v>EPA
                United States
                Environmental Protection
                Agency
           Office of
           Solid Waste and
           Emergency Response
DIRECTIVE NUMBER:
9375.1-04-H
                 TITLE: STATE PARTICIPATION IN THE SUPERFUND PROGRAM,
                      - Volume 1, Appendix H: Sample Articles for
                      Superfund State Contracts
                                  October 20, 1986

                                  October 20, 1986

                                  OERR/HSCD/SRCB
APPROVAL DATE:

EFFECTIVE DATE:

ORIGINATING OFFICE:

O FINAL

D DRAFT

 STATUS:
                 REFERENCE (other documents):

                 9375.1-4 STATE PARTICIPATION IN THE SUPERFUND PROGRAM,
                      Volume 1
  OSWER      OSWER      OSWER
VE   DIRECTIVE    DIRECTIVE   Dl

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United Slates Environmental Protection Agency
^ • _ Washington. DC 20460
Ob PA OSWER Directive Initiation Reauest
1 . Directive Number
9375.1-04-H
2. Originator Information
Name of Contact Person Mail Code Office
Deborah Swichkow WH-548-E OERR/HSCD/SRCB
Telephone Number
(202) 382 2453
3. Title
STATE PARTICIPATION IN THE SUPERFUND PROGRAM, Volume 1, Appendix H: Sample
Articles for Superfund State Contracts
4. Summary of Directive (Include brief statement of purpose)
Assists Remedial Project Managers (RPS) and State Project Officers (SRO) in
developing articlces for Superfund State Contracts
s.Keywords Superfund, CERCLA, State participation, cooperative agreements, remedial
project manager. State project officer, Superfund state contract
6a. Does this Directive Supersede Previous Directives)? |_J Yes |XJ No What directive (number, title)
9375.1-04, Same title, 2/84
b. Does It Supplement Previous Directives)? Q Yes Q No What Directive (number, title)
9375.1-04 State Participation in the Superfund Program, Volume 1
7.. Draft Level
DA — Signed by AA/DAA LJ B — Signed by Office Director LJ C — For Review & Comment LJ In Development
This Request Meets OSWER Directives System Format
8. Signature of Lead OfficeJ3irectives Cd6rdinator
^^^"^ .^^ t f m
F. C'f-*i*~* —
. Name and Title of Approving Official'
Sam Morekas, Chief, State & Regional Coordination Branch
Vf/fr
Date
10/20/86
OS WER   OS WER   OS WER
  DIRECTIVE  DIRECTIVE  L

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          UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

                     WASHINGTON, D.C. 20460
                      OCT 20 (986
                              WW                      OFFICE OF
                                             SOLID WASTE AND EMERGENCY RESFONSb
MEMORANDUM

SUBJECT:  Addendum to the manual State Participation in the
          Superfund Program -- Appendix H,  "Sample Articles
          for Superfund State Coniradts"
FROM:     Sam Morekas, Chief
          State and Regional Coordination Branch
          Hazardous Site Control Division

TO:       Mailing List


     The attached revised Appendix H is intended to provide

assistance to Remedial Project Managers (RPMs) and State Project

Officers (SPOs) in developing articles for Superfund State

Contracts (SSCs).  Examples of articles that have been  included

in SSCs to date are contained in this appendix.

     The version of Appendix H which you currently have should be

discarded and be replaced with this attachment.


Attachment

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                                                 9375.1-4-h
                         APPENDIX H
                    SAMPLE ARTICLES FOR
                  SUPERFUND  STATE CONTRACTS
PURPOSE

    This appendix has been provided to assist Remedial
Project Managers (RPMs) and State Project Officers (SPOs)
in developing articles for Superfund State Contracts
(SSCs).

BACKGROUND
                                                   •4
    If EPA retains lead management responsibility for a
response action, an SSC is used when the activity requires
the State to provide cost sharing and/or other CERCLA..sec-
tion 104(c)(3) assurances.  The SSC is a legally binding
agreement between EPA and the State that documents both
parties' responsibilities for the response.

    Responsibilities under an SSC are documented in ar-
ticles in the agreement.   The RPM and the SPO should re-
view each of the requirements identified here and should
address them as appropriate in each SCC being negotiated.

APPENDIX SUMMARY

    This appendix contains examples of articles for in-
clusion in SCCs.  Introductory remarks to each article
provide background information to clarify EPA require-
ments; sample articles follow, indicated by text indented
from both margins.  The order of articles in this appendix
roughly parallels the order in which they would appear in
an SSC itself.  More than one article has been provided
where different approaches have commonly been used to ad-
dress SSC requirements in the past.

