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2000_Resolutions
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2000_Resolutions
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similar overall potential impacts resulting from the waste management operations permitted <br />• under this Agreement. The results of such assessment shall be provided to Plaintiffs and to the <br />Settlement Committee. If RSWA determines as a result of the assessment that no greater overall <br />potential for surface water pollution, ground water pollution, air pollution, noise, visual, or odor <br />impacts will be created by the new waste management technology/method, it may propose the <br />utilization of such waste management technology/method and shall notify Plaintiffs and the <br />Settlement Committee of this proposal within thirty (30) days of this proposal. If Plaintiffs <br />oppose the implementation of the proposed new waste management technology/method, RSWA <br />and Plaintiffs shall engage in good faith discussions to attempt to resolve Plaintiffs' concerns. If <br />the Parties cannot reach resolution, RSWA or Plaintiffs may resort to the general dispute <br />resolution procedures through the Court set forth in this Agreement and the Court shall <br />determine whether such waste management technology/method would create no greater potential <br />overall surface water pollution, ground water pollution, air pollution, noise, visual, or odor <br />0 <br />impacts on Plaintiffs than similar potential impacts resulting from the waste management <br />operations permitted under this Agreement; provided, however, that neither party shall be <br />required to pay the other party's attorneys fees or expenses as a result of the outcome of such <br />dispute resolution by the Court. The Parties acknowledge that the RSWA retains all rights to <br />conduct all other activities at the Ivy landfill that are not prohibited by this Agreement and that <br />are otherwise authorized by law. <br />B. Monitoring and Remedial Measures. <br />1. Groundwater Monitoring. <br />The RSWA will continue to monitor its current groundwater monitoring <br />compliance network approved by DEQ (MW -2, MW -3, MW -5, MW -6, MW -8, MW -11, MW - <br />12 <br />
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