Common use of Review and Comment on Draft Documents Clause in Contracts

Review and Comment on Draft Documents. A. Navy shall complete and transmit each draft Primary Document to the other Parties on or before the corresponding Deadline established pursuant to Section XI (Deadlines and Contents of Site Management Plan) of this Agreement for the issuance of the document. Navy shall complete and transmit each draft Secondary Document in accordance with the Target Dates established for the issuance of such documents. B. Unless the Parties agree to another time period, all draft documents shall be subject to a 60-day period for review and comment. Any Amended SMP shall be reviewed and commented on in accordance with Section XII (Budget Development and Amendment of Site Management Plan) and or as agreed to by the Parties. Review of any document by EPA, Interior, or the Commonwealth may concern all aspects of the document (including completeness) and should include, but not be limited to, technical evaluation of any aspect of the document and consistency with CERCLA, the NCP, and any pertinent policy or Guidance issued by EPA. Comments by EPA, Interior, or the Commonwealth shall be provided with adequate specificity so that Navy may respond to the comment and, if appropriate, make changes to the draft document. Comments shall refer to any pertinent sources of authority or references upon which the comments are based, and, upon Navy's request, EPA, Interior, or the Commonwealth shall provide a copy of the cited authority or reference. In cases involving complex or unusually lengthy reports, EPA, Interior, or the Commonwealth may extend the 60-day comment period for an additional 20 days by written notice to Navy prior to the end of the 60-day period. On or before the close of any comment period, EPA, Interior, and the Commonwealth shall transmit their written comments to Navy. C. The review period for documents shall not begin until the date any such document is received. D. If documents not scheduled in the current SMP are determined by mutual agreement of the Program Managers to be necessary, review periods, Deadlines, and Target Dates shall be established and shall be incorporated into an Amended SMP. E. Representatives of Navy shall make themselves readily available to EPA, Interior, and the Commonwealth during the comment period for purposes of informally responding to questions and comments on draft documents. Oral comments made during such discussions need not be the subject of a written response by Navy at the close of the comment period. F. In commenting on a draft document that contains a proposed XXXX determination, EPA, Interior, or the Commonwealth shall include a reasoned statement of whether it objects to any portion of the proposed XXXX determination. To the extent that EPA, Interior, or the Commonwealth does object, it shall explain the basis for the objection in detail and shall identify any ARARs that it believes were not properly addressed in the proposed XXXX determination. G. Following the close of any comment period for a draft document, Navy shall give full consideration to all written comments on the draft document submitted during the comment period. Within 30 days of the close of the comment period on a Draft Secondary Document, Navy shall transmit to EPA, Interior, and the Commonwealth its written response to comments received within the comment period. Within 60 days of the close of the comment period on a Draft Primary Document, Navy shall transmit to EPA, Interior, and the Commonwealth a Draft Final Primary Document, which shall include Navy’s response to all written comments received within the comment period. While the resulting Draft Final Document shall be the responsibility of Navy, it shall be the product of consensus to the maximum extent possible. H. Navy may extend the period set forth in Subsection 10.7.G for either responding to comments on a Draft Document or for issuing the Draft Final Primary Document for an additional 20 days by providing timely notice to EPA, Interior and the Commonwealth. In appropriate circumstances, this time period may be further extended in accordance with Section XIII (Extensions) hereof.

