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1 <br />1 <br />XXI. REMEDIAL AND INVESTIGATIVE COSTS <br />2 <br />The City of Everett agrees to pay costs incurred by Ecology pursuant to this Decree. <br />3 <br />These costs shall include work performed by Ecology or its contractors for, or on, the Site <br />4 <br />under Ch. 70.105D RCW subsequent to the issuance of this Decree for investigations, remedial <br />5 <br />actions, and Decree preparation, negotiations, oversight and administration. Ecology costs <br />6 <br />shall include costs of direct activities and support costs of direct activities as defined in WAC <br />7 <br />173-340-550(2). The City of Everett agrees to pay the required amount within ninety (90) days <br />8 <br />of receiving from Ecology an itemized statement of costs that includes a summary of costs <br />g <br />incurred, an identification of involved staff, and the amount of time spent by involved staff <br />10 <br />members on the project. A general statement of work performed will be provided upon <br />Itemized be Failure to Ecology's <br />11 <br />request. statements shall prepared quarterly. pay costs within <br />12 <br />ninety (90) days of receipt of the itemized statement will result in interest charges. <br />13 <br />XXII. IMPLEMENTATION OF REMEDIAL ACTION <br />14 <br />If Ecology determines that the City of Everett has failed without good cause to <br />15 <br />implement the remedial action, Ecology may, after notice to the City of Everett, perform any or <br />16 <br />all portions of the remedial action that remain incomplete. If Ecology performs all or portions <br />17 <br />of the remedial action because of the City of Everett's failure to comply with its obligations <br />Decree City Everett Ecology for doing <br />18 <br />under this the of shall reimburse the costs of such work <br />� n' �' b <br />19 <br />in accordance with Section XXI, provided that the City of Everett is not obligated under this <br />20 <br />Section to reimburse Ecology for costs incurred for work inconsistent with or beyond the scope <br />21 <br />of this Decree. <br />22 <br />XXIII. FIVE YEAR REVIEW <br />23 <br />As remedial action, including ground water monitoring, continues at the Site, the <br />24 <br />parties agree to review the progress of remedial action at the Site, and to review the data <br />25 <br />accumulated as a result of site monitoring as often as is necessary and appropriate under the <br />19 ATTORNEY GENERAL OF WASHINGTON <br />CONSENT DECREE <br />Ecology D'v'sion <br />PO Box 40117 <br />Olympia, WA 98504-0117 <br />FAX (360) 586-6760 <br />