Extract to table

§ 7003(d), a proposed consent decree in an action brought by the United States under the environmental statutes must be lodged with the court at least 30 days before entry, and notice of the lodging must be published in the Federal Register, providing an opportunity for public comment

The United States is required to consider the comments received and to provide the court with its response to those comments

Conversely, if remediation can be achieved at lower cost, the Defendants benefit from the savings but must nonetheless satisfy all performance milestones and applicable standards

If the updated cost estimates exceed the existing financial assurance by more than 10%, the Defendants must increase the financial assurance to match the updated estimates within 60 days of notification by EPA

The surety bond is subject to annual renewal, and the Defendants must provide evidence of renewal to EPA and the Court no later than 60 days before each renewal date

The Decree establishes a three-tier dispute resolution mechanism for any disputes arising under the Decree: (i) Tier 1 — Informal Negotiation: The parties shall first attempt to resolve the dispute through informal negotiation within 30 days of the date on which the dispute arises