    Articles presented here are appropriate for both
single-site SSCs and those that cover several sites and/or
activities.  In either case,  these articles should be
tailored to meet activity specific requirements, as appro-
priate,  and equivalent language may be used.

    The introduction to an article will mention Coopera-
tive Agreements when requirements for State-lead agree-
ments differ from those for Federal-lead projects.  Provi-
sions for Cooperative Agreement applications are found in
Appendix F of this manual.
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                                                 9375.1-4-h
1.   Authority

    This Contract is entered into pursuant to sections
    104(a)(l),  (c)(2),  and (c)(3) of the Comprehensive
    Environmental Response,  Compensation,  and
    Liability Act of 1980 ("CERCLA"),  42 U.S.C.  9601
    et seq,  and [cite relevant State law].

2.   Purpose  of the Contract

    This Contract is an agreement between the U.S.
    Environmental Protection Agency ("EPA") and the
    State of [name of State] (the "State") to conduct
    [type of project, such as a remedial action] to be
    undertaken at [name of site]  (the "site").
    Attached hereto and incorporated herein as Appen-
    dix [	] is a description of  the site and the re-
    sponse actions taken to  date  in connection with
    the site.  This Contract covers only those activi-
    ties described in-the Statement of Work (the
    "SOW") attached hereto and incorporated herein as
    Appendix [	].  This Contract may be amended if
    the parties agree to undertake additional remedial
    activities beyond the scope of the SOW.

3.   Parties  to the Contract

    This Contract is between EPA and the  [name of
    State agency entering into the Contract].  Upon
    signature of this Contract the State's  [title of
    State signatory] certifies that the agency has
    legal authority to enter into the Contract on be-
    half of  the State and to fulfill its terms.  EPA
    has designated:

            [name of RPM]
             [address]
          [telephone number]

    to serve as Project Manager for this Contract [or
    Agreement].  The State has designated:

           [name of SPO]
             [address]
          [telephone number]

    to serve as the State Project Officer for this
    Contract.  The Remedial Project Manager, the State
    Project Officer, and the Director of the [State
    agency] or his  [her] designee have authority to
    make joint project decisions that do not alter the
    scope or cost of response actions taken pursuant
    to this Contract.
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                                                 9375.1-4-h
4.   Negation oŁ Agency Relationship

    Nothing contained in this Contract shall be con-
    strued to create, either expressly or by implica-
    tion,  the relationship of agency between EPA and
    the State.  Any standards, procedures,  or pro-
    tocols prescribed in this Contract to be followed
    by EPA or its contractors during the performance
    of its obligations under this Contract  are for
    assurance of the quality of the final product of
    the actions contemplated by the Contract, and do
    not constitute a right to control the actions of
    EPA.   EPA (including its employees,  agents, and
    contractors) is not authorized to represent or act
    on behalf of the State in any matter relating to
    the subject matter of this Contract, and the State
    (including its employees, agents, and contractor^)
    is not authorized to represent or act on behalf of
    EPA in any matter relating to the subject matter
    of this Contract.

5.   Duration of the Contract

    The Contract shall become effective upon execution
    by both parties and shall remain in effect until
    [date], or until completion of the activities
    described in the SOW and the assurances, whichever
    occurs later.  The parties may agree to extend, by
    amendment, the duration of the Contract for the
    period necessary to implement any remedial activi-
    ties  that the parties agree to undertake beyond
    those  defined in the SOW.  This Contract may be
    terminated before the activities described in the
    SOW are completed if the parties jointly agree in
    writing.

6.   EPA Responsibilities

    a.   EPA will consult with [State agency] on mat-
         ters relating to the implementation of work
         in the SOW and any amendments thereto.

    b.   EPA or its agent shall arrange for the ser-
         vices of contractors to do the work described
         in the SOW and shall make all payments to the
         contractors for that work.  EPA, at its own
         cost and expense, shall furnish the necessary
         personnel, materials, services, and facili-
         ties to perform its responsibilities under
         this Contract.  If the remedial action is
         performed by the U.S. Army Corps of
         Engineers, the costs associated with per-
         sonnel, materials, services, and facilities
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                                                 9375.1-4-h
         necessary to  perform its  services  shall  be
         shared with the State.  EPA will consult with
         the State on  matters relating  to the imple-
         mentation of  work in the  SOW.

