CORRECTIVE MEASURES STUDY (CMS) Clause Samples
The Corrective Measures Study (CMS) clause outlines the process for evaluating and selecting appropriate actions to address environmental contamination or regulatory non-compliance at a site. Typically, this clause requires the responsible party to investigate potential remedies, assess their effectiveness, and recommend a preferred corrective action, often in consultation with regulatory agencies. By establishing a structured approach to remedy selection, the CMS clause ensures that environmental issues are addressed systematically and in compliance with legal requirements, thereby facilitating site cleanup and regulatory closure.
CORRECTIVE MEASURES STUDY (CMS). Respondent shall prepare a Corrective Measures Study if contaminant concentrations exceed current health-based action levels and/or if DTSC determines that the contaminant releases pose a potential threat to human health and/or the environment.
CORRECTIVE MEASURES STUDY (CMS). 7.1 Respondent shall prepare a CMS if contaminant concentrations exceed current health-based action levels and/or if DTSC determines that the contaminant releases pose a potential threat to human health and/or the environment.
7.2 Within 45 days of DTSC's approval of the RFI Report (or Respondent's receipt of a written request from DTSC), Respondent shall submit a CMS Workplan to DTSC. The CMS Workplan is subject to approval by DTSC and shall be developed in a manner consistent with the Scope of Work for a Corrective Measures Study contained in Attachment 5.
7.3 The CMS Workplan shall detail the methodology for developing and evaluating potential corrective measures to remedy any contamination at the Site. The CMS Workplan shall identify the potential corrective measures, including any innovative technologies, that may be used for the containment, treatment, remediation, and/or disposal of contamination.
7.4 Respondent shall prepare treatability studies for all potential corrective measures that involve treatment except where Respondent can demonstrate to DTSC's satisfaction that they are not needed. The CMS Workplan shall include, at a minimum, a summary of the proposed treatability study including a conceptual design, a schedule for submitting a treatability study Workplan, or Respondent's justification for not proposing a treatability study.
CORRECTIVE MEASURES STUDY (CMS). A CMS is used to determine the appropriate corrective measure. EPA selects the remedy, and the facility owner/operator implements the remedy with EPA and/or state oversight. EPA or the state may administer the remedy under various administrative mechanisms including permits, enforcement orders, or other agreements.
CORRECTIVE MEASURES STUDY (CMS). Respondent shall prepare a Corrective Measures Study for contaminant concentrations that remain in soil and groundwater at the Facility after completion of IM and that exceed human health-based or ecologically-based action levels established by the DTSC-approved Risk Assessment.
CORRECTIVE MEASURES STUDY (CMS). If it becomes necessary to perform subsequent phase(s) of work, DTSC and Respondent will negotiate another consent agreement or amend this Consent Agreement to address the additional work. If another consent agreement or an amendment is not reached within 60 days, DTSC reserves its right to issue an order or take any other action provided for by law. DTSC's costs incurred in negotiating the subsequent consent agreement or the amendment are considered costs incurred pursuant to this Consent Agreement and are payable under this Consent Agreement.