Selection of Contractors, Personnel. Work to be performed under this Settlement Agreement shall be under the direction and supervision of qualified personnel of P4 or its consultants with experience in CERCLA investigations and response actions. P4 shall notify the RPM of its qualifications or the name and qualifications of any contractors or subcontractors retained to perform the Work under this Settlement Agreement at least fifteen (15) days prior to commencement of such Work. EPA retains the right to disapprove of any of the contractors and/or subcontractors retained by P4, or of P4’s choice of itself to do the Work. The RPM shall provide a single notification from all Agencies regarding approval or disapproval of contractors or subcontractors selected by P4. If the RPM issues a notification of disapproval of a selected contractor or P4’s choice of itself, P4 shall retain a different contractor or notify the RPM that P4 will perform the Work in place of the disapproved contractor, within thirty (30) days following the RPM’s notification of disapproval. P4 shall notify the RPM of that contractor’s name and the qualifications of the contractor or P4 within that same time. If EPA subsequently disapproves of the replacement, EPA reserves the right to terminate this Settlement Agreement, conduct a complete RI/FS, and seek reimbursement for costs and penalties from P4. During the course of the RI/FS, P4 shall notify the RPM in writing of any changes or additions in the contractors, subcontractors, or personnel used to carry out such Work, providing their names, titles, and qualifications. EPA shall have the same right to disapprove changes and additions to contractors, subcontractors, and personnel as it had regarding the initial notification.
Selection of Contractors, Personnel. All Work performed under this Settlement Agreement shall be under the direction and supervision of qualified personnel. Within 30 days after the Effective Date, and before the Work outlined below begins, Respondents shall notify EPA and NHDES in writing of the names, titles, and qualifications of the personnel, including contractors, subcontractors, consultants, and laboratories to be used in carrying out such Work. With respect to any proposed contractor, Respondents shall demonstrate that the proposed contractor has a quality system that complies with ANSI/ASQC E4-1994, “Specifications and Guidelines for Quality Systems for Environmental Data Collection and Environmental Technology Programs,” (American National Standard, January 5, 1995, or most recent version), by submitting a copy of the proposed contractor’s Quality Management Plan (“QMP”). The QMP should be prepared in accordance with “EPA Requirements for Quality Management Plans (QA/R-2),” (EPA/240/B-01/002, March 2001; Reissued May 2006) or equivalent documentation as determined by EPA. The qualifications of the persons undertaking the Work for Respondents shall be subject to EPA’s review, for verification that such persons meet minimum technical background and experience requirements. This Settlement Agreement is contingent on Respondents’ demonstration to EPA’s satisfaction that Respondents are qualified to perform properly and promptly the actions set forth in this Settlement Agreement. If EPA disapproves in writing of any person’s technical qualifications, Respondents shall notify EPA and NHDES of the identity and qualifications of the replacements within 30 days after the written notice. If EPA subsequently disapproves of the replacement, EPA reserves the right to terminate this Settlement Agreement and to conduct a complete SRI/FS, and to seek reimbursement for costs and penalties from Respondents. During the course of the SRI/FS, Respondents shall notify EPA and NHDES in writing of any changes or additions in the personnel used to carry out such Work, providing their names, titles, and qualifications. EPA shall have the same right to disapprove changes and additions to personnel as it has hereunder regarding the initial notification.
