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I regraded and covered by a minimum of two feet of clean soil to achieve better surface water <br />2 control. <br />3 F. In 1997, Ecology amended the 1994 Enforcement Order to include redesigning <br />4 the leachate collection system and covering the fire fire ash area as interim actions. The <br />5 collection system was re -located fifty feet inward of the landfill's eastern boundary from the <br />6 original design. These two interim actions were completed in the spring of 1998. <br />7 G. In entering into this Consent Decree (Decree), the mutual objective of the <br />8 Washington State Department of Ecology (Ecology), and the City of Everett is to provide for <br />9 remedial action at a facility where there has been a release or threatened release of hazardous <br />10 substances. This Decree requires the City of Everett to undertake the remedial actions <br />11 specified in the Cleanup Action Plan and Scope of Work and Schedule attached as Exhibit C <br />12 and D to this Consent Decree. Ecology has determined that these actions are necessary to <br />13 protect public health and the environment. <br />14 H. The Complaint in this action is being filed simultaneously with this Decree. An <br />15 answer has not been filed, and there has not been a trial on any issue of fact or law in this case. <br />16 However, the parties wish to resolve the issues raised by Ecology's complaint. In addition, the <br />17 parties agree that settlement of these matters without litigation is reasonable and in the public <br />18 interest and that entry of this Decree is the most appropriate means of resolving these matters. <br />19 1. In signing this Decree, the City of Everett agrees to its entry and agrees to be <br />20 bound by its terms. <br />21 J. By entering into this Decree, the parties do not intend to discharge norr settling <br />22 parties from any liability they may have with respect to matters alleged in the complaint The <br />23 parties, including the City of Everett's or its Successors and Assigns, retain the right to seek <br />24 reimbursement, in whole or in part, from any liable persons for sums expended under this <br />25 Decree. <br />CONSENT DECREE 4 ATTORNEY GENERAL OF WASHINGTON <br />Ecology Division <br />PO Box 40117 <br />Olympia, WA 98504-0117 <br />FAX (360) 586-6760 <br />