205-18 Exhibit to Resolution Authorizing Administrative Consent Order.pdf

this paragraph, describe the anticipated length of the delay, the precise cause or causes of the delay, and any measures taken or to be taken to minimize the delay. Respondent shall take all necessary action to prevent or minimize any such delay. 16. The Department may adjust the deadlines in the compliance schedule of this ACO for a period no longer than the delay if the Department finds that: i. Respondent has complied with the notice requirements of the above paragraph; ii. Any delay or anticipated delay has been or will be caused by fire, flood, riot, strike, or other circumstances beyond the control of Respondent, and; iii. Respondent has taken all reasonable actions to prevent or minimize the delay. 17. If the Department denies Respondent’s force majeure request, Respondent may be subject to stipulated penalties. The burden of proving that any delay is caused by circumstances beyond the control of Respondent, and the length of any such delay attributable to those circumstances, shall rest with Respondent. Increases in the cost or expenses incurred by Respondent in fulfilling the requirements of this ACO shall not be a basis for an extension of time. Delay in an interim requirement shall not automatically justify or excuse delay in the attainment of subsequent requirements. Contractor's breach shall not automatically constitute force majeure. G. RESERVATION OF RIGHTS 18. The Department reserves the right to unilaterally terminate this ACO in the event Respondent violates any term. However, before the Department terminates this ACO pursuant to this paragraph, the Department will notify Respondent in writing of their obligations, and Respondent shall have reasonable time under the circumstances, not to exceed thirty (30) calendar days, to perform said obligations. 19. The Department reserves the right to seek reimbursement for past costs incurred in the oversight of this ACO. 20. This ACO shall not be construed to affect or waive claims of federal or state natural resources trustees against any party for damages or injury to natural resources. 21. The Department reserves the right to require Respondent to take any and all additional measures should the Department determine that such measures are necessary to protect human health

s. 21. The Department reserves the right to require Respondent to take any and all additional measures should the Department determine that such measures are necessary to protect human health and/or the environment. Nothing in this ACO constitutes a waiver of any statutory right or enforcement powers of the Department to require Respondent to undertake such additional measures should the Department determine that they are necessary. H. GENERAL PROVISIONS 22. Nothing contained in this ACO restricts the ability of the Department to raise the above Findings in any other proceeding, specifically including, but not limited to, proceedings pursuant to N.J.S.A. 13:1E-126 et seq., (commonly referred to as A-901).