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6 <br />5. If the reported concern to Ecology is pertaining to erosion, failure <br />of onsite best management practices or failure by the contractor to <br />contain soil and arsenic laden soils from leaving the work site, this <br />shall constitute an emergency and regardless of day or time, <br />immediate actions will be taken by Ecology to direct the contractor <br />to provide immediate solutions to resolve the specific issue. <br />Ecology will commence with an investigation regarding the <br />incident and will provide a written report to the city within 5 <br />working days of the incident. A copy of the report shall be sent to <br />the authority issuing the site specific Stormwater Management <br />Program (SWMP). <br />All findings and results of investigations shall be in writing. <br />(10) Resolution of Disputes <br />Ecology will resolve disputes with City representatives through <br />investigations at the requests of City representatives and discussions <br />between the City and Ecology's on -site field representatives. These field <br />representatives are responsible for investigating and addressing City <br />requests, as well as conveying the decisions of Ecology project staff <br />regarding proposed additions, changes, deletions, or other actions <br />pertaining to the Work. <br />It is the responsibility of Ecology's on -site field representatives to bring <br />investigation reports and potential disputes to the attention of Ecology's <br />project manager. However, the City may also contact Ecology's project <br />manager directly to report a disputed item of Work or disputed <br />investigation conclusion. <br />Dispute process: <br />1. In the event a dispute arises as to an approval, disapproval, <br />proposed change, investigation conclusion, or other decision or <br />action by Ecology project staff, the City may faunally dispute <br />Ecology's decision as described here. <br />2. The City will be asked to submit its complaint to. the Northwest <br />Region Toxics Cleanup Section Manager ("Section Manager") <br />in writing. <br />3. The Section Manager shall conduct a review of the dispute and <br />shall endeavor to issue a written decision regarding the dispute <br />within thirty (30) days of City's request for review. The Section <br />Manager's decision shall be Ecology's final decision on the <br />disputed matter. <br />37 <br />