3800 RIVERFRONT BLVD 2025-07-23 - Laserfiche WebLink

n FINAL Section 2: Pursuant to the Cleanup Action Plan, the owner of the Property must maintain landfill cover, site access controls and leachate collection systems, and must install, operate, and maintain the surface water drainages stems and the as management P a Y g g systems, until such time as Ecology determines, pursuant to the Consent Decree and Section 9 of this Restrictive Covenant, that cleanup standards have been achieved or that the Cleanup Action is no longer necessary or appropriate. Section 3: Future use of the Property shall be limited to commercial, industrial, office, mixed use, recreational, multi -family residential (upper levels only) or public access uses as those uses are defined in MTCA and the City of Everett Zoning Code and Comprehensive Plan. Overnight camping shall not be permitted- The owner must notify and obtain approval from Ecology, or from a successor agency, prior to any use of the Property that is inconsistent with this Section. Ecology, or its successor agency, may approve such a use only after public notice and comment. Section 4: The owner shall not consurninate any conveyance of title, easement, lease or other interest in the Property without adequate and complete provision for the continued operation, maintenance and monitoring of the Cleanup Action undertaken pursuant to the Consent Decree. The owner shall restrict leases to uses and activities consistent with the Consent Decree and notify all lessees of the restrictions on the use of the property. Section 5: During the Effective Period of the Consent Decree, the owner shall notify Ecology of its intent to convey any interest in the Property. Section 6: Ecology or any Ecology authorized representatives shall have the authority to enter and freely move about the Property at all reasonable times for the purposes of overseeing and verifying remedial actions being performed, including, inter alia: inspecting records, operation logs, and contracts related to the work being performed pursuant to the Consent Decree; reviewing the owner's progress in carrying out the terms of the Consent Decree; conducting such tests or collecting such samples as Ecology may deem necessary; using a camera, sound recording, or other documentary type equipment to record work done pursuant to the Consent Decree; and verifying the data submitted to Ecology by the owner. Section 7: No groundwater may be withdrawn from the Property for any purpose except groundwater monitoring or leachate collection. Section 8: Workers temporarily penetrating landfill cover materials on the Property must comply with OSHA and WSHA health and safety regulations. Uncontrolled penetration of landfill cover materials without notification of CAP requirements is prohibited. 1 1 1