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GENERAL39820
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GENERAL39820
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Entry Properties
Last modified
8/24/2016 7:59:10 PM
Creation date
11/23/2007 10:22:36 AM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
C1982056
IBM Index Class Name
General Documents
Doc Name
SETTLEMENT AGGREEMENT
Permit Index Doc Type
STIPULATIONS
Media Type
D
Archive
No
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Agreement, OSM shall enter the permit specific relationships on Exhibit <br />A into the AVS. Pittston agrees that in any future proceeding with OSM <br />it will not contest that the contractors at the sites listed on Exhibit A fall <br />within the presumption defined at 30 C.F.R. § 773.5. Further, Pittston <br />agrees to waive its right to attempt to rebut the presumption defined at <br />30 C.F.R. § 773.5 as to those entities at the sites listed on Exhibit A. As <br />to all violations listed on Exhibits B- G, Pittston hereby specifically waives <br />its right to contest its link to those violations. Pittston specifically <br />reserves the right in regard to violations discovered in the future at the <br />sites listed on Exhibit A to contest its responsibility for such violations but <br />shall nvt attempt to rebut its ownership and control of the contractor at <br />the site. Pittston's right to contest responsibility for violations shall <br />include the right to contest ownership or control of the site at the time,of <br />the violation. OSM does not admit the relevancy of this defense in all <br />cases. <br />4. It is the intent of the parties to include in this Agreement all <br />contractors and their applicable violations which are currently identified <br />on Exhibits A - G. Additionally, violations on sites listed on Exhibit A <br />which are discovered in the future, or violations which occur in the future <br />- Page Number ~4 - <br />cnn fill Tvwar_~.nrcrrr, n..r..-., ., .....n .+.,,,, ,. ,, .,,-,,, ,, <br />
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