Common use of Target Levels Clause in Contracts

Target Levels. The cleanup goal at this site is to protect receptors and reduce risk to human health and the environment by reducing the contamination mass within the area of concern (as shown in Figure 1). The attainment of this goal is achieved at this site by focusing the remediation within the source area (as shown in Figure 1), and using key and perimeter monitoring ▇▇▇▇▇ as the primary indicators of the level of contamination within the area of concern. However, the groundwater target levels are for the entire area of concern, not just the key and perimeter ▇▇▇▇▇. Therefore, the DEC may consider the installation of confirmatory monitoring ▇▇▇▇▇ to ensure the target levels, as defined below, have been met throughout the entire area of concern. The cleanup target levels for this agreement are listed below. a.) Key monitoring ▇▇▇▇▇ (see, #3 below for a list of these ▇▇▇▇▇): CoCs (see Table 1) will be reduced from the average baseline concentration by at least 95 percent; the comparative value is obtained by averaging the total contaminant level for each well (see Table 2 for baseline data). In addition, at each individual well the contaminants of concern will be reduced from that specific well’s baseline concentrations by at least 90 percent. If the Vermont Groundwater Enforcement Standard (VGES) is a value higher than the required 90% reduction at a well, then the enforcement standard will be the target level. b.) Perimeter monitoring ▇▇▇▇▇ (see #4 below for a list of these ▇▇▇▇▇): CoCs will be reduced to concentrations below their VGES (see Table 1). [NOTE: This clause is a site specific option] c.) DEC Confirmatory Monitoring ▇▇▇▇▇ (If installed as specified under ▇▇▇▇▇▇▇▇▇ #▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇): The DEC may install, at its sole discretion and cost, additional monitoring ▇▇▇▇▇ and borings to confirm the attainment of any milestone. If three or more confirmatory monitoring ▇▇▇▇▇ are installed, then the milestone to be confirmed will be considered met when the following occurs: • the average groundwater concentration of the total CoC among the confirmatory monitoring ▇▇▇▇▇ is below the average CoC concentration specified for a given milestone; and • no confirmatory monitoring well has a total CoC that exceeds the maximum allowable concentration for attaining that milestone. If one or two confirmatory monitoring ▇▇▇▇▇ are installed, then the milestone to be confirmed will be considered met when the following occurs: • no confirmatory monitoring well has a total CoC that exceeds the maximum allowable concentration for attaining that milestone.