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2000_Resolutions
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Malcolm Pirnie, Inc. as described in its report to RSWA dated August 18, 1997. If all of the <br />• compounds listed on Exhibit 6 are less than detection levels in two consecutive monitoring <br />events, RSWA may discontinue the monitoring. If the compounds listed on Exhibit 6 are <br />detected, but at levels below the applicable risk screening levels developed by EPA Region III, <br />RSWA may discontinue the monitoring; however, the Plaintiffs reserve the right to object to the <br />discontinuation of the ambient air quality monitoring. If either RSWA or the Plaintiffs dispute <br />whether the ambient air monitoring should continue, then such dispute may be brought to the <br />Magistrate under the general dispute resolution procedures established in this Agreement. <br />7. End Use Plan. <br />The Plaintiffs and the Defendants agree to engage in further good faith discussions with <br />respect to the End Use Plan which is to be developed for the Ivy landfill property. The Plaintiffs <br />understand that the Board of Supervisors alone has the ultimate authority to approve the End Use <br />• Plan. <br />I• <br />C. Other Property Acquisition and Monetary Payments. <br />1. CERCLA Response Costs. <br />The RSWA agrees to reimburse the CERCLA "response costs" submitted by the <br />Plaintiffs, except for response costs related to the Batton Property that are recoverable under <br />CERCLA, as consistent with the National Contingency Plan ('NCP"). These "response costs" <br />are not to exceed $15,000. The reimbursement of the "response costs" requested by all Plaintiffs <br />is subject to a review by the RSWA to determine their consistency with the NCP. Any dispute <br />with respect to NCP consistency shall be resolved ultimately by United States Magistrate Judge <br />B. Waugh Crigler of the United States District Court for the Western District of Virginia, or any <br />other Magistrate Judge or District Judge of said United States District Court assigned should <br />26 <br />
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