Review and Comment on Draft Documents. A. Navy 10.7.1 The Army shall complete and transmit each draft Primary Document to EPA and the other Parties VDEQ on or before the corresponding Deadline established pursuant to Section XI (Deadlines and Contents of Site Management Plan) of this Agreement for the issuance of the document. Navy The Army shall complete and transmit each the draft Secondary Document in accordance with the Target Dates established for the issuance of such documentsreports established pursuant to Section XI – DEADLINES AND CONTENTS OF SITE MANAGEMENT PLAN of this Agreement. B. 10.7.2 Unless the Parties mutually agree to another time period, all draft documents documents, except the Site Management Plan, the prefinal Remedial Design and the final Remedial Design, shall be subject to a sixty (60-) day period for review and comment. Any Amended SMP The Site Management Plan shall be reviewed and commented on in accordance with Section XII (Budget Development and Amendment of Site Management Plan) and – BUDGET DEVELOPMENT AND AMENDMENT OF SITE MANAGEMENT PLAN or as agreed to by the Parties. The Parties recognize that time periods for review and comment on the draft Remedial Design and Remedial Action Work Plans may need to be expedited in order for the Army to satisfy the requirement of Section 120(e)(2) of CERCLA, 42 U.S.C. Section 9620(e)(2). The prefinal Remedial Design shall be subject to a forty-five (45) day period for review and comment. The final Remedial Design will be subject to a two (2) week period for review and comment by the Parties. If the final Remedial Design differs substantially from the prefinal Remedial Design, EPA or the VDEQ may extend the two (2) week review and comment period for an additional two (2) weeks by providing written notice to the Army prior to the end of the initial two (2) week comment period. Review of any document by EPA, Interior, or EPA and the Commonwealth VDEQ may concern all aspects of the document (including completeness) and should include, but is not be limited to, technical evaluation of any aspect of the document document, and consistency with CERCLA, the NCP, and any pertinent Guidance or policy or Guidance issued promulgated by EPA, and with applicable Commonwealth law. Comments by EPA, Interior, or EPA and the Commonwealth VDEQ shall be provided with adequate specificity so that Navy the Army may respond to the comment and, if appropriate, make changes to the draft document. Comments shall refer to any pertinent sources of authority or references upon which the comments are based, and, upon Navy's requestrequest of the Army, EPA, Interior, EPA or the Commonwealth shall provide a copy of the cited authority or reference. In cases involving complex or unusually lengthy reports, EPA, Interior, EPA or the Commonwealth VDEQ may extend the sixty (60-) day comment period for an additional 20 twenty (20) days by written notice to Navy the Army prior to the end of the sixty (60-) day period. On or before the close of any comment period, EPA, Interior, EPA and the Commonwealth VDEQ shall transmit their written comments to Navythe Army. C. 10.7.3 The review period for documents shall not begin until the submission date any such document is receivedspecified in the Site Management Plan. D. If documents not scheduled in the current SMP are determined by mutual agreement 10.7.4 Representatives of the Program Managers to be necessary, review periods, Deadlines, and Target Dates shall be established and shall be incorporated into an Amended SMP. E. Representatives of Navy Army shall make themselves readily available to EPA, Interior, EPA and the Commonwealth during the comment period for purposes of informally responding to questions and comments on draft documents. Oral comments made during such discussions need not be the subject of a written response by Navy the Army at the close of the comment period. F. 10.7.5 In commenting on a draft document that contains a proposed XXXX determination, EPA, Interior, EPA or the Commonwealth VDEQ shall include a reasoned statement of whether it objects they object to any portion of the proposed XXXX determination. To the extent that EPA, Interior, EPA or the Commonwealth does objectVDEQ objects, it shall explain the basis for the its objection in detail and shall identify any ARARs that which it believes were not properly addressed in the proposed XXXX determination. G. 10.7.6 Following the close of any the comment period for a draft document, Navy the Army shall give full consideration to all written comments on the draft document submitted during the comment period. Within 30 sixty (60) days of the close of the comment period on a Draft draft Secondary Document, Navy the Army shall transmit to EPA, Interior, EPA and the Commonwealth VDEQ its written response to comments received within the comment period. Within 60 sixty (60) days of the close of the comment period on a Draft Primary Document, Navy the Army shall transmit to EPA, Interior, EPA and the Commonwealth VDEQ a Draft Final Primary Document, which shall include Navythe Army’s response to all written comments received within the comment period. While the resulting Draft Final Document draft final document shall be the responsibility of Navythe Army, it shall be the product of consensus to the maximum extent possible. H. Navy 10.7.7 The Army may extend the 60-day period set forth in Subsection 10.7.G for either responding to comments on a Draft Document draft document or for issuing the Draft Final draft final Primary Document for an additional 20 twenty (20) days by providing timely notice to EPA, Interior EPA and the CommonwealthVDEQ. In appropriate circumstances, this time period may be further extended in accordance with Section XIII (Extensions) hereof– EXTENSIONS.

