Common use of Release Reporting Clause in Contracts

Release Reporting. Upon the occurrence of any event during performance of the RD Work that Respondents are required to report pursuant to Section 103 of CERCLA, 42 U.S.C. § 9603, or Section 304 of the Emergency Planning and Community Right-to-know Act (EPCRA), 42 U.S.C. § 11004, Respondents shall immediately notify the National Response Center (phone ▇-▇▇▇-▇▇▇-▇▇▇▇) and authorized EPA officer orally. The “authorized EPA officer” for purposes of immediate oral notifications and consultations under ¶ 3.13(a) and ¶ 3.13(b) is the EPA Project Coordinator, the EPA Alternate Project Coordinator (if the EPA Project Coordinator is unavailable), or the EPA Emergency Response Unit, Region 10 (if neither EPA Project Coordinator is available). For any event covered by ¶ 3.13(a) and ¶ 3.13(b), Respondents shall: (1) within 14 days after the onset of such ▇▇▇▇▇, ▇▇▇▇▇▇ a report to EPA describing the actions or events that occurred and the measures taken, and to be taken, in response thereto; and (2) within 30 days after the conclusion of such ▇▇▇▇▇, ▇▇▇▇▇▇ a report to EPA describing all actions taken in response to such event. The reporting requirements under ¶ 3.13 are in addition to the reporting required by CERCLA § 103 or EPCRA § 304. Respondents may ship hazardous substances, pollutants, and contaminants from the Site to an off-Site facility only if they comply with Section 121(d)(3) of CERCLA, 42 U.S.C. § 9621(d)(3), and 40 C.F.R. § 300.440. Respondents will be deemed to be in compliance with CERCLA § 121(d)(3) and 40 C.F.R. § 300.440 regarding a shipment if Respondents obtain a prior determination from EPA that the proposed receiving facility for such shipment is acceptable under the criteria of 40 C.F.R. § 300.440(b). Respondents may ship Waste Material from the Site to an out-of-state waste management facility only if, prior to any shipment, they provide notice to the appropriate state environmental official in the receiving facility’s state and to the EPA Project Coordinator. This notice requirement will not apply to any off-Site shipments when the total quantity of all such shipments does not exceed 10 cubic yards. The notice must include the following information, if available: (1) the name and location of the receiving facility; (2) the type and quantity of Waste Material to be shipped; (3) the schedule for the shipment; and (4) the method of transportation. Respondents also shall notify the state environmental official referenced above and the EPA Project Coordinator of any major changes in the shipment plan, such as a decision to ship the Waste Material to a different out-of- state facility. Respondents shall provide the notice as soon as practicable after the award of the contract and before the Waste Material is shipped. Respondents may ship Investigation Derived Waste (IDW) from the Site to an off-Site facility only if they comply with Section 121(d)(3) of CERCLA, 42 U.S.C. § 9621(d)(3), 40 C.F.R. § 300.440, EPA’s Guide to Management of Investigation Derived Waste, OSWER 9345.3-03FS (Jan. 1992), and any IDW- specific requirements contained in the ROD. Wastes shipped off-Site to a laboratory for characterization, and RCRA hazardous wastes that meet the requirements for an exemption from RCRA under 40 CFR § 261.4(e) shipped off- site for treatability studies, are not subject to 40 C.F.R. § 300.440.