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1 <br />Consent Decree Exhibit C <br />4.3 INSTITUTIONAL CONTROLS <br />Institutional controls are physical, legal, and administrative measures that will be implemented <br />at the Site to limit or prohibit activities that may interfere with the integrity of any cleanup action, <br />physical control, and/or monitoring system that exists on the Site as part of the CAP. <br />Institutional controls are also established to prohibit actions of individuals that could potentially <br />result in exposure to hazardous substances at the Site. Institutional controls may be enforced <br />by Ecology under the terms of a restrictive covenant attached to the deed for the property. <br />Institutional controls for the existing conditions are: <br />• The owner of the Site shall adhere to the requirements of Consent Decree and <br />Cleanup Action Plan. Any activity on the Site that may interfere with the Cleanup <br />Action is prohibited. <br />• In compliance with the Cleanup Action Plan, the owner of the Site must install, <br />operate, monitor, maintain and repair all containment, control, treatment, and <br />monitoring systems installed or required for the Site. This requirement includes <br />continued maintenance and applicable operation of landfill cover, and the leachate <br />collection system until such time that the shallow aquifer may be proven to meet <br />chemical cleanup standards. <br />• Landfill gas institutional controls include signage, training, and confined space entry <br />procedures where appropriate. <br />• No groundwater may be withdrawn for any purpose except groundwater monitoring <br />or leachate collection. <br />• Fencing with locked gates, and related signage shall be maintained to prohibit <br />unauthorized access to undeveloped portions of the Site. Undeveloped portions of <br />the Site should be accessible only to authorized personnel for maintenance or <br />construction activities. <br />• Health and safety training for contaminated materials must be required for any <br />subsurface work that would penetrate below cover soils. Clean cover soils shall be <br />replaced and revegetated following disturbance. <br />• The owner of the Site shall allow authorized representatives of Ecology the right to <br />enter the Site at reasonable times and with reasonable prior notice for the purpose of <br />evaluating compliance with the Cleanup Action Plan and to inspect records that are <br />related to the Cleanup Action. Access must be provided to facility manholes, vaults, <br />foundation and basements, or other required locations on the Site or building. <br />4.4 WORK TO BE PERFORMED CHECKLIST <br />Items listed in the following checklist are activities required for existing conditions at the <br />Landfill/Tire Fire Site. Compliance monitoring and contingency plan requirements are defined in <br />detail in the associated CMCP for the Site (see attachment CAP-2). <br />FINAL - March 2001 <br />4-4 Everett Landfill Tire Fire Site <br />Cleanup Action Plan <br />1 <br />1 <br />1 <br />1 <br />1 <br />1 <br />1 <br />1 <br />1 <br />1 <br />1 <br />1 <br />1 <br />1 <br />1 <br />1 <br />