Laserfiche WebLink
1 <br />1 <br />1 <br />fi <br />1 <br />1 <br />1 <br />1 <br />1 <br />1 <br />I <br />1 <br />I <br />1 XXVII. CONTRIBUTION PROTECTION <br />2 With regard to claims for contribution against the City of Everett for matters addressed <br />3 in this Decree, the City of Everett is entitled to protection from contribution actions or claims <br />4 as is provided by MTCA, RCW 70.105D.040, or as otherwise provided by law. <br />5 XXVIII. COVENANT NOT TO SUE <br />6 A. In consideration of the City of Everett's compliance with the tenns and <br />7 conditions of this Decree, Ecology agrees that compliance with this Decree shall stand in lieu <br />g of any and all administrative, legal, and equitable remedies and enforcement actions available <br />9 to Ecology against the City of Everett for the release or threatened release of known hazardous <br />10 substances addressed pursuant to this Consent Decree and the CAP. For purposes of this <br />11 paragraph, "known hazardous substances" shall include the hazardous substances identified in <br />12 the Brownfield Feasibility Study conducted at this Site (RUTS), which are described in the <br />13 CAP and Paragraph V.5 of the Decree. <br />14 1. REOPENER: Ecology specifically reserves the right to institute legal or <br />15 administrative action against the City of Everett following twenty (20) days written notice to <br />16 Everett, seeking to require it to perform additional remedial action at the facility, and to pursue <br />17 appropriate cost recovery in accordance with provisions set out in RCW 70.105D.050, under <br />18 the following requirements: <br />19 (a) In the event that the City of Everett fails to comply with the <br />20 temis and conditions of this Decree, Mcludingall exhibits. <br />21 (b) In the event new infomlation becomes available regarding <br />22 factors not known at the time of entry of this Decree which present a previously unknown <br />23 threat to human health or the environment, and Ecology detennines, in light of this <br />24 information, that further remedial action is necessary at the facility to protect human health or <br />25 <br />CONSENT DECREE <br />23 ATTORNEY GENERAL OF WASHINGTON <br />Ecology Div'sion <br />PO Box 40117 <br />Olympia, Vl%A 98504-0117 <br />FAX (360) 586-6760 <br />I <br />