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  • (b)

    All use and development of the Capped Property shall preserve the integrity of the Cap.

  • (c)

    Any proposed alteration of the Cap requires written approval by the Department.

  • (d)

    Covenantor shall notify the Department of each of the following: (i) The type, cause, location, and date of any disturbance to the Cap that would likely affect the ability of the Cap to contain subsurface hazardous wastes or hazardous materials in the Capped Property, and (ii) the type and date of repair of such disturbance. Notification to the Department shall be made as provided below within 10 working days of both the discovery of any such disturbance and the completion of any repairs. Timely and accurate notification by any Owner or Occupant shall satisfy this requirement on behalf of all other Owners and Occupants.

4.05. Access for Department. The Department shall have reasonable right of entry and

access to the Property for inspection, monitoring, and other activities consistent with the

purposes of this Covenant, as deemed necessary by the Department in order to protect the public

health and safety and the environment.

4.06. Access for Implementing Operation and Maintenance. The entity or person

responsible for implementing the Implementation & Enforcement Operation and Maintenance

Plan shall have reasonable right of entry and access to the Property for the purpose of

implementing the Plan until such time as the Department determines that no further operation

and maintenance will be required.

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