Laserfiche WebLink
2.13.1. Cleanup standards set forth in the MTCA regulations applicable to <br /> industrial uses or more cost-effective technology or risk based cleanup standards <br /> or remediation levels for industrial uses on the Property; <br /> 2.13.2. Remedial actions sufficient for: (i) Ecology to issue an NFA letter for the <br /> Property if the remedial action is performed as an independent remedial action <br /> under the VCP; or(ii) Ecology to issue a covenant not to sue or similar <br /> commitment, if the either party or both parties enters into an Agreed Order or <br /> Consent Decree; <br /> 2.13.3. Remedial actions consistent with implementation of the shoreline access <br /> trail improvements in the City of Everett Shoreline Access Plan (as shown on <br /> Figure 2); and <br /> 2.13.4. Remedial actions on the K-C Property and City Property will not result in <br /> one property being an ongoing source of contamination to, or causing restrictions <br /> on the use of, the other property. <br /> 2.14. If additional Work is thereafter required, the RET will meet with its consultants <br /> and advisors to develop a feasibility study ("FS") and cleanup action plan ("CAP"), <br /> as follows: <br /> 2.14.1. Feasibility Study—The FS will identify proposed cleanup standards and <br /> remediation levels and one or more of cleanup action alternatives that achieves <br /> the Performance Standards in this MOUor, at the request of one of the parties, <br /> one or more alternatives incorporating remedial actions to accommodate other <br /> land uses on the Property at the expense of the requesting party ("Alternate <br /> Performance Standards"). <br /> 2.14.2. Draft CAP -- Upon completion of the FS or in conjunction or combined <br /> with the FS, the RET (through its consultants, advisors, and contractors)will <br /> develop a draft CAP that meets the MTCA requirements and the Performance <br /> Standards in this MOU and, at the request of either party, another draft CAP that <br /> meets the Alternate Performance Standards. <br /> 2.14.3. Ecology Consultation --The RET will consult with Ecology and other <br /> parties as appropriate to assist in the preparation of a final CAP and in gaining <br /> Ecology concurrence. <br /> 2.14.4. Preliminary Final CAP -- Not later than September 30, 2007 (unless such <br /> date is extended by the RET), the RET (through its consultants, advisors and <br /> contractors)will develop a preliminary final CAP with a±10% cost estimate for <br /> remedial activities (including operations and maintenance, institutional controls <br /> and monitoring) necessary to meet the Performance Standards in this MOU and, <br /> at the request of either party, a preliminary final CAP for remedial activities <br /> necessary to meet Alternate Performance Standards. <br /> 2.14.5. Final CAP—The final CAP will meet the Performance Standards in this <br /> MOU; provided, however, either party may request that the RET implement a <br /> CAP to meet the Alternate Performance Standards that may cost more than the <br /> CAP necessary to meet the Performance Standards in this MOU. Any additional <br /> Page 6 <br />