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2003/03/19 Council Agenda Packet
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2003/03/19 Council Agenda Packet
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Council Agenda Packet
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3/19/2003
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(c) State's ability to seek reimbursement for any Tests under this Subsection shall be <br /> conditioned upon State providing Grantee written notice of its intent to conduct <br /> any Tests at least thirty (30)calendar days prior to undertaking such Tests, unless <br /> such Tests are performed in response to an emergency situation in which case <br /> State shall only be required to give such notice as is reasonably practical. <br /> (d) Grantee shall be entitled to obtain split samples of any Test samples obtained by <br /> State,but only if Grantee provides State with written notice requesting such <br /> samples within twenty(20) calendar days of the date Grantee is deemed to have <br /> received notice of State's intent to conduct any non-emergency Tests. The <br /> additional cost,if any, of split samples shall be borne solely by Grantee. Any <br /> additional costs State incurs by virtue of Grantee=s split sampling shall be <br /> reimbursed to State within thirty(30)calendar days after a bill with <br /> documentation for such costs is sent to Grantee. <br /> (e) Within thirty(30)calendar days of a written request(unless otherwise required <br /> pursuant to Subsection 8.4(b), above), either party to this Easement shall provide <br /> the other party with validated final data, quality assurance/quality control <br /> information, and chain of custody information, associated with any Tests of the <br /> Easement Property performed by or on behalf of State or Grantee. There is no <br /> obligation to provide any analytical summaries or expert opinion work product. <br /> 8.8 Sediment Investigation. <br /> (a) If State has reason to believe that a release or threatened release of Hazardous <br /> Substances has occurred on the Easement Property during Grantee's occupancy, <br /> State may require Grantee to conduct a Closeout Environmental Assessment <br /> (Closeout Assessment) by providing Grantee with written notice of this <br /> requirement no later than one hundred eighty(180) calendar days prior to the <br /> Termination Date, or within ninety(90) days of any valid notice to terminate the <br /> easement earlier than originally agreed. The purpose of the Closeout Assessment <br /> shall be to determine the existence, scope, or effects of any Hazardous Substances <br /> on the Easement Property and any associated natural resources. If the initial <br /> results of the Closeout Assessment disclose the existence of Hazardous <br /> Substances that may have migrated to other property, State may require additional <br /> Closeout Assessment work to determine the existence, scope, and effect of any <br /> Hazardous Substances on adjoining property, any other property subject to use by <br /> Grantee in conjunction with its use of the Easement Property, or on any associated <br /> natural resources. The Closeout Assessment may include Sediment Sampling. <br /> Any Sediment Sampling must include those sample locations and parameters <br /> reported in Grantee's Sediment Investigation Report completed at the initiation of <br /> this Easement as well as any additional testing requirements State may require <br /> based on changes in scientific, statutory, or regulatory standards for information <br /> concerning the activities of Grantee, its subgrantees, contractors, agents, <br /> employees, guests,invitees, or affiliates. <br /> October 14,2002 Page 12 of 27 Outfall Easement <br /> F <br /> F <br />
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