Review and Comment on Draft Documents. A. Navy 10.7.1 The Air Force shall complete and transmit each draft Primary Document to the other Parties EPA on or before the corresponding Deadline established pursuant to Section XI (Deadlines and Contents of Site Management Plan) of this Agreement for the issuance of the document. Navy The Air Force shall complete and transmit each the draft Secondary Document in accordance with the Target Dates established for the issuance of such documentsreports established pursuant to Section XI – DEADLINES AND CONTENTS OF SITE MANAGEMENT PLAN of this Agreement. B. 10.7.2 Unless the Parties mutually agree to another time period, all draft documents documents, except the Site Management Plan, the pre-final Remedial Design and the final Remedial Design, shall be subject to a sixty (60-) day period for review and comment. Any Amended SMP The Site Management Plan shall be reviewed and commented on in accordance with Section XII (Budget Development and Amendment of Site Management Plan) and – BUDGET DEVELOPMENT AND AMENDMENT OF SITE MANAGEMENT PLAN or as agreed to by the Parties. The Parties recognize that time periods for review and comment on the draft Remedial Design and Remedial Action Work Plans may need to be expedited in order for the Air Force to satisfy the requirement of Section 120(e)(2) of CERCLA, 42 U.S.C. Section 9620(e)(2). The pre-final Remedial Design shall be subject to a forty-five (45) day period for review and comment. The final Remedial Design will be subject to a two (2) week period for review and comment by the Parties. If the final Remedial Design differs substantially from the pre-final Remedial Design, EPA may extend the two (2) week review and comment period for an additional two (2) weeks by providing written notice to the Air Force prior to the end of the initial two (2) week comment period. Review of any document by EPA, Interior, or the Commonwealth EPA may concern all aspects of the document (including completeness) and should include, but is not be limited to, technical evaluation of any aspect of the document document, and consistency with CERCLA, the NCP, and any pertinent Guidance or policy or Guidance issued promulgated by EPA, and with applicable New Jersey law. Comments by EPA, Interior, or the Commonwealth EPA shall be provided with adequate specificity so that Navy the Air Force may respond to the comment and, if appropriate, make changes to the draft document. Comments shall refer to any pertinent sources of authority or references upon which the comments are based, and, upon Navy's requestrequest of the Air Force, EPA, Interior, or the Commonwealth EPA shall provide a copy of the cited authority or reference. In cases involving complex or unusually lengthy reports, EPA, Interior, or the Commonwealth EPA may extend the sixty (60-) day comment period for an additional 20 days by written notice to Navy prior to the end of the 60-day period. On or before the close of any comment period, EPA, Interior, and the Commonwealth shall transmit their written comments to Navy. C. The review period for documents shall not begin until the date any such document is received. D. If documents not scheduled in the current SMP are determined by mutual agreement of the Program Managers to be necessary, review periods, Deadlines, and Target Dates shall be established and shall be incorporated into an Amended SMP. E. Representatives of Navy shall make themselves readily available to EPA, Interior, and the Commonwealth during the comment period for purposes of informally responding to questions and comments on draft documents. Oral comments made during such discussions need not be the subject of a written response by Navy at the close of the comment period. F. In commenting on a draft document that contains a proposed XXXX determination, EPA, Interior, or the Commonwealth shall include a reasoned statement of whether it objects to any portion of the proposed XXXX determination. To the extent that EPA, Interior, or the Commonwealth does object, it shall explain the basis for the objection in detail and shall identify any ARARs that it believes were not properly addressed in the proposed XXXX determination. G. Following the close of any comment period for a draft document, Navy shall give full consideration to all written comments on the draft document submitted during the comment period. Within 30 days of the close of the comment period on a Draft Secondary Document, Navy shall transmit to EPA, Interior, and the Commonwealth its written response to comments received within the comment period. Within 60 days of the close of the comment period on a Draft Primary Document, Navy shall transmit to EPA, Interior, and the Commonwealth a Draft Final Primary Document, which shall include Navy’s response to all written comments received within the comment period. While the resulting Draft Final Document shall be the responsibility of Navy, it shall be the product of consensus to the maximum extent possible. H. Navy may extend the period set forth in Subsection 10.7.G for either responding to comments on a Draft Document or for issuing the Draft Final Primary Document for an additional 20 days by providing timely notice to EPA, Interior and the Commonwealth. In appropriate circumstances, this time period may be further extended in accordance with Section XIII (Extensions) hereof.twenty

