Common use of EASTERN AREA Clause in Contracts

EASTERN AREA. The Parties are proposing a modified cleanup program for the Eastern Area that includes the following elements: 1. Expansion of the Prohibition Zone to Include the Evergreen Plume. To the Parties' knowledge, the Prohibition Zone has been a reliable means of preventing unacceptable drinking water exposures to the Unit E contamination. Under the proposed modifications the Prohibition Zone would be expanded to encompass all of the groundwater contamination in the Eastern Area, including the plume in the Evergreen Subdivision area. The proposed new boundary of the Prohibition Zone is shown on Figure A. The Court's May 17, 2005 Order Prohibiting Groundwater Use's requirement that PLS properly plug and replace any private drinking water ▇▇▇▇▇ by connecting those properties to municipal water would apply to the expanded Prohibition Zone. PLS will properly plug non-drinking water ▇▇▇▇▇ in the expanded area unless PLS asks the Court to clarify whether its previous orders require PLS to plug such ▇▇▇▇▇. PLS has identified six properties being serviced by private water ▇▇▇▇▇ in the expanded area that must be connected to municipal water. PLS’ Well Identification Plan will also be supplemented to include examination of this area to determine if there are other private water ▇▇▇▇▇ needing connection and/or plugging. The DNRE has reviewed PLS’ proposed Well Identification protocol for confirming the presence or absence of other private water supply ▇▇▇▇▇ and has provided its response to PLS. The Parties will ask the Court to resolve any disputes regarding acceptability of the Well Identification Protocol prior to final approval of the agreed upon modifications. The triangle piece of property along Dexter/M-14 (Triangle Property) will not initially be included in the PZ expansion. (See Figure A). The decision as to whether to include the Triangle Property will be made based on the data obtained from new monitoring ▇▇▇▇▇ that PLS has agreed to install in the area (Specifically, the ▇▇▇▇▇▇ Road and Ironwood/▇▇▇▇▇ ▇▇▇▇▇, along with other nearby ▇▇▇▇▇). If the chemical and hydraulic data does not support PLS’ conceptual model regarding groundwater and contaminant flow in the area, the DNRE may request that the Triangle Property be included in the PZ. PLS would have the right to dispute that request. If the Triangle Property is later included in the PZ, any further expansion beyond the Triangle Property in this area would be subject to the same feasibility analysis requirement that is discussed in No. 3, below. PLS will monitor any water supply well(s) located or installed on that property on a schedule agreed to by the DNRE unless or until it is included in the PZ, at which time it shall be addressed as part of the well identification process.