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1 1 4. Ecology's Program Manager shall conduct a review of the dispute and 2 shall issue a written decision regarding the dispute within thirty (30) days of the City of 3 Everett's request for review. The Program Manager's decision shall be Ecology's final decision the disputed 4 on matter. 5 B. If Ecology's final written decision is unacceptable to the City of Everett, the 6 City of Everett shall have the right to submit the dispute to the Court for resolution. The 7 parties agree that one judge should retain jurisdiction over this case and shall, as necessary, g resolve any dispute arising under this Decree. In the event the City of Everett presents an issue 9 to the Court for review, the Court shall review the action or decision of Ecology on the basis of 10 whether such action or decision was arbitrary and capricious and render a decision based on 11 such standard of review. 12 C. The parties may agree to substitute an Alternative Dispute Resolution ("ADR") 13 process, such as mediation, for the formal dispute resolution process set forth in paragraphs A 14 and B above. 15 D. The parties agree to only utilize the dispute resolution process in good faith and ' 16 agree to expedite, to the extent possible, the dispute resolution process whenever it is used. 17 Where either party utilizes the dispute resolution process in bad faith or for purposes of delay, 18 the other party may seek sanctions. 19 E. Implementation of these dispute resolution procedures shall not provide a basis 20 for delay of any activities required in this Decree, unless Ecology agrees in writing to a 21 schedule extension or the Court so orders. 22 XV. AMENDMENT OF CONSENT DECREE A. This Decree be by the to 23 may only amended a written stipulation among parties 24 this Decree that is entered by the Court or by order of the Court. Such amendment shall 25 13 ATTORNEY GENERAL OF WASHINGTON CONSENT DECREE Ecology Division PO Box 40117 Olympia, NVA 98504-0117 FAX (360) 586-6760 1