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a. <br />Ecology shall determine whether Ecology or the PLP Group shall be responsible <br />to contact the appropriate state and/or local agencies. If Ecology so <br />requires, the PLP Group shall promptly consult with the appropriate state <br />and/or local agencies and provide Ecology wit.`, written documentation from those <br />agencies of the substantive requirements those agencies belie" are applicable <br />to the remedial action. Ecology shall make the final determination an <br />substantive requirements that must oe r-.et by the PLP Group and on how the PLP <br />Group must suet those requirements. Ecology shall inform the PLP Group in <br />writing of these requirements. Once established by Ecology, the additional <br />requirements shall be enforceable requirements of this Agreed order. The PLP <br />Group shall not begin or continue the remedial action potentially subject to <br />the additional requirements until Ecolog.1 makes its final determination. <br />Ecology shall make awry effort to reach its final determination within twenty- <br />one (21) days. <br />d. Ecology shall ensure that notice and opportunity for consent <br />is provided to the public and appropriate agencies prior to establishing the <br />substantive requirements under this Section. <br />e. Pursuant to RCW 70.105D.090(2), in the went Ecology <br />determines that the exemption from complying with the procedural requirements <br />of the laws referenced in RCW 70.105D.090(1) would result in the loss of <br />approval from a federal agency which is necessary for the State to administer <br />any federal law, the exemption shall not apply, and the PLP Group shall comply <br />with both the procedural and substantive requirements of the laws referenced in <br />RCW 70.105D.090(1), including any requirements to obtain permits. <br />VIIi. <br />SATISFACTION OF THIC A-RRRn ORDER <br />46. The provisions of this Agreed Order shall be deemed satisfied upon <br />the PLP Group's receipt of written notification from Ecology that the PLP Group <br />has completed the remedial activity, required by this Agreed Order, as amended <br />by any modifications, and that all other provisions of this Agreed Order have <br />bzen complied with. Ecology will mike every reasonable effort to respond <br />within ten (10) working days of receipt of requests under this Paragraph from <br />the PLP Group. Such requests shall be both verbal by telephone and in writing <br />to the Ecology Site Coordinator. <br />IX. <br />MFORCEMENT <br />47. Pursuant to RCW 70.105O.050, this Agreed Order may be <br />enforced as follows: <br />a. The Attorney General may bring an action to enforce this <br />Agreed Order in a state or federal court. <br />b. The Attorney General may seek, by filing an action, if <br />necessary, to recover amounts spent by Ecology for investigative and remedial <br />actions and orders related to the Site. <br />C. In the event the PLP croup refuses, without sufficient cause, <br />to comply with any term of this Agreed Order, the PLP Group will be liable for: <br />i. up to three times the amount of any costs incurred by <br />the state of Washington as a resuit of its refusal to <br />comply; and <br />ii. civil penalties of up to $25,000 per day for each day <br />it refuses to comply. <br />d. This Agreed Order is not appealable to the Washington <br />AGREED ORDER PAGE 8 OF 14 <br />