Review and Comment on Draft Documents. A. Navy 10.7.1 USACE shall complete and transmit each draft Primary Document to the other Parties EPA, ODEQ, and WDOE on or before the corresponding Deadline established pursuant to Section XI (Deadlines and Contents of Site Management Plan) of this Agreement for the issuance of the document. Navy USACE shall complete and transmit each the draft Secondary Document in accordance with the Target Dates established for the issuance of such documentsreports established pursuant to Section XI – DEADLINES AND CONTENTS OF SITE MANAGEMENT PLAN of this Agreement. B. 10.7.2 Unless the Parties mutually agree to another time time-period, all draft documents documents, except the Site Management Plan, the prefinal Remedial Design and the final Remedial Design, shall be subject to a sixty (60-) day period for review and comment. Any Amended SMP The Site Management Plan shall be reviewed and commented on in accordance with Section XII (Budget Development and Amendment of Site Management Plan) and – BUDGET DEVELOPMENT AND AMENDMENT OF SITE MANAGEMENT PLAN or as agreed to by the Parties. The Parties recognize that time periods for review and comment on the draft Remedial Design and Remedial Action Work Plans may need to be expedited in order for USACE to satisfy the requirement of Section 120(e)(2) of CERCLA, 42 U.S.C. Section 9620(e)(2). The prefinal Remedial Design shall be subject to a forty-five (45) day period for review and comment. The final Remedial Design will be subject to a two (2) week period for review and comment by the Parties. If the final Remedial Design differs substantially from the prefinal Remedial Design, EPA, ODEQ, or WDOE may extend the two (2) week review and comment period for an additional two (2) weeks by providing written notice to USACE prior to the end of the two (2) week comment period. Review of any document by EPA, InteriorODEQ, or the Commonwealth and WDOE may concern all aspects of the document (including completeness) and should include, but is not be limited to, technical evaluation of any aspect of the document document, and consistency with CERCLA, the NCP, and any pertinent Guidance or policy or Guidance issued promulgated by EPA, and with applicable State law. Comments by EPA, InteriorODEQ, or the Commonwealth and WDOE shall be provided with adequate specificity so that Navy USACE may respond to the comment and, if appropriate, make changes to the draft document. Comments shall refer to any pertinent sources of authority or references upon which the comments are based, and, upon Navy's requestrequest of USACE, EPA, InteriorODEQ, or the Commonwealth WDOE shall provide a copy of the cited authority or reference. In cases involving complex or unusually lengthy reports, EPA, InteriorODEQ, or the Commonwealth WDOE may extend the sixty (60-) day comment period for an additional 20 days by written notice to Navy prior to the end of the 60-day period. On or before the close of any comment period, EPA, Interior, and the Commonwealth shall transmit their written comments to Navy. C. The review period for documents shall not begin until the date any such document is received. D. If documents not scheduled in the current SMP are determined by mutual agreement of the Program Managers to be necessary, review periods, Deadlines, and Target Dates shall be established and shall be incorporated into an Amended SMP. E. Representatives of Navy shall make themselves readily available to EPA, Interior, and the Commonwealth during the comment period for purposes of informally responding to questions and comments on draft documents. Oral comments made during such discussions need not be the subject of a written response by Navy at the close of the comment period. F. In commenting on a draft document that contains a proposed XXXX determination, EPA, Interior, or the Commonwealth shall include a reasoned statement of whether it objects to any portion of the proposed XXXX determination. To the extent that EPA, Interior, or the Commonwealth does object, it shall explain the basis for the objection in detail and shall identify any ARARs that it believes were not properly addressed in the proposed XXXX determination. G. Following the close of any comment period for a draft document, Navy shall give full consideration to all written comments on the draft document submitted during the comment period. Within 30 days of the close of the comment period on a Draft Secondary Document, Navy shall transmit to EPA, Interior, and the Commonwealth its written response to