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I Based on these studies and additional background reports contained in Ecology's files, <br />2 Ecology finds as follows: The investigations have documented the "release", as defined in <br />3 RCW 70.105D.020(20) of hazardous substances into the environment. The City of Everett has <br />4 completed remedial actions at the Site consistent with the prior orders issued by Ecology. <br />5 These remedial activities have included installing a landfill cover, construction of a leachate <br />6 collection system and other actions. The work outlined in Section VI and the attached CAP, <br />7 including work already performed consistent with the CAP, is necessary and appropriate to <br />8 complete cleanup for existing Site conditions and to ensure that future uses will be consistent <br />9 with the cleanup requirements and be protective of human health and the environment. <br />10 6. The City of Everett intends to facilitate the redevelopment of the Site for uses <br />11 consistent with this Consent Decree, the attached CAP, and applicable City of Everett zoning <br />12 provisions and comprehensive plan designations. <br />13 VI. WORK TO BE PERFORMED <br />14 This Decree contains a program designed to protect public health, welfare and the <br />15 environment from the known release, or threatened release, of hazardous substances or <br />16 contaminants at, on, or from the Site. The requirements of this program are set forth in detail <br />17 in the Cleanup Action Plan (CAP) for Everett Landfill attached as Exhibit C, and the Scope of <br />18 Work and Schedule attached as Exhibit D. The Exhibits are incorporated by reference in this <br />19 Decree. The City of Everett shall complete the cleanup actions selected in the attached CAP <br />20 and Scope of Work and Schedule for existing conditions and any future redevelopment at the <br />21 Site. <br />22 The City of Everett agrees not to perform any remedial actions outside the scope of this <br />23 Decree that are substantial unless approved in writing by Ecology or the parties agree to amend <br />24 the Scope of Work to cover these actions. Nonsubstantial actions may occur if approved in <br />25 <br />CONSENT DECREE 8 ATTORNEY GENERAL OF WASHINGTON <br />Ecology Division <br />PO Box 40117 <br />Olympia, WA 98504-0117 <br />FAX (360) 586-6760 <br />