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Enforcement Agency or its designee (the "LEA~) of such suspected substantial noncompliance <br />and, immediately after notifying WMAC and the LEA, the Community Monitor may notify any <br />appropriate regulatory agency with jurisdiction over the suspected substantial noncompliance; <br /> <br /> 5.7.7. conducting inspections and monitoring and accessing the ALRRF <br />site as authorized by subsection 5.8, below; and <br /> <br /> 5.7.8. conducting truck counts as authorized by subsection 5.9, below. <br /> <br /> 5.7.9. reviewing all testing data and source information submitted to <br />WMAC, as provided in Condition No. 2.1 of Exhibit "A" attached hereto with regard to <br />acceptance of soil at ALRRF, and Condition No. 2.2 of Exhibit "A" attached hereto with regard <br />to any proposed acceptance at the ALRRF for any use or disposal of material that (a) requires a <br />variance from the then existing permit conditions at ALRRF in order to be accepted there <br />("variance waste"), or (b) is a ha?ardous waste that has been declassified or is proposed to be <br />declassified for purposes of acceptance at ALRRF ("declassified waste"). The Community <br />Monitor may review the propriety of such receipt of material under all applicable laws and <br />regulations and may notify or consult with any appropriate regulatory agency regarding such <br />action. <br /> <br /> 5.8. Periodic Inspections. The Community Monitor may inspect the ALRRF <br />up to twelve (12) times per calendar year. Such inspections shall occur upon simultaneous <br />telephonic or personal notice to WMAC. WMAC shall provide the Community Monitor the <br />appropriate contact(s) and telephone number(s) for notice pursuant to this subsection. WMAC <br />shall have the right to have a representative accompany the Community Monitor on any such <br />inspection, lfthe Community Monitor is a firm or organization, the Community Monitor shall <br />provide to WMAC in advance of any inspections the identity of the specific person(s) who will <br />carry out its inspections under this subsection. <br /> <br /> 5.8.1. In addition to conducting same day inspections as provided above, <br />the Community Monitor may accompany any authorized government or regulatory inspectors on <br />their visits to and inspections of the facility, provided that the government or regulatory inspector <br />consents to such participation by the Community Monitor, the government or regulatory <br />inspector retains control of the inspection, and the Community Monitor does not interfere with <br />the work of the government or regulatory inspector. The LEA shall provide reasonable notice to <br />the Community Monitor of its regular and other inspections of ALRRF and allow the <br />Community Monitor to accompany its inspector(s) on any such inspections, in the case of <br />impromptu inspections, telephonic notice to the Community Monitor, including the leaving of a <br />telephone message, shall constitute reasonable notice. <br /> <br /> 5.8.2. The Community Monitor may notice up to six (6) additional same <br />day inspections per calendar year if, in the conduct of the Community Monitor's duties, the <br />Community Monitor reasonably determines that the ALRRF is in substantial noncompliance <br />with any environmental law or regulation, the substantial noncompliance is reported to the <br />applicable regulatory agency, and the regulatory agency determines that there is a substantial <br />noncompliance problem. Such additional inspections may qualify for additional compensation to <br />the Community Monitor within the twenty percent (20%) limit set forth in subsection 5.3.3, <br />above. <br /> <br /> 1 <br /> I <br /> Final Altamont Settlement Agreement <br /> <br /> <br />