    c.    In conducting the work  described in the  SOW
         for this  Contract,  EPA  and its representives
         will comply,  to the maximum extent possible,
         with all  applicable guidance,  including  the
         manual Superfund Remedial Design and Remedial
         Action Guidance,  published by  OERR in June
         1986,  and the approved  Record  of Decision
         (ROD)  for this site, dated [	].

    d.    EPA will  provide [State agency] with an  op-
         portunity to  review the completed  bid
         packages  [number] days  before  they are pub^
         lished for bids.   If [State agency] does,not
         respond to EPA within this time frame, pub-
         lication  will proceed.  This provision also
         will apply to any and all amendments to  the
         bid package.

    e.    EPA will  inform [State  agency] of  any changes
         in the remedy that are  within  the  scope  ap-
         proved in the ROD for this site.   Approval
         for any changes in the  remedy  beyond that
         approved  in the ROD will  require  amending the
         ROD, and  this Contract  may be  amended ac-
         cordingly.

7.   Duties oŁ the  Remedial Project Manager  and State
    Project Officer

    The EPA Remedial Project Manager and the State
    Project Officer have joint authority to make  pro-
    ject decisions that do not enlarge  the  scope  of
    the response actions at (any of) the site(s)  or
    the cost(s) of the project(s)  covered  by the  Con-
    tract.  In addition, the EPA Project Manager  will
    report modifications to schedules or activities
    to the State Project Officer.

8.   Coordination of Parties Participating  in Response

    The following  agencies and/or  entities  will par-
    ticipate in the [activity] at  [name of  site]  con-
    ducted pursuant to this Contract [list
    agencies].   EPA will oversee the participation of
    each in close  coordination with the State Project
    Officer.  EPA will inform the  State Project
    Officer in the event that problems arise and/or
    the scope of the participation of any one agency
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                                                 9375.1-4-h
    significantly increases or decreases from that
    described here.

9.   Third Parties

    This Contract is intended to benefit only the
    State and EPA.   It extends no benefit or right to
    any third party not a signatory to this Con-
    tract.   In addition,  EPA does not assume any
    liability to third parties with respect to losses
    due to bodily injury or property damages that
    exceed the limitations contained in the pro-
    visions of 28 U.S.C.  sections 1346(b),
    2671-2680.  To the extent permitted by State law,
    the State does not assume liability to any third
    parties with respect to losses due to bodily in-
    jury or property damage.

10.  Responsible Party Activities

    If EPA reaches an agreement with any responsible
    parties to undertake all or part of the remedial
    activities described in the Statement of Work
    (SOW) for this Contract, the Contract shall be
    amended to revise the SOW accordingly.

11.  Emergency Response Action During a Remedial Project

    Any emergency response activities conducted pur-
    suant to the National Contingency Plan, 40 CFR
    section 300.65,  shall not be restricted by the
    terms of this Contract.  EPA, in consultation
    with the State,  may suspend or modify the re-
    medial activities defined in the SOW for this
    Contract during and/or subsequent to the emer-
    gency response actions.  The State's share of
    responsibility for conducting response activities
    also may be revised and the State's financial
    obligation may be adjusted.

12.   Fund Balancing

    CERCLA section 104(c)(4) requires that
    CERCLA-funded actions provide a cost-effective
    response, balancing the need for protection of
    public health, welfare, and the environment
    against the availability of amounts from the fund
    to respond at .other sites.  If the State requests
    additional fund-financed response at the site,
    EPA will evaluate the request against available
    fund monies and whether it is consistent with the
    NCP.  This Contract does not commit EPA to future
    funding for response actions at the site.
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                                                 9375.1-4-h
13.  The National Contingency Plan (NCP)

    All activities conducted under this Contract
    shall be consistent with the National Contingency
    Plan (NCP), 40 CFR Part 300.

14. State Cost Sharing

    Guidance on calculating RA costs can be found in
the document Superfund Remedial Design and Remedial
Action Guidance, OERR, June 1986.

Cash Payments - Privately Owned Sites

    An example of an acceptable cost-sharing as-
surance article for remedial action at a privately
owned site is provided below.

    1.   The State will pay 10 percent of the costs
         of the remedial action defined in the SOW,
         including change orders and claims agreed to
         by EPA, as provided below.  The current
         estimate of the total cost is nine hundred
         seventy-five thousand dollars ($975,000).
         The State's share is ninety-seven thousand
         five hundred dollars ($97,500).   The State
         shall reimburse EPA its share ($97,500) in
         accordance with the payment schedule below.

    2.   Payment will be made in the following manner:

              Within 30 days after signature of this
              Contract, the State shall submit to EPA
              its first payment for one-half of the
              State's share for the site activities:
              forty-eight thousand seven hundred
              fifty dollars ($48,750).

