Scenario 4: greater than or equal to 9 feet of
excavation in the Northwest Corner or 12 feet in the
ARCO could challenge any DEC-issued ROD but:
$100,000 payment would still be made.
ARCO would have to advocate for one of three alternatives
in proposed settlement, including the five-foot cap over
entire site, the bulkhead, and the hydraulic control and
If ARCO did not challenge the ROD, it would be
required to implement the DEC-selected remedy under
ongoing agency oversight.