COM 0503.003 2004-2006 - Laserfiche WebLink

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27. If any event occurs which causes or may cause delays in either: 1) submission of milestone reports or 2) reaching the deadline for closwe of the large capacity cesspool[s], as set forth in Part IILA. of this CA/FO, Respondent shall, within 48 hows of the delay or within 48 hours of Respondent's knowledge of the anticipated delay, whichever is earlier, notify by telephone the EPA Region 9 LCC Project Coordinator or, in her/his absence, the Manager of the EPA Region 9 Ground Water Office. Within fifteen (15) days thereafter, Respondent shall provide in writing the reasons for the delay, the anticipated dwation of the delay, the measwes t<ilcen or to be taken to prevent or minimize the delay, a timetable by which those measures will be implemented. Respondent shall exercise its best efforts to avoid or minimize any delay and any effects of a delay. Failwe to comply with the notice requirement of this paragraph shall preclude Respondent from asserting any claim of force majewe. 28. If EPA agrees that the delay or anticipated delay in compliance with this CA/FO has been or will be caused by circumstances entirely beyond the control of Respondent, the time for performance maybe extended for a period of no longer than the delay resulting from the circwnstances causing the delay. In such event, EPA shall grant, in writing signed by the Manager of the EPA Region 9 Ground Water Office, to the extension of time. An extension of the time for performing an obligation granted by EPA pursuant to this pazagraph shall not, of itself, extend the time for performing a subsequent obligation. 29. In the event that EPA does not agree that a delay in achieving compliance with the requirements of this CA/FO has been or will be caused by circumstances beyond the control of the Respondent, EPA will notify Respondent in writing of its decision and any delays will not be excused. 30. Respondent shall have the burden of demonstrating, by a preponderance of the evidence, that the actual or anticipated delay has been or will be caused by a force majewe event, that the duration of the delay was or will be warranted under the circumstances, that Respondent did exercise or is using its best efforts to avoid and mitigate the effects of the delay, and that Respondent complied with the requirements of this section. 31. All milestone reports and any requests for extension of time required to be submitted pursuant to this CAfFO shall be sent to the following address: I.CC Project Coordinator Ground Water Office, WTR-9 linvironmental Protection Agency 75 Hawthorne Street San Francisco, CA 94105 32. Respondent's closure of the large capacity cesspools listed in Schedule I and submission of the Engineer's Report, by the dates set forth in Schedule 1, shall constitute full and complete satisfaction of this CA/FO. 5