comments received within the comment period. Within 60 days of the close of the comment period on a Draft Primary Document, Navy shall transmit to EPA, Interior, and the Commonwealth a Draft Final Primary Document, which shall include Navy’s response to all written comments received within the comment period. While the resulting Draft Final Document shall be the responsibility of Navy, it shall be the product of consensus to the maximum extent possible. H. Navy may extend the period set forth in Subsection 10.7.G for either responding to comments on a Draft Document or for issuing the Draft Final Primary Document for an additional 20 days by providing timely notice to EPA, Interior and the Commonwealth. In appropriate circumstances, this time period may be further extended in accordance with Section XIII (Extensions) hereof.twenty

Review and Comment on Draft Documents. A. Navy shall complete and transmit each draft Primary Document to the other Parties on or before the corresponding Deadline established pursuant to Section XI (Deadlines and Contents of Site Management Plan) of this Agreement for the issuance of the document. Navy shall complete and transmit each draft Secondary Document in accordance with the Target Dates established for the issuance of such documents. B. Unless the Parties agree to another time period, all draft documents shall be subject to a 60-day period for review and comment. Any Amended SMP shall be reviewed and commented on in accordance with Section XII (Budget Development and Amendment of Site Management Plan) and or as agreed to by the Parties. Review of any document by EPA, Interior, or the Commonwealth may concern all aspects of the document (including completeness) and should include, but not be limited to, technical evaluation of any aspect of the document and consistency with CERCLA, the NCP, and any pertinent policy or Guidance issued by EPA. Comments by EPA, Interior, or the Commonwealth shall be provided with adequate specificity so that Navy may respond to the comment and, if appropriate, make changes to the draft document. Comments shall refer to any pertinent sources of authority or references upon which the comments are based, and, upon Navy's request, EPA, Interior, or the Commonwealth shall provide a copy of the cited authority or reference. In cases involving complex or unusually lengthy reports, EPA, Interior, or the Commonwealth may extend the 60-day comment period for an additional 20 days by written notice to Navy prior to the end of the 60-day period. On or before the close of any comment period, EPA, Interior, and the Commonwealth shall transmit their written comments to Navy. C. The review period for documents shall not begin until the date any such document is received. D. If documents not scheduled in the current SMP are determined by mutual agreement of the Program Managers to be necessary, review periods, Deadlines, and Target Dates shall be established and shall be incorporated into an Amended SMP. E. Representatives of Navy shall make themselves readily available to EPA, Interior, and the Commonwealth during the comment period for purposes of informally responding to questions and comments on draft documents. Oral comments made during such discussions need not be the subject of a written response by Navy at the close of the comment period. F. In commenting on a draft document that contains a proposed XXXX determination, EPA, Interior, or the Commonwealth shall include a reasoned statement of whether it objects to any portion of the proposed XXXX determination. To the extent that EPA, Interior, or the Commonwealth does object, it shall explain the basis for the objection in detail and shall identify any ARARs that it believes were not properly addressed in the proposed XXXX determination. G. X. Following the close of any comment period for a draft document, Navy shall give full consideration to all written comments on the draft document submitted during the comment period. Within 30 days of the close of the comment period on a Draft Secondary Document, Navy shall transmit to EPA, Interior, and the Commonwealth its written response to comments received within the comment period. Within 60 days of the close of the comment period on a Draft Primary Document, Navy shall transmit to EPA, Interior, and the Commonwealth a Draft Final Primary Document, which shall include Navy’s response to all written comments received within the comment period. While the resulting Draft Final Document shall be the responsibility of Navy, it shall be the product of consensus to the maximum extent possible. H. Navy may extend the period set forth in Subsection 10.7.G for either responding to comments on a Draft Document or for issuing the Draft Final Primary Document for an additional 20 days by providing timely notice to EPA, Interior and the Commonwealth. In appropriate circumstances, this time period may be further extended in accordance with Section XIII (Extensions) hereof.

