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THIS DRAFT DOES NOT CONSTITUTE AN OFFER <br />NOR A COMMITMENT TO EXTEND AN OFFER <br />Aquatic Lands Lease (Rev. 7/20/2022) Page 15 of 57 Lease No. 20-107205 <br />(2) Result in human or environmental exposure to contaminated sediments, if <br />any; <br />(3) Result in the mechanical or chemical disturbance of on-site habitat <br />mitigation, if any. <br />(b) If requested, Tenant shall allow reasonable access to: <br />(1) Employees and authorized agents of the United States Environmental <br />Protection Agency (EPA), the Washington State Department of Ecology, <br />health department, or other similar environmental agencies; and <br />(2) Potentially liable or responsible parties who are the subject of an order or <br />consent decree that requires access to the Property. Tenant may negotiate <br />an access agreement with such parties, but Tenant may not unreasonably <br />withhold such agreement. <br /> <br />8.6 Notification and Reporting. <br />(a) Tenant shall immediately notify State if Tenant becomes aware of any of the <br />following: <br />(1) A release or threatened release of Hazardous Substances; <br />(2) Any new discovery of or new information about a problem or liability <br />related to, or derived from, the presence of Hazardous Substances; <br />(3) Any lien or action arising from Hazardous Substances; <br />(4) Any actual or alleged violation of any federal, state, or local statute, <br />ordinance, rule, regulation, or other law pertaining to Hazardous <br />Substances; <br />(5) Any notification from the EPA or the Washington State Department of <br />Ecology that remediation or removal of Hazardous Substances is or may <br />be required at the Property. <br />(b) Tenant’s duty to report under Paragraph 8.6(a) extends to lands described in <br />Paragraph 8.2(a) and to any other property used by Tenant in conjunction with the <br />Property if a release of Hazardous Substances on the other property could affect <br />the Property. <br />(c) Tenant shall provide State with copies of all documents Tenant submits to any <br />federal, state or local authorities concerning environmental impacts or proposals <br />relative to the Property. Documents subject to this requirement include, but are <br />not limited to, applications, reports, studies, or audits for National Pollutant <br />Discharge Elimination System permits; United States Army Corps of Engineers <br />permits; State Hydraulic Project Approvals (HPA); State Water Quality <br />Certifications; Shoreline Substantial Development permits; and any reporting <br />necessary for the existence, location, and storage of Hazardous Substances on the <br />Property. <br /> <br /> <br /> <br /> <br /> DRAFT