ALTAMONT LANDOWNERS SETTLEMENT - Laserfiche WebLink

I ! I I I I I I I I I I I I I I I I I Enforcement Agency or its designee (the "LEA") of such suspected substantial noncompliance and, immediately after notifying WMAC and the LEA, the Community Monitor may notify any appropriate regulatory agency with jurisdiction over the suspected substantial noncompliance; 5.7.7. conducting inspections and monitoring and accessing the ALRRF site as authorized by subsection 5.8, below; and 5.7.8. conducting truck counts as authorized by subsection 5.9, below. 5.7.9. reviewing all testing data and source information submitted to WMAC, as provided in Condition No. 2.1 of Exhibit "A" attached hereto with regard to acceptance of soil at ALRRF, and Condition No. 2.2 of Exhibit "A" attached hereto with regard to any proposed acceptance at the ALRRF for any use or disposal of material that (a) requires a variance from the then existing permit conditions at ALRRF in order to be accepted there ("variance waste"), or (b) is a hazardous waste that has been declassified or is proposed to be declassified for purposes of acceptance at ALRRF ("declassified waste"). The Community Monitor may review the propriety of such receipt of material under all applicable laws and regulations and may notify or consult with any appropriate regulatory agency regarding such action. 5.8. Periodic Inspections. The Community Monitor may inspect the ALRRF up to twelve (12) times per calendar year. Such inspections shall occur upon simultaneous telephonic or personal notice to WMAC. WMAC shall provide the Community Monitor the appropriate contact(s) and telephone number(s) for notice pursuant to this subsection. WMAC shall have the right to have a representative accompany the Community Monitor on any such inspection. If the Community Monitor is a firm or organization, the Community Monitor shall provide to WMAC in advance of any inspections the identity of the specific person(s) who will carry out its inspections under this subsection. 5.8.1. In addition to conducting same day inspections as provided above, the Community Monitor may accompany any authorized government or regulatory inspectors on their visits to and inspections of the facility, provided that the government or regulatory inspector consents to such participation by the Community Monitor, the government or regulatory inspector retains control of the inspection, and the Community Monitor does not interfere with the work of the government or regulatory inspector. The LEA shall provide reasonable notice to the Community Monitor of its regular and other inspections of ALRRF and allow the Community Monitor to accompany its inspector(s) on any such inspections. In the case of impromptu inspections, telephonic notice to the Community Monitor, including the leaving of a telephone message, shall constitute reasonable notice. 5.8.2. The Community Monitor may notice up to six (6) additional same day inspections per calendar year if, in the conduct of the Community Monitor's duties, the Community Monitor reasonably determines that the ALRRF is in substantial noncompliance with any environmental law or regulation, the substantial noncompliance is reported to the applicable regulatory agency, and the regulatory agency determines that there is a substantial noncompliance problem. Such additional inspections may qualify for additional compensation to the Community Monitor within the twenty percent (20%) limit set forth in subsection 5.3.3, above. 11 Final Altamont Settlement Agreement