TERMINATION AND SATISFACTION. The provisions of this Consent Agreement shall be deemed satisfied upon the execution by both parties of an Acknowledgment of Satisfaction (Acknowledgment). DTSC will prepare the Acknowledgment for Respondent's signature. The Acknowledgment will specify that Respondent has demonstrated to the satisfaction of DTSC that the terms of this Consent Agreement including payment of DTSC's costs have been satisfactorily completed. The Acknowledgment will affirm Respondent's continuing obligation to preserve all records after the rest of the Consent Agreement is satisfactorily completed.
TERMINATION AND SATISFACTION.
A. To the extent that remedial response actions are conducted in operable units under the provisions of this Agreement, following completion of all response actions at an operable unit and upon written request by DOE, the EPA, with the concurrence of the SCDHEC, will send to DOE a written notice that the operable unit has been completed in accordance with the requirements for that operable unit. This notice shall not serve as written notice of termination and satisfaction of the entire Agreement described under Subsection B of this Section.
B. To the extent that remedial response actions are conducted pursuant to the provisions of this Agreement, following the completion of all remedial response actions and upon written request by DOE, the EPA, with the concurrence of the SCDHEC will send to DOE a written notice of satisfaction of the terms of this Agreement within ninety (90) days of the request. The notice shall state that, in the opinion of EPA and SCDHEC, the DOE has satisfied all the terms of this Agreement in accordance with the requirements of CERCLA, the NCP, Section 3008(h) of RCRA, 42 U.S.C. § 6928(h), and related guidance, and applicable State laws and that the work performed by DOE was consistent with the agreed-to remedial actions.
TERMINATION AND SATISFACTION. Upon completion of the Final Report prepared by the LRS, Applicant may seek a Certificate of Completion from the Secretary. Upon receipt of a request for a Certificate of Completion, the Secretary shall determine whether the Site meets applicable standards for those areas of the Site and for those contaminants identified in this Agreement and whether Applicant has complied with this Agreement and any approved work plans for the Site. Upon making this determination, the Secretary shall issue a Certificate of Completion which conforms substantially to Appendix 60-3C of the Rule. Where this Agreement requires a Land Use Covenant, the Certificate of Completion shall not become effective until it is properly filed with the Clerk of the County Commission of the county in which the property is located. If the Secretary determines that the Certificate of Completion should not be issued because Applicant has not completed the work required by this Agreement and any approved work plans or because the Site does not meet applicable standards, the Secretary shall initiate the procedures relating to denial of a Certificate of Completion as provided in the Rule. The provisions of this Agreement are satisfied, and this Agreement shall terminate when the Secretary issues the Certificate of Completion. Nothing in this Agreement shall restrict the State of West Virginia from seeking other appropriate relief to protect human health or the environment from pollution or contamination at or from the Site not remediated in accordance with this Agreement. Applicant may, in its sole discretion, terminate this Agreement by providing to the Secretary fifteen (15) days advance written notice of termination. Only those costs incurred or obligated by the Secretary before the notice of termination is received are recoverable if the Agreement is terminated. If Applicant terminates this Agreement, then Applicant shall pay WVDEP’s costs associated with the voluntary remediation within thirty-one (31) days after receiving notice that the costs are due and owing.
TERMINATION AND SATISFACTION. A. The provisions of this Agreement shall be deemed satisfied upon a consensus of the Parties that the Corps has completed its obligations under the terms of this Agreement. Following EPA Certification of the remedial actions at the Site pursuant to Section XXXII.D.2 (Work to be Performed) any Party may propose in writing the termination of this Agreement upon a showing that the objectives of this Agreement have been satisfied. A Party opposing termination of this Agreement shall serve its objection upon the proposing Party within 30 days of receipt of the proposal. No Party shall unreasonably withhold or delay termination of this Agreement.
B. The obligations and objectives of this Agreement, except for the continuing obligations identified below, shall be deemed satisfied and terminated upon receipt by the Corps of written notice from the EPA, with concurrence of the State, that the Corps has demonstrated that all the requirements of this Agreement have been satisfied.
C. Any disputes arising from this Termination and Satisfaction process shall be resolved pursuant to the provisions of Section XII (Resolution of Disputes) of this Agreement.
D. This Section shall not affect the Parties’ continuing obligations pursuant to Section XXXVI (Preservation of Records) or Section XXXIII (Periodic Review) of this Agreement. In no event will this Agreement terminate prior to the Corps’ completion of the Work required by this Agreement.
TERMINATION AND SATISFACTION. The provisions of this Consent Order shall be deemed satisfied upon NASA’s receipt of written notice from EPA that NASA has demonstrated, to the satisfaction of EPA, that the terms of this Consent Order, including any additional tasks determined by EPA to be required pursuant to this Consent Order, have been satisfactorily completed. This notice shall not, however, terminate NASA’s obligation to comply with any continuing obligations hereunder including, but not limited to, Sections XII (“Record Preservation”), XX (“Reservation of Rights”), XXI (“Other Claims”), and XXII (“Other Applicable Laws”).
