|
C. "Environmental Law" refers to any federal, state, or local law, statute,
<br /> ordinance, code, rule, regulation, authorization, decision, order, injunction or decree, the
<br /> common law, and any judicial interpretation of any of the foregoing, which pertains to health,
<br /> safety of employees or third parties, any Hazardous Material, or the protection of human health,
<br /> the environment and any natural resource, and shall include without limitation, the Solid Waste
<br /> Disposal Act, 42 U.S.C. Section 6901 et seq.; the Comprehensive Environmental Response,
<br /> Compensation and Liability Act of 1980, 42 U.S.C. Section 9601 et seq., as amended by
<br /> Superfund Amendments and Reauthorization Act of 1986; the Hazardous Materials
<br /> Transportation Act, 49 U.S.C. Section 1801 et seq.; the Federal Water Pollution Control Act, 33
<br /> U.S.C. Section 1251 et seq.; the Clean Air Act, 42 U.S.C. Section 7401 et seq.; Resource
<br /> Conservation and Recovery Act, 42 U.S.C. §6901 et seq.; the Toxic Substances Control Act, 15
<br /> U.S.C. Section 2601 et seq.; the Safe Water Drinking Water Act, 42 U.S.C. Section 300f;
<br /> Washington Hazardous Waste Management Act, chapter 70.105 RCW; the Washington State
<br /> Model Toxics Control Act, chapter 70.105D RCW ("MTCA") as any of the foregoing now exist
<br /> or may be changed or amended or come into effect in the future.
<br /> D. "Hazardous Material" refers to any substance, whether solid, liquid, or
<br /> gaseous: (i) which is listed, defined, or regulated as a"hazardous substance," "toxic or hazardous
<br /> material", "hazardous waste", "pollutant" or "contaminant" or otherwise classified as hazardous
<br /> or toxic, by any applicable Environmental Law.
<br /> E. "release" of a Hazardous Material refers to any intentional or
<br /> unintentional entry of any Hazardous Material into the environment, including but not limited to
<br /> the abandonment or disposal of containers of Hazardous Materials.
<br /> Section 2. Utility Property and Utility Easement Area Remediation Activities and
<br /> Decommissioning and Development Projects
<br /> A. Remediation on the Utility Property and Utility Easement Area.
<br /> Notwithstanding the transfer of the Utility Property and grant of easement in the Utility
<br /> Easement Area to the City, K-C shall be responsible for performing (with reservation of rights in
<br /> accordance with Section 3.A.): (i) compliance with the Order, (ii) compliance with any
<br /> amendment to or successor of the Order to the extent applicable to the "Upland Area" as defined
<br /> by the Order and to the extent agreed to by Ecology and K-C (such amendment to or successor of
<br /> the Order shall include, without limitation, an agreed order or consent decree, and any interim
<br /> action, cleanup action, or cleanup action plan amendment plan); (iii) compliance with any
<br /> enforcement order or other formal action of Ecology having compulsory effect issued prior to
<br /> December 31, 2027 and to the extent applicable to the Utility Property or Utility Easement Area;
<br /> and (iv) undertaking commercially reasonable efforts to promptly obtain a Regulatory Closure
<br /> Document related to Hazardous Material located on, in, or under the Utility Property and Utility
<br /> Easement Area as of the date of Closing under the Purchase Agreement. K-C's obligations under
<br /> this Section 2.A may include, but are not limited to, performing any such required Remediation
<br /> Activities on the Utility Property and Utility Easement Area.
<br /> B. Cooperation. The City will provide K-C with reasonable access to the
<br /> 4
<br />
|