              At intervals of 90 days thereafter, the
              State shall provide two payments of
              twenty thousand dollars ($20,000) each.

              At the completion of the work defined
              in the SOW, EPA shall provide the State
              with copies of all documents pertaining
              to financial transactions made under
              this Contract.  This shall include
              costs of contractor(s) retained by EPA
              to perform the work in the SOW, in-
              cluding change orders and claims; costs
              incurred by the U.S. Army Corps of
              Engineers for their construction
              management; expenditures of the con-
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                                                 9375.1-4-h
              struction contingency fund;  and all
              other costs related to the response
              performed pursuant to this Contract.
              It also will include calculation of the
              total cost share paid by the State, and
              use of State CERCLA section 104(c)(3)
              credit.  Final reconciliation of costs
              will be made at that time.  Any ad-
              ditional payment by the State to EPA,
              up to a total of $97,500,  or any refund
              by EPA to the State, will  be made
              within 90 days after this  reconcili-
              ation.  This Contract may  be amended  to
              arrange for any additional State pay-
              ment in excess of $97,500.

    3.   All State payments shall be made payable to,
         EPA and sent to:

                   Environmental Protection Agency
                   Superfund
                   P.O. Box 371003M
                   Pittsburgh, PA  15251

                   Attn:     Collection  Officer for
                             Superfund

   .4.   EPA will use 10 percent of the  total cost  of
         the project, ninety-seven thousand five hun-
         dred dollars ($97,500), as a construction
         contingency fund to cover change orders for
         the project.  The EPA Project Manager may
         approve expenditures from this  fund.  EPA
         will inform the State when total contingency
         fund expenditures exceed 75 percent of the
         fund.  This Contract may be amended to add
         more money to the project contingency fund,
         should it be found necessary to do so.

Cash Payments - Publicly Owned Site

    The following article may be used for publicly owned
sites.  This may be affected by CERCLA  reauthorization.

    1.   The State will pay 50 percent of the costs
         of the remedial action defined in the SOW
         for this project, attached hereto and in-
         corporated herein as Appendix  [	].  The
         current estimate of the cost is one million,
         two hundred fifty thousand dollars
         ($1,250,000).  The State's share of the
         remedial action costs is six hundred
         twenty-five thousand dollars ($625,000).
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                                                 9375.1-4-h
    2.   The State also will pay 50 percent of the
         costs of all removal actions and remedial
         planning that have been implemented at the
         site.  A removal action costing fifty-five
         thousand dollars ($55,000) has been under-
         taken at this site.  The total cost of
         remedial planning activities for this site
         has been four hundred ninety-five thousand
         dollars ($495,000).  The State's cost share
         for the past response at the site is two
         hundred seventy-five thousand dollars
         ($275,000).

    3.   The State's  total share for 50 percent of
         all site response actions is nine hundred
         thousand dollars ($900,000).  Payment will
         be made in the following manner:  [terms
         must be negotiated and recorded as in the
         article above; payments must be sent to the
         EPA address  shown above].

[The Contract then will include both a State payment sche-
dule, or provisions for reduction of CERCLA credit, and a
discussion of the construction contingency fund].

Advance Match

    If the State previously provided advance match funds,
it can use this to cover its cost share during remedial
action.  The SSC article concerning cost sharing should
specify the State's past provision of advance match, as
shown below.

    The State has paid $[	] as advance match
    toward the costs  associated with carrying out the
    work defined in the SOW for this Contract.  EPA
    will count the State's cash contribution toward
    the State's ultimate cost share at the site
    described herein.  The State, through an amend-
    ment to this Contract or in an Cooperative Agree-
    ment application, may request reimbursement of
    any of its funds  expended under this Contract
    that are not required to meet the State's ul-
    timate cost-sharing obligation at the site.
    Reimbursement by EPA is subject to the avail-
    ability of appropriated funds.

