1992-05-19_GENERAL DOCUMENTS - M1988112

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SENT BY:PMHS ; 5-19-92 ; 14:23 ; 3032953040-+C0 MINED LAND REC-L ;# 3 ATTACHMENT 1 6. The Parties hereto acknowledge that the Environmental Protection Agency ("EPA") has indicated it may initiate an enforcement action at the Site under the federal Clean Water Act which may substantively affect SCMCl/GRI's ability to meet the obligations contained in, or comply with the provisions of, this Amended Agreement and Compliance Plan. In such instance, the following procedures shall apply: A. If SCMCl/GRI is required to take actions which are inconsistent with the terms of the Amended Agreement and Compliance Plan or which conflict with the obligations set forth herein, regardless of whether such obligations or conflicts arise through an administrative order, injunction, judgment, negotiated settlement or otherwise, SCMCl/GRI shall provide written notice to WQCD and MLRD identifying the specific provisions and obligations under the Amended Agreement and Compliance Plan that SCMCl/GRI believes are affected by the EPA enforcement action. In the notice, SCMCl/GRI shall identify the affected provisions or obligations which should be considered void and of no effect and SCMCl/GRI may propose specific modifications to the affected provisions or obligations. B. MLRD and WQCD shall review the information provided by SCMCl/GRI and shall respond in writing within _ days of receipt of the notice indicating whether MLRD and WQCD concur in whole or in part with the determination and recommendations in SCMCl/GRI's notice. If the Parties agree, the affected provisions and obligations of the Amended Agreement shall be void and of no effect unless and until the Parties reach an agreement to modify the affected terms or obligations of the Amended Agreement and Compliancc Plan.