Common use of Operable Unit Clause in Contracts

Operable Unit. If Dispute Resolution is not invoked within thirty (30) days after the Project Managers’ discussion concerning the modification, or if the need for modifying an Operable Unit is established through Dispute Resolution, the Operable Unit, as defined in Section II – DEFINITIONS, shall be modified. 9.2.4 In the Site Management Plan, USACE shall include a Schedule and Milestone(s) for submitting RI/FS Work Plan(s) for the Operable Units, except for those Operable Units for which RI/FS Work Plans have already been submitted. When a new Operable Unit is established under Subsection 9.2.2, USACE shall, in the next draft amendment to the Site Management Plan, propose a Milestone for submitting of a RI/FS Work Plan for the new Operable Unit. When an Operable Unit is modified under Subsection 9.2.3, and RI/FS work is appropriate for the modified Operable Unit, USACE shall, in the next draft amendment to the Site Management Plan, propose a Milestone for submitting a RI/FS Work Plan for the modified Operable Unit. The RI/FS Work Plan(s) shall contain proposed Schedules and Milestone(s) for the submittal of the RI/FS Report(s). The Schedule(s) and Milestone(s) included in the Final RI/FS Work Plan(s) shall be incorporated into the Site Management Plan in accordance with Section XI – DEADLINES AND CONTENTS OF SITE MANAGEMENT PLAN of this Agreement. The development of the FS(s) will proceed in accordance with Subsection 9.2.7 of this Agreement. 9.2.5 For those Sites that the Parties determine represent a negligible or minimal risk and are strong candidates for no action, USACE shall submit a concise FS statement indicating negligible or minimal risks were found and no action is warranted. If the Parties determine that no action is required, a no-action Proposed Plan will be prepared. A Schedule for completing a no-action Proposed Plan will be developed in accordance with Section XI – DEADLINES AND CONTENTS OF SITE MANAGEMENT PLAN of this Agreement. 9.2.6 RIs shall be conducted in accordance with the requirements and Schedules set forth in the approved RI/FS Work Plan(s) and Site Management Plan. RIs shall meet the purposes set forth in Section IV – PURPOSE, of this Agreement. A Baseline Risk Assessment shall be a component of the RIs. Final Site clean-up level criteria will only be determined following completion of the Baseline Risk Assessment. 9.2.7 USACE agrees it shall develop, implement, and report upon a FS for areas subject to a RI. The FS shall be conducted in accordance with the requirements and Schedules set forth in the Site Management Plan. The FS shall meet the purposes set forth in Section IV – PURPOSE of this Agreement.