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Filed for Record A3/311202211:41:10 AM - Kittitas County, WA Auditor - 202203310018 Page 5 of 1S State, If rcquestod by State, Crantce must describe its financial condition and the self-insured funding mechanism. Wastc. Grantee shall not cause or permit any filling activity to ocour in or on the Easement Area other than regular and routine maintenance, exccpt as approved by State. Grantee shall not deposit refuse, garbage, or other waste matter ot usc, storc, generaten ptor,ess, transport, handle, rcleasq or dispose ofany hazardous substance, or other pgllutants in or on the Easement Arsa, cxccpt as approved by State. The term hazardous substance means any substance or material as thosc terms are now or aro hercafter defincd or regulated under any federal, state, or local law including but not lirnited to thc Comprehensive Environrnental Response, Cornpensation and Liability Aot (CERCLA 42VSC 9601 et seq,) as administered by the US Environmental Protection Agcncy, or the Washington Model Toxic ControlAct (MTCA RCW 70.105D) as administercd by the State I)ept. of Ecology, Grantee shall immcdiately assume responsibility for a hazardous substance release (spill) caused by Grantee or its Permittees on or a{oining the Easement Area. As responsible party, Grantee shall:. Immediately notify all necessary emergency response agencies, as required under federal, state and local laws, regulations, or policies. r Following omcrgency rcsponse agency notifications, notiS State (Dept. ofNatural Resources) ofall spill rcleases and Grantee actions completed for spill reporting and act'pns pianned or completed toward spill cleanup. State notification requirements are "same business dat'' notification for normal state work days and "next available business day': noriS"rtion for wsckends and holidays.. At Crantees sole expense, conduct all actions necossary to mitigate the spill release. Mitigation res?onse aotions may include, but are not necessarily limited to, inhial release containment, follow-up site cleanup and monitoring actions, and continued . contact and coordination with regulators and State, as defrned under the aforcmcntioned laws, regulations, policies and this agrcement" . Other than performing initial cmergcncy rcsponse cleanup/eontairunent aations; obtain apptovals in advance ofall site cleanup actions (e,g. site characterization investigations, feasibility studies, site cleanup and confirmation sampling, and groundwater monitoring) conduoted on State lands, in coordination with regulatory agencies and State. . Obtain and understand all necessary hazardous substance spill rcleasc notification and response mitigation requirements, in advance of conducting Grantee operations on State land. 5 of l7 FrsementNo.50-t03249