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COM 0503.003 2004-2006
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COM 0503.003 2004-2006
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Last modified
5/13/2008 5:38:58 PM
Creation date
5/8/2008 11:41:19 PM
Metadata
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Communications
Communications - Type
COM
Communications - Council Term
2004-2006
Communication
0503
Point
003
Author
Harry Kim, Mayor
Communications - Referred To
COUNCIL
Comments
Council: Close file - 12/07/05 Referred: Council - 11/23/05
Document Relationships
AGE COUNCIL 12/07/2005 2004-2006
(Related)
Path:
\Council Records\Agendas\2004-2006\Council
COM 0503.000 2004-2006
(Related)
Path:
\Council Records\Communications\2004-2006
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<br /> C. Dispute Resolution <br /> 33. The dispute resolution procedures of this Section shall be the exclusive <br /> mechanism to resolve disputes arising under or with respect to this CA/FO. <br /> 34. If Respondent disagrees, in whole or in part, with any decision by EPA under this <br /> CA/FO, Respondent's Project Coordinator or equivalent shall orally notify EPA's <br /> LCC Coordinator of the dispute ("Project Coordinators"). The Project <br /> Coordinators shall use their best efforts to informally and in good faith resolve all <br /> disputes or difference of opinion relating to this CA/FO. The period for informal <br /> negotiations shall not exceed ten (10) business days from the time the dispute <br /> arises, unless i1 is modified by written agreement of the parties. <br /> 35. In the event that the Project Coordinators cannot resolve a dispute by informal <br /> negotiations under the preceding pazagraph, Respondent may pursue the matter by <br /> submitting its objection to EPA in writing. Respondent must send its written <br /> objections to EPA within seven (7) business days of Respondent's receipt of the <br /> EPA's decision referred to in the previous paragraph. Respondent's written <br /> objections must set forth the specific points of the dispute, the basis for <br /> Respondent's position and any matters which it considers necessary for EPA's <br /> determination. If Respondent does not invoke formal dispute resolution within <br /> seven (7) business days, EPA's decision shall be binding on Respondent. <br /> 36. EPA and Respondent shall have ten (10) business days from receipt of <br /> Respondent's written objections to attempt to resolve the dispute through formal <br /> discussions. During such time, if Respondent so requests, the Associate Director, <br /> Water Division, will meet with Respondent in person to discuss the dispute either <br /> by telephone or at EPA's offices in San Francisco unless another location is <br /> mutually agreed upon. <br /> 37. Within twenty 12U) business days of EPA's receipt of Respondent's written <br /> objections, EPA, through its Associate Director, Water Division, will provide to <br /> Respondent in writing EPA's decision on the pending dispute. <br /> 38. If the Respondent disagrees with the written decision, the Respondent may, within <br /> ten (10) business days of receipt of the written decision, appeal to the Director, <br /> Water Division. Respondent's appeal must set forth the specific points of the <br /> dispute, the basis for Respondent's position and any matters which it considers <br /> necessary for EPA's determination. Within thirty (30) business days of receipt of <br /> the appeal, the Director, Water Division will issue a written decision which shall <br /> be the final decision and which EPA and Respondent agree to be bound by and to <br /> follow. <br /> 39. The Parties may, by mutual written agreement, extend any of the time periods <br /> provided for in the dispute resolution process. <br /> 6 <br /> <br />
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