TERMINATION AND SATISFACTION. Upon completion of the Final Report prepared by the LRS, Applicant may seek a Certificate of Completion from the Secretary. Upon receipt of a request for a Certificate of Completion, the Secretary shall determine whether the Site meets applicable standards for those areas of the Site and for those contaminants identified in this Agreement and whether Applicant has complied with this Agreement and any approved work plans for the Site. Upon making this determination, the Secretary shall issue a Certificate of Completion which conforms substantially to Appendix 60-3C of the Rule. Where this Agreement requires a Land Use Covenant, the Certificate of Completion shall not become effective until it is properly filed with the Clerk of the County Commission of the county in which the property is located. If the Secretary determines that the Certificate of Completion should not be issued because Applicant has not completed the work required by this Agreement and any approved work plans or because the Site does not meet applicable standards, the Secretary shall initiate the procedures relating to denial of a Certificate of Completion as provided in the Rule. The provisions of this Agreement are satisfied, and this Agreement shall terminate when the Secretary issues the Certificate of Completion.
TERMINATION AND SATISFACTION. 40.1 The provisions of this Agreement shall be deemed satisfied upon EPA determining that all obligations under the terms of this Agreement have been completed. Following EPA Certification of all the response actions at the Site pursuant to Subsection 9.18.C of Section IX (Work to Be Performed), any Party may propose in writing the termination of this Agreement upon a showing that the requirements of this Agreement have been satisfied. The obligations and objectives of this Agreement shall be deemed satisfied and terminated upon receipt by Navy of written notice from EPA, with concurrence of the Commonwealth and Interior, that Navy has demonstrated that all the requirements of this Agreement have been satisfied. EPA, in the event it opposes termination of this Agreement, shall provide a written statement of the basis for its denial and describe the actions necessary to grant a termination notice to the proposing Party within 90 days of receipt of the proposal.
40.2 Any disputes arising from this Termination and Satisfaction process shall be resolved pursuant to the provisions of Section XX (Dispute Resolution) of this Agreement.
40.3 Upon termination of this Agreement, Navy shall place a public notice announcing termination in two major local newspapers of general circulation.
TERMINATION AND SATISFACTION. 26.1 The provisions of this Agreement shall be deemed satisfied and terminated upon the USAF's receipt of written notice from UDEQ that USAF has demonstrated to the satisfaction of UDEQ that all the terms of this Agreement have been completed. If UDEQ denies or otherwise fails to grant a termination notice within 90 days of receiving a written USAF request for such notice, UDEQ shall provide a written statement of the basis for its denial and describe USAF actions that, in the view of UDEQ, would be a satisfactory basis for granting a notice of completion. Such denial shall be subject to dispute resolution.
26.2 Subsection 26.1 shall not affect the requirements for periodic review at maximum five-year intervals of the efficacy of the remedial actions.
26.3 Either Party may terminate this Agreement without cause upon 90 days written notice.
TERMINATION AND SATISFACTION. The provisions of the Agreement shall be satisfied when RRC gives the Applicant written notice in the form of a Final Certificate of Completion that the Applicant has demonstrated to RRC’s satisfaction that all terms of this Agreement have been completed, including the selection and implementation of a response action, when appropriate.
TERMINATION AND SATISFACTION. A. At any time, IDEM may reject a RWP, withdraw its approval of a RWP, withdraw from this Agreement, or terminate the Applicant’s participation in VRP if:
(1) the person proposing or implementing the work plan fails substantially to comply with the terms and conditions of an approved voluntary remediation investigation plan, an approved RWP, or this Agreement, including but not limited to:
(a) failure to obtain access in accordance with Exhibit C, Part I, or
(b) failure to pay properly documented IDEM Administrative Costs on a timely basis; or
(2) a release of a hazardous substance or petroleum causes an imminent and substantial threat to human health or the environment; or
(3) the Applicant fails to take appropriate and timely action to address the release or threatened release of a hazardous substance or petroleum.
B. In the event that IDEM withdraws from this Agreement and terminates Applicant’s participation in the VRP for any reason, all protection provided under IC 13-25-5-18(g) is extinguished and IDEM may bring any action to enforce any statute or regulation under Title 13 of the Indiana Code, including an action regarding the violations that arose from a release subject to this Agreement, and the Applicant shall remain responsible for Administrative Costs incurred to the time of termination. The Applicant agrees and understands that if IDEM terminates Applicant’s participation in the VRP, the Applicant may be responsible for subsequent administrative and response costs as provided by applicable law. If IDEM rejects a RWP, withdraws approval of a RWP, withdraws from this Agreement, or terminates the Applicant’s participation in the VRP, IDEM may bring an action, including an administrative action, against the Applicant.
C. If IDEM terminates the Applicant’s participation in the VRP, the Applicant may reapply to the VRP. However, notwithstanding IC 13-25-5-5(a), IDEM may in its discretion use its basis for terminating the Applicant’s participation in the VRP as a reason for rejecting the Applicant’s reapplication to the VRP. Any reapplication to the VRP may, in IDEM’s discretion, be subject to guidance, rules, or other documents approved or required by VRP at the time of reapplication, including modifications to IDEM’s Remediation Closure Guide or changes in default screening levels. This paragraph 23.C shall survive termination or satisfaction of this Agreement.
D. The provisions of this Agreement shall be satisfied when IDEM issues a Certificate o...
