RES 593 Draft 01 2024-2026 - Laserfiche WebLink

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F. Delays 50. "Farce majeure,"for purposes of this Consent Order, is defined as any event arising from causes beyond Respondent's control,the control of any entity controlled by Respondent,or the control of Respondent's contractors,which delays or prevents the performance of any obligation under this Consent Order,despite Respondent's reasonable best efforts to fulfill the obligation.The requirement that Respondent exercise"reasonable best efforts to fulfill the obligation"includes using reasonable best efforts to anticipate any potential force majeure event and reasonable best efforts to address the effects of any such event as it is occurring and/or after it has occurred,to prevent or minimize any resulting delay to the greatest extent possible.Examples of events that are not force majeure include,but are not limited to, increased costs or expenses of any work to be performed under this Consent Order,failure to diligently pursue funding source(s)for work to be performed under this Consent Order including federal and state funding sources,or normal inclement weather. 51. Respondent shall notify EPA in writing,within 10 business days,of any event that occurs that causes or is likely to cause delay in compliance with any deadline specified in this Consent Order. The notification should explain whether the delay was caused by force majeure,as defined in Paragraph 50, should describe the measures Respondent has taken and/or will take to prevent or minimize the delay, and should specify the timetable by which Respondent intends to implement these measures to ensure compliance with the applicable requirement or deadline. Respondent shall adopt all reasonable measures to avoid or minimize delay.Submittal of the notice to EPA required by this paragraph does not,by itself, extend any deadline or timeframe in this Consent Order. 52. If,upon receiving notice required under Paragraph 51,EPA agrees that the delay or anticipated delay in compliance with this Consent Order has been or will be caused by circumstances that constitute force majeure as defined in Paragraph 50,and upon request by Respondent,EPA may extend the applicable compliance deadline.Modification of any particular deadline shall not affect any other deadlines under this Consent Order unless expressly authorized in writing by EPA. 12