15.  State Credits for 1978-1980 Window Period

    CERCLA sections 104(c)(3) and 104(d)(l) require
    that the State pay, or assure payment of, 10 per-
    cent of the costs of the remedial action activi-
    ties to be undertaken pursuant to this Contract.
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                                                 9375.1-4-h
    CERCLA section 104(c)(3)(C)  provides that EPA
    will grant the State a credit against the share
    of the costs for which it is responsible under
    this section for any documented direct out-of--
    pocket non-Federal funds expended or obligated by
    the State or a political subdivision thereof
    between January 1, 1978, and December 11, 1980,
    for cost-eligible response actions.   The State
    has submitted a credit claim for $20,000 [amount
    of credit claimed pursuant to instructions con-
    tained in Appendix C of this manual] for response
    actions undertaken at the site between January 1,
    1978,  and December 11, 1980.  EPA accepts this
    credit amount at face value  pending  final verifi-
    cation of the eligibility and allowability of the
    State's credit costs.  At EPA's request, the
    State shall make supporting  documentation avail-,
    able for audit.  Based on final verification of
    these costs, the amount the  State will have to
    provide as its cost share for the remedial action
    activities in this Contract  will be  adjusted to
    satisfy the State's cost-sharing responsi-
    bilities.  The State will not be reimbursed for
    any credit remaining at the  conclusion of fund-
    -financed response actions at this site, nor may
    the State apply the remaining credit to the cost
    of remedial activities at another site.

    When the State has a verified credit for the 1978 to
1980 window period, the following sample article is appro-
priate for a privately owned site.

    CERCLA sections 104(c)(3) and 104(d)(l) require
    that the State pay, or assure payment of, 10 per-
    cent of the costs of the remedial action activi-
    ties to be undertaken pursuant to this Contract.
    CERCLA section 104(c)(3) provides that EPA will
    grant the State a credit against the share of the
    costs for which it is responsible under this sec-
    tion for any documented direct out-of-pocket
    non-Federal funds expended or obligated by the
    State or a political subdivision thereof between
    January 1, 1978, and December 11, 1980, for
    cost-eligible response actions.  The State has a
    credit of $20,000  [amount of credit] for expen-
    diture of funds for response actions at the site
    between January 1, 1978, and December  11, 1980,
    verified by EPA on November  15, 1984 [date of the
    Regional letter to State making a final credit
    determination based on an audit report].  This
    credit will be applied toward the State's
    cost-sharing obligation for  remedial action
    activities conducted under this Contract.  The
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                                                 9375.1-4-h
    State will not be reimbursed for any credit
    remaining at the conclusion of fund-financed
    response actions at this site, nor may the State
    apply the remaining credit to the cost of
    remedial activities at another site.

16.  Operation and Maintenance

    After remedial design is completed,  EPA will sub-
    mit a draft operation and maintenance (O&M) plan
    to the State for comment.  At a minimum, the plan
    shall include:  a description of, and a contin-
    gency plan for, potential abnormal occurrences;
    remedy performance standards; staffing plans;
    equipment and materials requirements; and moni-
    toring requirements to demonstrate the continued
    effectiveness of the remedial action.  The State.
    agrees to comment on the draft plan within 30
    days.  The State further agrees to submit an O&M
    financing plan prior to completion of the
    remedial action arid State assumption of O&M
    responsibility.  Pursuant to CERCLA section
    104(c)(3)(A), the State shall provide all future
    operation and maintenance (O&M) of the remedial
    actions provided under this Contract for the
    expected life of such actions.  The State agrees
    to implement the final O&M plan.  The State
    understands that, if at the conclusion of the
    remedial action it intends to seek financial
    assistance for implementation of the O&M plan to
    ensure that the remedy is functional and opera-
    tional, it must submit a Cooperative Agreement
    application to EPA.  The State's application
    shall be based on the O&M plan prepared for this
    site and shall specify the State agency respon-
    sible for O&M; demonstrate the source of O&M
    funding; designate personnel responsible for O&M;
    and contain a schedule for O&M activities.

Requirements for O&M plans can be found in the text of
this manual.

17.  Off-Site Treatment, Storage, or Disposal

    The State and EPA have determined that off-site
    treatment, storage, or disposal of hazardous sub-
    stances is required for activities funded by this
    Contract.  Pursuant to CERCLA section
    104(c)(3)(B), the State is required to assure the
    availability of a hazardous waste facility.  EPA
    or its  representative, in its invitation for bids
    for the remedial action, will require respondents
    to provide adequate capacity for waste disposal
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                                                 9375.1-4-h
    at a facility (or facilities) that meets all
    aplicable requirements of the Resource Conserva-
    tion and Recovery Act (RCRA)  and that is consis-
    tent with EPA's off-site disposal policy.   A RCRA
    compliance inspection shall be completed by EPA
    for the facility within six (6) months prior to
    the receipt at the designated facility of  wastes
    from the site.  Prior to award of the contract,
    the EPA Regional office in which the facility is
    located will review the results of the compliance
    inspection and other available information to
    determine if the facility meets the criteria set
    forth by EPA.  If requested by EPA, the State
    shall provide a hazardous substance disposal
    facility that meets the requirements of RCRA Sub-
    title C and is acceptable to EPA.

