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I Defendant has a continuing obligation to determine whether additional pernlits or <br />2 approvals addressed in RCW 70.105D.090(1) would otherwise be required for the remedial <br />3 action under this Decree. In the event either Ecology or the City of Everett determines that <br />4 additional permits or approvals addressed in RCW 70.105D.090(1) would otherwise be <br />5 required for the remedial action under this Decree, it shall promptly notify the other party of <br />6 this determination. Ecology shall determine whether Ecology or the City of Everett shall be <br />7 responsible to contact the appropriate state and/or local agencies. If Ecology so requires, the <br />8 City of Everett shall promptly consult with the appropriate state and/or local agencies and <br />9 provide Ecology with written documentation from those agencies of the substantive <br />10 requirements those agencies believe are applicable to the remedial action. Ecology shall make <br />11 the final determination on the additional substantive requirements that must be met by the City <br />12 of Everett and on how the City of Everett must meet those requirements. Ecology shall inform <br />13 the City of Everett in writing of these requirements. Once established by Ecology, the <br />14 additional requirements shall be enforceable requirements of this Decree. The City of Everett <br />15 shall not begin or continue the remedial action potentially subject to the additional <br />16 requirements until Ecology makes its final determination. <br />17 Ecology shall ensure that notice and opportunity for comment is provided to the public <br />18 and appropriate agencies prior to establishing the substantive requirements under this Section. <br />19 C. Pursuant to RCW 70.105D.090(2), in the event Ecology determines that the <br />20 exemption from complying with the procedural requirements of the laws referenced in RCW <br />21 70.105D.090(1) would result in the loss of approval from a federal agency which is necessary <br />22 for the State to administer any federal law, the exemption shall not apply and the City of <br />23 Everett shall comply with both the procedural and substantive requirements of the laws <br />24 referenced in RCW 70.105D.090(l ), including any requirements to obtain permits. <br />25 <br />CONSENT DECREE 18 ATTORNEY GENERAL OF WASHINGTON <br />Ecology Division <br />PO Box 40117 <br />Olympia, WA 98504-0117 <br />FAX (360) 586-6760 <br />