete. No residential or industrial NMED SSLs were exceeded. TPH constituents were identified in the oil-stained gravel and underlying soil at the southwest corner of the storage yard. The TPH fractionation analysis and the detected SVOCs at this location identify the hydrocarbon in the soil as a hydraulic oil. Although TPH concentrations exceed the direct-contact residential soil screening, the TPH concentrations do not exceed direct-contact SSLs in an industrial setting. The depth of TPH impact was not determined during the Modified Phase I ESA.
Sample 1

Related to Report of Modified Phase I Environmental Site Assessment

  • Force Majeure If by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement then such party shall give notice and full particulars of Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon, and the obligation of the party giving such notice, so far as it is affected by such Force Majeure, shall be suspended during the continuance of the inability then claimed, except as hereinafter provided, but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch. Choice of Law The Agreement between the Vendor and TIPS/ESC Region 8 and any addenda or other additions resulting from this procurement process, however described, shall be governed by, construed and enforced in accordance with the laws of the State of Texas, regardless of any conflict of laws principles. Venue, Jurisdiction and Service of Process Any Proceeding arising out of or relating to this procurement process or any contract issued by TIPS resulting from or any contemplated transaction shall be brought in a court of competent jurisdiction in Camp County, Texas and each of the parties irrevocably submits to the exclusive jurisdiction of said court in any such proceeding, waives any objection it may now or hereafter have to venue or to convenience of forum, agrees that all claims in respect of the Proceeding shall be heard and determined only in any such court, and agrees not to bring any proceeding arising out of or relating to this procurement process or any contract resulting from or any contemplated transaction in any other court. The parties agree that either or both of them may file a copy of this paragraph with any court as written evidence of the knowing, voluntary and freely bargained for agreement between the parties irrevocably to waive any objections to venue or to convenience of forum. Process in any Proceeding referred to in the first sentence of this Section may be served on any party anywhere in the world. Venue for any dispute resolution process, other than litigation, between TIPS and the Vendor shall be located in Camp or Xxxxx County, Texas.

  • Waiver The waiver by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any other or subsequent breach.

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  • Confidentiality (a) Subject to Section 7.15(c), during the Term and for a period of three

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  • NOW, THEREFORE the parties hereto agree as follows:

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  • Severability Any provision of this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof, and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.

  • Assignment This Agreement and all rights and obligations hereunder may not be assigned without the written consent of the other party.

  • Termination This Agreement may be terminated at any time prior to the Closing:

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