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z <br />COST RECOVERY AGREEMENT <br />This document serves as an agreement between the undersigned (hereina#~er "you") and the Department of <br />Environmental Quality (DE~ regarding DEQ review and oversight of the investigation and/or cleanup of <br />petroleum tha7ardous substatices) at the property located at: <br />Facility Name: <br />Address: <br />USTC No.: <br />DEQ agrees to review environmental ~ documents submitted by you or on your behalf regarding the <br />investigation and/or cleanup of the above-referenced site. Additional details regarding DEQ oversight will <br />be eskablish~ upon review of the initial site data. <br />DEQ requires that persons requesting DEQ review and oversight of investigation and cleanup ~ctivities <br />agree to the terms of this cost recovety agreement and pay project oversight costs. <br />DEQ project ovetsight costs will include direct costs and indirect costs. Direct costs include site-specific <br />expenses and legal costs: Iedirect costs are those general management and support costs of tl~ DEQ, <br />including the Waste Management and Cleanup Division (VVMCD), allocable to DEQ oversight of this <br />agreement and not charged as direct, site-specific costs. Indirect charges are ba.sed on a percentage of direct <br />peisonal services costs. Review and oversight costs shall not include any unr~sonable costs or costs not ~~ <br />otherwise recoverable by U~Q uxder ORS 465.255. <br />DEQ costs are due withia zhirty (30) ~ys of issuance of the monthly statement, by a check made payable to <br />the "IZepartrnent of Environmen~al Quality". <br />Electing not to enter into this agreement does not release you fmm any nesponsibility that you might have for <br />any reporking requirements, inveskigation and/or cleanup of petmleutn (hazardous substances) at the above <br />referen~ed facility. This does not p~reelude the DEQ f~om conducting audits or inspections of all or portions <br />of the investigation and cleanup activities as.sociated with this f~cility. Enfatcement action may be initiated <br />if any violation of DEQ requirements is found. <br />Either DEQ or you may terminate this agreement by giving 15 days advance written notice to the other. <br />Only those costs incurred or obligated by DEQ prior to the effective date of any t~nination of the agreement <br />shall be recoverable under this Agreemen~ Teimination o€ ~his agreement will not affect any other right <br />DEQ may have for recovery of costs under any applicable law. <br />You will h~ld DEQ harniless for any claims (including but aot lirnited to claims of properiy damage or <br />perspnal injury) arising from DEQ review and/or oversight activities under this agreement. <br />