18.  Management Assistance

    The State has requested management assistance
    funds from EPA to'perform the following tasks
    during the response action conducted pursuant to
    this Contract [identify tasks].  EPA has awarded
    these funds via Cooperative Agreement [number]
    dated [	].  In performing its management
    assistance tasks, the State shall coordinate
    closely with the EPA Project Manager for this
    Contract.  The State understands that EPA funding
    for management assistance does not change the
    contractual relationship between EPA [or the U.S.
    Army Corps of Engineers (COE)] and the remedial
    response contractors.  The State shall not direct
    the work of EPA [or the COE]  and/or its response
    contractors and subcontractors.

19.  Site Access and Permits

    The State may have to seek permits or approvals before
response can begin (for example,  compliance with local
ordinances on construction).  The State is responsible for
determining which requirements apply and for obtaining
necessary permits or approvals before work is initiated.
The RPM should provide assistance to ensure that the pro-
ject proceeds smoothly.  The Appendix to the Preamble of
the NCP "CERCLA Compliance with Other Environmental
Statutes" defines when environmental permits are
required.  These requirements may be affected by changes
in CERCLA during reauthorization.
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                                                 9375.1-4-h


Access to the Site and Permits

    The State agrees to satisfy all Federal,
    State, and local requirements for permits
    and approvals.  The State, to the extent  of
    its legal authority, shall secure access  to
    the site and adjacent properties, as well as
    all rights-of-way and easements necessary to
    complete the response actions undertaken
    pursuant to this Contract.  As requested  by
    EPA, the State also shall obtain or assist
    EPA in obtaining any permits that are
    necessary to complete satisfactorily the
    activities described in the SOW.

State Access During Remedial Response

    Representatives of the State shall have
    access to the site to review work in pro-
    gress and shall comply with the site safety
    plan.  EPA shall not be responsible for any
    harm to any State representative or other
    person arising out of, or resulting from,
    any act or omission by the State or its
    representative(s) in the course of an
    on-site visit.

20.  Site Safety Plan

    EPA will be responsible for the development and
    implementation of a site safety plan for  each
    site where remedial response is contemplated by
    this Contract.  This plan will be consistent with
    the requirements of the National Contingency Plan
    and applicable Federal and State safety standards
    and guidance.

When the SSC covers activities at several sites, the
following language may be used.

    EPA or its agent will undertake health and safety
    activities at [number] sites under this Con-
    tract.  Each site plan will be consistent with
    the requirements of the National Contingency Plan
    and applicable Federal and State safety standards
    and guidance.

A model site safety plan format is contained in Appendix L.

21. Community Relations

    The State and EPA agree that community relations
    activities at the site will be conducted in ac-
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                                                 9375.1-4-h
    cordance with the approved community relations
    plan.  In conducting community relations activi-
    ties pursuant to this Contract,  EPA and the State
    agree to comply with all relevant EPA policy and
    guidance on community relations  programs and pro-
    cedures .

When the SSC covers activities at several sites, the
following is appropriate.

    EPA will conduct community relations activities
    at [number] of sites pursuant to this Contract.
    EPA will develop site-specific community rela-
    tions plans and will submit these documents to
    the State for review.  In developing and imple-
    menting these community relations plans, EPA and
    the State will comply with all relevant EPA
    policy and guidance on community relations pro-
    grams and procedures.

22.  Access to Files and Confidentiality of Information

    There are necessary limitations  on the release of
information from site files so that  EPA can maintain its
enforcement position both in court and during negotiations
with potentially responsible parties.  State laws, how-
ever,  may not enable the State to hold site information
confidential.  The RPM should consult regularly with the
negotiating or litigating team to avoid the release of
information that may be detrimental  to the enforcement
process.  The SPO similarly should consult with the State
Attorney General's Office prior to releasing any informa-
tion that is in its possession.

    At EPA's request and to the extent allowed by State
    law, the State shall make available to EPA any infor-
    mation in its possession concerning the site.  EPA
    will make available to the State any information in
    its possession concerning the work being conducted
    pursuant to this Contract if the State submits a
    request for such information.  If the State provides
    any information to EPA under a claim of confi-
    dentiality, this information will be treated in ac-
    cordance with 40 CFR Part 2 if the State has given EPA
    notice of a claim of confidentiality.  EPA will not
    disclose information submitted under a claim of con-
    fidentiality unless EPA is required to do so by
    Federal law and has given the State advance notice of
    EPA's intent to release that information.  Absent
    notice of such claim, EPA may make said information
    available to the public without  further notice.
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                                                 9375.1-4-h


23.  Submission oŁ  Documents

    EPA will submit all final  plans,  reports,  and/or
    modifications  to the SOW which affect  the  cost
    agreed to by the State, to the State Project
    Officer for review prior to issuance or  implemen-
    tation.

