Common use of Management of Hazardous Substances Clause in Contracts

Management of Hazardous Substances. During the Work Period, the responsibilities of the parties with respect to the management, treatment, handling storage, remediation and removal of all Hazardous Substances shall be allocated and undertaken in accordance with the following terms and conditions: (a) The Department shall reimburse Concessionaire for its Allocable Costs incurred for the management, treatment, handling, storage, remediation and removal of Pre-Existing Hazardous Substances discovered on the property owned as of the Agreement Date by the Department within the Project Right of Way (“VDOT Existing ROW”), subject to compliance with Section 7.09(c). (b) The Concessionaire shall be responsible for the management, treatment, handling storage, remediation and removal of all other Hazardous Substances discovered in the course of its work on the Project. (c) The parties shall carry out their respective responsibilities in accordance with the provisions of the Technical Requirements, which entail, at a minimum, that: (i) the Concessionaire shall obtain all environmental site assessments of the affected property and submit copies of such assessments to the Department for its review and approval; (ii) the Concessionaire shall develop the plans, subject to the review and approval of the Department, for the management, treatment, handling, storage, remediation and removal of the Hazardous Substances, and shall obtain all necessary Regulatory Approvals to implement such plans; and