Review and Comment on Draft Documents. A. The Navy shall complete and transmit each draft Primary Document to the other Parties EPA and the VDEQ on or before the corresponding Deadline established pursuant to Section XI (Deadlines and Contents of Site Management Plan) - DEADLINES AND CONTENTS OF SITE MANAGEMENT PLAN of this Agreement for the issuance of the document. The Navy shall complete and transmit each the draft Secondary Document in accordance with the Target Dates established for the issuance of such documents. B. Unless the Parties mutually agree to another time period, all draft documents documents, except the SMP, the Prefinal RD, and the Final RD, shall be subject to a 60-day period for review and comment. Any Amended The SMP shall be reviewed and commented on in accordance with Section XII (Budget Development and Amendment of Site Management Plan) and or as agreed to by the Parties. The Parties recognize that time periods for review and comment on the Draft RD and RA Work Plans may need to be expedited in order for the Navy to satisfy the requirement of Section 120(e)(2) of CERCLA, 42 U.S.C. Section 9620(e)(2). The Prefinal RD shall be subject to a 45-day period for review and comment. The Final RD will be subject to a 2-week period for review and comment by the Parties. If the Final RD differs substantially from the Prefinal RD, the EPA or the VDEQ may extend the 2-week review and comment period for an additional 2 weeks by providing written notice to the Navy prior to the end of the initial 2-week comment period. Review of any document by EPA, Interior, or the Commonwealth EPA and the VDEQ may concern all aspects of the document (including completeness) and should include, but not be limited to, technical evaluation of any aspect of the document document, and consistency with CERCLA, the NCP, and any pertinent policy or Guidance issued by EPAthe EPA or the VDEQ. Comments by EPA, Interior, or the Commonwealth EPA and the VDEQ shall be provided with adequate specificity so that the Navy may respond to the comment and, if appropriate, make changes to the draft document. Comments shall refer to any pertinent sources of authority or references upon which the comments are based, and, upon request of the Navy's request, the EPA, Interior, or the Commonwealth VDEQ shall provide a copy of the cited authority or reference. In cases involving complex or unusually lengthy reports, EPA, Interior, the EPA or the Commonwealth VDEQ may extend the 60-day comment period for an additional 20 days by written notice to the Navy prior to the end of the 60-day period. On or before the close of any comment period, EPA, Interior, the EPA and the Commonwealth VDEQ shall transmit their written comments to the Navy. C. The review period for documents shall not begin until the submission date any such document is receivedspecified in the SMP. D. If documents not scheduled in the current SMP are determined by mutual agreement of the Program Managers to be necessary, review periods, Deadlines, and Target Dates shall be established and shall be incorporated into an the Amended SMP. E. Representatives of Navy shall make themselves readily available to EPA, Interior, and the Commonwealth during the comment period for purposes of informally responding to questions and comments on draft documents. Oral comments made during such discussions need not be the subject of a written response by Navy at the close of the comment period. F. In commenting on a draft document that contains a proposed XXXX determination, EPA, Interior, or the Commonwealth shall include a reasoned statement of whether it objects to any portion of the proposed XXXX determination. To the extent that EPA, Interior, or the Commonwealth does object, it shall explain the basis for the objection in detail and shall identify any ARARs that it believes were not properly addressed in the proposed XXXX determination. G. Following the close of any comment period for a draft document, Navy shall give full consideration to all written comments on the draft document submitted during the comment period. Within 30 days of the close of the comment period on a Draft Secondary Document, Navy shall transmit to EPA, Interior, and the Commonwealth its written response to comments received within the comment period. Within 60 days of the close of the comment period on a Draft Primary Document, Navy shall transmit to EPA, Interior, and the Commonwealth a Draft Final Primary Document, which shall include Navy’s response to all written comments received within the comment period. While the resulting Draft Final Document shall be the responsibility of Navy, it shall be the product of consensus to the maximum extent possible. H. Navy may extend the period set forth in Subsection 10.7.G for either responding to comments on a Draft Document or for issuing the Draft Final Primary Document for an additional 20 days by providing timely notice to EPA, Interior and the Commonwealth. In appropriate circumstances, this time period may be further extended in accordance with Section XIII (Extensions) hereof.