24.  Reporting Requirements

    EPA agrees to  submit progress reports  to the
    State Project  Officer, detailing  technical pro-
    gress of the project,  changes to  the SOW,  and
    other major changes to the project.  The EPA Pro-
    ject Manager and the State Project  Officer will
    negotiate a schedule for submittal  of  the  pro-
    gress reports.

25.  Design Reviews

    EPA will submit the design for the  remedy  at the
    [name] site to the State for review at various
    points in its  development  depending upon the
    requirements of the site and complexity of the
    design.  These may include:  (1)  preliminary
    design (30% complete); (2) intermediate design
    (60% complete); (3) pre-final (95%  complete); and
    (4) final (100% complete).  EPA will  accommodate
    State comments to the extent possible.  Should
    EPA determine  that major design changes are
    occurring that would significantly  alter the
    scope of the remedy from that approved in  the
    Record of Decision, the EPA Project Manager will
    notify the State in writing.

26.  Change Order and Claims Management

    EPA or its agent(s) will conduct  technical and
    administrative reviews of  any contractor change
    order requests or claims.   These  reviews will
    examine the technical basis for the change orders
    or claims and will determine whether they are
    merited.  EPA will inform  the State when total
    project change orders exceed 75 percent of the
    construction contingency fund.  EPA also will
    notify the State if any necessary change orders
    will alter the scope of the remedy  as  approved in
    the Record of  Decision (ROD) for  this  site, dated
    [	].  The ROD and this Contract will be amended
    accordingly.
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                                                 9375.1-4-h
27.  Pre-final Inspections

    The State may participate in the pre-final con-
    struction conference, to be held upon preliminary
    project completion,  to discuss remedy operation
    and maintenance (O&M) requirements.   EPA will
    provide the State [number]  days advance notice
    of, and an agenda for, this meeting.   The State
    also shall participate in the pre-final inspec-
    tion of the remedy to determine the project's
    completeness.  The EPA Project Manager will pro-
    vide the pre-final inspection report  to the State
    Project Officer for  review.  This report will
    outline outstanding  contruction items, actions
    required to resolve  them, and anticipated com-
    pletion dates for these actions.  The State shall
    return any comments  to the EPA Project Manager
    within [number] days.

28.  Final Inspection

    Following completion of remedial action, the
    State, EPA, and/or the remedial contractor will
    jointly inspect the  project to confirm that all
    outstanding construction items are resolved.  The
    EPA Project Manager  shall be responsible for sub-
    mitting the final inspection report describing
    any outstanding items and their resolutions to
    the State Project Officer.

29.  Remedy Shakedown Period

    When the RA includes construction of  a treatment sys-
tem, the final startup and shakedown period will be con-
sidered part of the RA.   Determination of remedy effec-
tiveness for other types of RAs will be addressed on a
case-by-case basis.  This may be affected by changes in
CERCLA during reauthorization.

    The remedy implemented pursuant to this Contract
    includes construction of a treatment  system.  A
    facility shakedown period of [number] months is
    necessary to demonstrate the effectiveness of the
    remedy.  This period will be considered part of
    the remedial action.  The shakedown period
    includes oversight of system operational testing,
    conduct of operator  training, adjustment of the
    O&M procedures manual, and development of
    accurate O&M cost estimates, as outlined in the
    SOW for this Contract.  The State shall
    coordinate with the  EPA Project Manager and the
    remedial contractor  representative in the conduct
    of these activities.
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                                                 9375. 1-4-h
30.  Remedial Action Report

    EPA will prepare a remedial  action report  for
    each site at the completion  of  the remedial
    action performed under  this  Contract.   This
    report shall be submitted to the State Project
    Officer for review within sixty (60)  days  after
    the joint EPA/State inspection  and acceptance  of
    the remedy by the State.   This  report  will:
    describe outstanding construction items from the
    pre-final inspection and  indicate that items were
    resolved; summarize work  defined in the SOW  for
    this Contract and certify that  this work was
    performed; explain any  modifications  to work in
    the SOW and why these were necessary for the
    project; certify that the remedy is functional
    and operational; and supply  copies of  documen- .,
    taton necessary to support deletion of the site
    from the NPL.

