qScenario 4: greater than or
equal to 9 feet of excavation in the Northwest Corner or 12 feet in
the Shoreline Area.
qARCO could challenge any DEC-issued ROD
but:
q$100,000
payment would still be made.
q 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 containment.
qIf ARCO did not challenge
the ROD, it would be required to implement the DEC-selected
remedy under ongoing agency oversight.