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Consent Decree Exhibit C 1 6.2.4 Surface Water Compliance Monitoring and Contingency Plan Objectives Surface water pathway inspection requirements for developed conditions will include periodic observation of construction practices and stormwater management facilities. Compliance monitoring and contingency plans for developed conditions are identical to compliance monitoring and contingency plans for existing conditions. See Section 4.2.4 and/or the CMCP for more details. 6.3 INSTITUTIONAL CONTROLS Institutional controls are physical, legal, and administrative measures that will be implemented at the developed Site to limit or prohibit activities that may interfere with the integrity of any physical controls, treatment systems, and monitoring systems that exist on the Site as part of the CAP. Institutional controls may be implemented and enforced under the terms of a restrictive covenant, which is recorded with title for the property. Institutional controls for potential future developed conditions at the landfill include: • The owner of the Site shall adhere to the requirements of Consent Decree and Cleanup Action Plan. Any activity on the Site that may interfere with the Cleanup Action is prohibited. Any activity on the Site that may result in endangerment to human health or the environment by hazardous substances contained on -site or by gas generated by and emitted from the Site is prohibited. • In compliance with the Cleanup Action Plan, the owner of the Site must install, operate, monitor, maintain and repair all containment, control, treatment, and monitoring systems installed or required for closure of the Site. This requirement includes installation and maintenance of landfill cover, surface water drainage systems and gas management systems; and protection, maintenance and continued operation of leachate collection system. • Property management controls must be implemented and maintained to ensure security and continued integrity of physical controls at the Site. Workers temporarily penetrating landfill cover materials must comply with OSHA and WISHA health and safety regulations. • No groundwater may be withdrawn for any purpose except groundwater monitoring or leachate collection. • The City and all subsequent owners shall provide for the continued operation, maintenance and monitoring of the Cleanup Action. • Future use of the Site shall be restricted to commercial, industrial, mixed use, recreational, multi -family residential (upper levels only) or public access uses. The owner must notify and obtain approval from Ecology, or from a successor agency, prior to any use of the Site that is inconsistent with the terms of the Restrictive Covenant. • The owner shall notify all lessees of the restrictions on the use of the property. • The owner shall allow authorized representatives of Ecology, or a successor agency, the right to enter the Site at reasonable times and with reasonable prior notice for the FINAL - March 2001 6-6 Everett Landfill Tire Fire Site Cleanup Action Plan 1 I_J 1 Fl� 1 1 11 1 1 1 1 1 1 1 1 1