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13. Refuse, Waste and Hazardous Substances:
<br /> (a) Refuse. Grantee shall not make, or suffer to be made, any filling in of the
<br /> easement area or any deposit or rock, earth, ballast, refuse, garbage, waste matter
<br /> (including chemical, biological, or toxic wastes), hydrocarbons, any other
<br /> pollutants, or other matter within or upon the easement area, except as approved
<br /> in writing by the Grantor. If Grantee shall fail to remove all non-approved fill
<br /> material, refuse, garbage, wastes, or other of the above materials form the
<br /> easement area and restore the easement area to its condition immediately prior to
<br /> the deposition of the unauthorized material, Grantee agrees that the City may
<br /> remove such materials and charge Grantee for the cost of removal and disposal
<br /> together with interest thereon from the date of expenditure at the rate of one
<br /> percent per month (or at such higher rate as may be authorized by statute
<br /> subsequent to the execution date of this Agreement).
<br /> (b) Waste. At all times during the Term, Grantee shall neither commit nor suffer
<br /> waste to be committed to the easement area.
<br /> (c) Hazardous, Toxic or Harmful Substances.
<br /> 1. The property is located within the former Everett Landfill area. The Everett
<br /> Landfill area is subject to a Consent Decree and Amendment No.1 to the
<br /> Consent Decree, filed with and approved by the Superior Court of the State of
<br /> Washington in and for Snohomish County, Cause No. 01-2-03640-6. Grantee
<br /> shall comply with Consent Decree requirements with respect to its use of the
<br /> Easement Area. This compliance is at Grantee's sole cost. For example,
<br /> Grantee shall be responsible at its sole cost for the proper disposal of any
<br /> encountered landfill waste consistent with the Consent Decree and all other
<br /> applicable regulations. Grantee shall not keep, use, dispose, transport,
<br /> generate, and/or sell on or about the easement area any substances now or
<br /> hereinafter designated as, and/or containing components now or hereinafter
<br /> designated as, and/or which are subject to regulation as, hazardous, toxic,
<br /> dangerous, or harmful by any federal, state, of local law, regulation, statute, or
<br /> ordinance, including but not limited to the Resource Conservation and
<br /> Recovery Act, Comprehensive Environmental Response Compensation and
<br /> Liability Act, Superfund Amendments and Re-authorization Act of 1986, and
<br /> the Washington Model Toxic Control Act (hereinafter collectively referred to
<br /> as "Hazardous Substances"), in violation of any such law, regulation, statute,
<br /> or ordinance.
<br /> 2. Grantee shall promptly notify Grantor of all spills or releases of any Hazardous
<br /> Substances which are otherwise required to be reported to any federal, state, or
<br /> local regulator agency and, upon notice thereof, shall promptly notify Grantor
<br /> of all failures to comply with any federal, state, or local law, regulation, or
<br /> ordinance, as now enacted, or as subsequently enacted or amended, all
<br /> inspections of the easement area by any regulatory entity concerning the same,
<br /> all regulatory orders or fines, and all response or interim cleanup actions taken
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