31.  Acceptance of the'Remedy

    EPA acceptance of the remedy will be provided  to  the
    State with the final remedial action report.  State
    review and approval of  the remedial action report will
    signify State acceptance  of  the remedy.

32.  Transfer of Guarantees  and Warrantees

    Upon State acceptance of  the remedy and assumption of
    responsibility for O&M, all  guarantees and warranties
    associated with the remedy will be transferred to the
    State's possession.  EPA  will provide for  such trans-
    fer in all agreements for remedial action  negotiated
    with response contractors.

33.  NPL Deletion

    At the successful completion of the remedial action at
    the [name] site, performed pursuant to this  Contract,
    the State may request EPA to delete the site from the
    National Priorities List  (NPL).  The State agrees to
    participate in the NPL  deletion process by commenting
    on the proposed site deletion and by reviewing the
    site NPL deletion package.

34.  Enforcement and Cost Recovery

Notice of Intent To Settle  or Initiate Proceedings

    EPA and the State agree that, with respect to  the
    claims which each may be  entitled to assert  against
                            H-16

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                                                 9375.1-4-h
    any third persons (herein referred to as  the "respon-
    sible party,"  whether one or more) for reimbursement
    of any services,  materials,  monies,  or other thing of
    value expended by EPA or the State for response
    activities at  the site(s) described  in this  Contract,
    neither EPA nor the State will enter into a  settlement
    with or initiate a judicial  or administrative pro-
    ceeding against a responsible party  for the  recovery
    of such sums except after having given notice in
    writing to the other party to this Contract  not less
    than thirty (30)  days in advance of  the date of the
    proposed settlement or commencement  of the proposed
    judicial or administrative proceedings.  Neither party
    to this Contract shall attempt to negotiate  for nor
    collect reimbursement of any response costs  on behalf
    of the other party, and authority to do so is hereby
    expressly negated and denied.

Cooperation and Coordination in  Cost Recovery Efforts

    EPA and the State, agree that they will cooperate i-n
    and coordinate efforts to recover their respective
    costs of response actions taken at the site(s) des-
    cribed herein, including the negotiation of  settlement
    and the filing and management of any judicial actions
    against potentially responsible parties.   This shall
    include coordination in the  use of evidence  and
    witnesses available to each  in the preparation and
    presentation of any cost recovery action, excepting
    any documents  or information which may be confidential
    under the provisions of any  applicable State or
    Federal law or regulation.

Judicial Action

    EPA and the State agree that any judicial action taken
    by either party pursuant to  CERCLA against a poten-
    tially responsible party for recovery of any sums
    expended in response actions at the site(s)  described
    herein shall be filed in the United States District
    Court for the judicial district in which the site(s)
    described in this Contract is located, or in such
    other judicial district of the United States District
    Courts as may be authorized by section 113 of CERCLA
    and agreed to in writing by the parties to this Con-
    tract .

Litigation Under CERCLA Section 106 and 107

    Signature of this Contract does not constitute a
    waiver of EPA's right to bring an action against any
    person or persons for liability under section 106 or
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                                                      9375.1-4-h
         107 of the Comprehensive Environmental  Response,  Com-
         pensation, and Liability Act  (CERCLA),  or  any other
         statutory provision or  common  law.

    35.  Failure To Comply with  Terms  of  the  Contract

         If the State  fails to comply  with  the  terms  of this
         Contract, EPA may proceed  under  the  provisions of sec-
         tion  104(d)(2) of CERCLA.   If  EPA  fails to comply with
         any requirements of this Contract, the  State,  after
         providing sixty  (60) days  notice,  may  seek in the ap-
         propriate court  of competent  jurisdiction  to  enforce
         the Contract.

    36.  Amendments to the Contract

         Any change in this Contract must be  agreed to, fn
         writing, by both parties hereto, except as provided
         elsewhere in  the Contract.

    37.  Contract Closeout

         This  Contract will remain  in  effect  until  a  final
         cost  reconciliation is.  made to ensure  that both
         the State and EPA have  contributed their full
         cost  shares for  the project(s) conducted pursuant
         to it.  This  includes:  satisfactory completion
         ofxthe remedial  activities described in the SOW;
         the final accounting of all project  costs, in-
         cluding all change orders  and outstanding  con-
         tractor claims;  EPA receipt of documentation of
         all costs incurred; and receipt  of all  State cost
         share payments made under  this Contract.
          ^rt^l P. r-'toction
           2404 PM-311-A
~'. i: Street,  S.W.                   H-18
\shington, DC  20460

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