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2004-041
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2004-041
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laboratory and process controls , including appropriate quality assurance procedures . This provision <br /> requires the operation of back-up or auxiliary facilities or similar systems only when necessary to <br /> achieve compliance with the conditions of the Agreement. <br /> 23 . The terms and conditions set forth in this Agreement may be enforced in a court <br /> of competent jurisdiction pursuant to Sections 120 . 69 and 403 . 121 , F. S . Failure to comply with the <br /> terms of this Agreement shall constitute a violation of Section 403 .727 ( 1 ) , F. S . <br /> 24 . All plans , reports , or other documents required by this Agreement to be <br /> submitted to the Department shall be sent to the Waste Program Administrator, Central District, <br /> 3319 Maguire Boulevard, Suite 232, Orlando, Florida 32803 , <br /> 25 , This Agreement is a final order of the Department pursuant to Section 120 . 52(7 ) , <br /> F. S . , and it is final and effective on the date filed with the Clerk of the Department, unless a Petition <br /> for Administrative Hearing is filed in accordance with Chapter 120 , F. S . Upon timely filing of a <br /> petition this Agreement will not be effective until further order of the Department. <br /> 26 . Following termination of remedial activities for soils (only) as provided for in the <br /> Work Plan , Indian River County shall submit a Soil Rehabilitation Completion Report (SRCR) to <br /> the Department for approval . The SRCR shall contain documentation that site cleanup objectives <br /> have been achieved as provided for in the Work Plan, including the closure of units under the <br /> standards identified in paragraph 9 (i)(5 ) . Applicable portions of the SRCR shall be signed and <br /> sealed by an appropriate professional . The SRCR shall include the name and address of the RCRA <br /> Subtitle D facility that received the treated fill material , soil and sediment, a description of the waste <br /> as initially generated, including the applicable EPA hazardous waste code(s ) and treatability <br /> group (s) . Within ninety (90) days of receipt of the SRCR, the Department shall approve the SRCR <br /> or make a determination that the SRCR does not contain reasonable assurances that site cleanup <br /> objectives have been achieved. If the Department determines that the SRCR is not adequate based <br /> upon information provided, the Department will notify Indian River County in writing. Site <br /> rehabilitation activities shall not be deemed completed until such time as the Department provides <br /> Indian River County with written notice that SRCR is approved. In the event that Indian River <br /> County disagrees with a Department determination that the SRCR does not contain reasonable <br /> assurances that site cleanup objectives have been achieved, Indian River County may avail itself of <br /> the provisions of Paragraph 14 of the Agreement to contest such a determination . <br /> 27 . Upon Indian River County ' s publication in a newspaper of general circulation in <br /> Indian River County of notice that the Department intends to issue written approval of the SRCR, <br /> Page 10 <br />
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