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2000_Resolutions
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events conducted in accordance with the schedule required under the VSWMR, and analyzed and <br />• validated in accordance with the EPA protocols described above (i.e., analysis at laboratories <br />agreed upon by the consultants with a Level IV QA/QC data qualification package), result in the <br />verified detection in groundwater (represented by verified contaminant detection, as defined <br />below) of any of the constituents listed in Exhibit 3 in the "sentinel" well located on the property <br />of the Batton Plaintiffs at concentrations above maximum contaminant levels ("MCLs") where <br />established by EPA or alternative concentration levels ("ACLs") as established in the Ivy landfill <br />DEQ permit number 125, then the purchase obligation will be triggered. For purposes of this <br />Agreement, a verified detection means that a sampling result for a contaminant that is deemed <br />"qualified" or "estimated" under approved EPA data validation protocols or is otherwise deemed <br />to be a questionable or an unreliable result will have a 'verification resampling" performed. If <br />the 'verification resampling," (performed with a Level IV QA/QC data package) determines that <br />• the questionable contaminant is present in concentrations in excess of the MCL or the ACL <br />established for that contaminant at the Batton "sentinel' well, the results of the verification <br />• <br />resampling shall be recorded as a single sampling event with a verified contaminant detection in <br />excess of the established MCL or ACL for the contaminant in question. This conditional <br />agreement to purchase the property of the Batton Plaintiffs shall "run with the land" and inure to <br />the benefit of the heirs, successors in interest, and assigns of the Batton Plaintiffs. The <br />monitoring of the Batton "sentinel' well under this paragraph shall continue for at least seventy- <br />five (75) years after the date this Agreement is executed by the Parties. Should the Director of <br />DEQ, pursuant to the VSWMR, extend the length of post -closure care groundwater monitoring <br />beyond seventy-five years established by this Agreement, the RSWA shall continue to monitor <br />the Batton "sentinel' well(s) until the DEQ determines that the corrective measures approved by <br />19 <br />
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