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expertise in hazardous waste site investigation and cleanup. The PLP Group <br />shall notify Ecology as to the identity of such engineers or hydrogeologist(s), <br />and of any contractors and subcontractors to be used in carrying out the terse <br />of this Agreed Order, in advance of their involvement at the Site. The PLP <br />Group shall provide a copy of this Agreed Order to all agents, contractors and <br />subcontractors retained to perform work required by this Agreed Order and shall <br />ensure that all work undertaken by such agents, contractors and subcontractors <br />will be in compliance with this Agreed Order. <br />b. Except where necessary to abate an emergency situation, the <br />PLP Group shall not perform any remedial actions at the Site outside tha- <br />required by this Agreed Order unless Ecology concurs, in writing, with such <br />additional remedial actions. WAC 173-340-400(7)(b)(i) requires that <br />*construction" performed on the Site must be under the supervision of a <br />professional engineer registered in the state of Washington. <br />39. mays. Ecology or any Ecology authorized representative shall <br />have the authority to ent,ar and freely move about the Site at all reasonable <br />times for the purposes of, inter alia: inspecting records, operation logs and <br />contracts related to the work being performed pursuant to this Agreed Order; <br />reviewing the progress in carrying out the terms of this Agreed Order; <br />conducting such tests or collecting samples as Ecology or the project <br />coordinator may deem necessary; using a camera, sound recording or other <br />documentary type equipment to record work done pursuant to this Agreed Order; <br />and verifying the data submitted to Ecology by the PLP Group. By signing this <br />Agreed Order, the PLP Grcup agrees that this Agreed Order constitutes <br />Treasonable notice of access and agrees to allow access to the Site at all <br />reasonable times for purposes of overseeing work performed under this Agreed <br />Order. Ecology shall provide seven (7) days, notice t the PLP Group before <br />any planned sampling activity and shall allow split or replicate samples to be <br />taken by the PLP Group during such sampling unless doing so interferes with <br />Ecology's sampling. The PLP Group shall provide seven (7) days, notice to <br />Ecology before any planned sampling activity and shall allow split or replicate <br />samples to be taken by Ecology. <br />40. Public Part+cination. The PLP Group shall prepare and/or update a <br />public participation plan for the Site. Ecology shall maintain the <br />responsibility for public participation at the Site. The PLP Group shall help <br />coordinate and implement public participation for the Site. <br />41. Retention of Records. The PLP Group shall preserve in a readily <br />retrievable fashion, during the pendency of this Agreed Order and for ten (10) <br />years from the date of completion of the work performed pursuant to this Agreed <br />Order, all records, reports, documents and underlying data in its possession <br />relevant to this Agreed Order. Should any portion of the work performed <br />hereunder be undertaken through contractors or agents of the PLP Group, then <br />the PLP Group agrees to include in their contract with such contractors or <br />agents a record retention requirement meeting the terms of this Paragraph. <br />42. Disnute Resolution. The PLY Group may request Ecology to resolve <br />disputes which may arise during the implementation of this Agreed Order. Such <br />request shall be in writing and directed to the signatory, or his/her <br />successors, to this Agreed Order. Ecology resolution of the dispute shall be <br />binding and final. The PLP Group is not relieved of any requirement of this <br />Agreed Order during the pendency of the dispute and remains responsible for <br />timely compliance with the terms of the Agreed Order unless otherwise provided <br />AGREED ORDER PAGE 6 OF 14 <br />