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AGREEMENTS • In consideration of the above recitals and other good and valuable consideration, IT IS AGREED BY THE PARTIES THAT: A. Restrictions on Continuing Waste Disposal Operations At Ivy Landfill. 1. Defendant RSWA will continue to dispose of Construction, Demolition and Debris ("CDD") waste in the area identified as Cell 2 at the Ivy landfill in accordance with the terms and conditions of the Virginia Solid Waste Management Regulations ("VSWMR") and to a vertical elevation of 730 feet above mean sea level ("amsl") in accordance with any final, non -appealed orders of the DEQ and in accordance with the provisions of this Agreement with respect to the mitigation plan referenced herein. Disposal of CDD waste shall not continue in Cell 2 beyond December 31, 2001. It is understood by the Parties that in order to achieve a settled elevation of 730 feet ams], it may be necessary for, certain locations in Cell 2 to have a • final cap elevation greater than 730 amsl, but the elevation shall not exceed 735 feet amsl. • 2. In accordance with the terms of this Agreement, Defendant RS WA agrees to modify its landfill permit amendment application for a new CDD waste disposal cell at the Ivy landfill currently pending before the DEQ, known as Cell 4, by submitting to DEQ an application to locate a new CDD waste disposal Cell 5 to the east of and in lieu of the proposed Cell 4. Cell 5 shall be designed and, subject to DEQ approval, constructed in accordance with the plan for Cell 5 and in accordance with the Mitigation Plan described herein. Exhibit 1 is a copy of the plan for Cell 5 consisting of a cover sheet and five (5) drawings, dated August, 2000 (August 29, 2000 revision) prepared by Malcolm Pirnie, Inc., which is attached hereto and incorporated herein. Any portion of an active disposal phase shown on Exhibit 1, (i.e. Phase A, B, and C), that does not receive CDD waste for longer than ninety (90 days) shall receive interim 5