2004-041 - Laserfiche WebLink

Home Browse Search

afforded by Sections 120. 569 and 120 . 57 , F. S . , on the terms of this Agreement. Indian River County acknowledges its right to appeal the terms of this Agreement pursuant to Section 120 . 68 , F. S . , and waives that right upon signing this Agreement. 16 . Nothing herein shall be construed to limit the authority of the Department to undertake any action against Indian River County in response to or to recover the costs of responding to conditions at or from the Site that require Department action to abate an imminent hazard to the public health, welfare or the environment. Correspondingly, Indian River County reserves all of its legal rights and defenses against any such legal action which may be initiated by the Department, including the right to challenge the validity or enforceability of the standards and criteria alleged to be applicable to the Site . IT The Department hereby expressly reserves the right to initiate appropriate legal action to prevent or prohibit any violations of applicable statutes or the rules promulgated thereunder that are not specifically addressed by the terms of this Agreement. Correspondingly, Indian River County reserves all of its legal rights and defenses against any such legal action which may be initiated by the Department, including the right to challenge the validity or enforceability of the standards and criteria alleged to be applicable to the Site . 18 . No modifications of the terms of this Agreement shall be effective until reduced to writing and executed by both Indian River County and the Department. 19 . The provisions of this Agreement shall apply to and be binding upon the parties , their officers , their directors , agents , servants , employees , successors , and assigns and all persons , firms and corporations acting under, through or for them and upon those persons , firms and corporations in active concert or participation with them. 20 . Indian River County shall allow all authorized representatives of the Department access to the property and facility at reasonable times for the purpose of determining compliance with the terms of this Agreement and the rules and statutes of the Department. 21 . In the event of noncompliance with the Agreement, Indian River County shall take all reasonable steps to minimize releases to the environment, and shall carry out such measures as are reasonable to prevent significant adverse impacts on human health or the environment. 22 . Indian River County shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used to achieve compliance with the conditions of this Agreement. Proper operation and maintenance includes effective performance, adequate funding, adequate operator staffing and training, and adequate Page 9