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Displaying 1 - 15 of 46 results
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Do settlement communications, such as past “agreements in principle,” impact the implementation of the final Consent Decrees?
The parties are bound by the terms of the various final, publicly available consent decrees. These consent decrees were made available for public comment before they were finalized and entered by the Court. Past settlement communications and documents created in the course of settlement discussions have been incorporated (or not)…
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What is the Confidentiality Order?
The Confidentiality Order (Order) is a court order entered by the Federal District Court for the District of Montana (Court) on August 8, 2002, and amended by the Court on December 31, 2003, that applies to Superfund settlement negotiations in the Clark Fork River Basin, including the following sites: Silver…
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How does EPA ensure that the potentially responsible parties complete their work?
All cleanup activities performed by the PRPs are subject to enforcement instruments (i.e., consent decrees or administrative orders) that provide for EPA approval of all deliverables and oversight of all work performed by the PRPs.
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May I use the pamphlet “Protect Your Family From Lead in Your Home” to meet my obligations for pre-renovation education under the RRP Rule?
Answer: No. As of December 22, 2008, only the pamphlet “ Renovate Right ” may be used to comply with the pre-renovation education requirements of the RRP Rule. “ Protect Your Family ” is still available for use during real-estate sales and lease transactions and for general information. Question Number…
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My firm is replacing windows in a condominium. Is this type of exterior work considered work in a common area, and if so, must other owners and occupants be informed about the job?
Exterior renovations of multi-unit target housing are considered renovations of a common area. A common area is a portion of a building that is generally accessible to all residents or users of the building. Renovations in common areas of multi-unit target housing, such as condominiums, must be performed in accordance…
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Under the Pre-Renovation Education Rule, I have the option of using a certificate of mailing to notify the owner or occupant. What is the difference between a certificate of mailing and certified mail?
A certificate of mailing is a receipt showing evidence of mailing, while certified mail provides proof of mailing and delivery of mail. When using the certificate of mailing option, no record is kept at the mailing office and a receipt is not obtained when mail is delivered to the addressee…
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When multiple contractors are involved in a single renovation, must every contractor provide pre-renovation education? Can a certified firm assign its responsibility to a property management company?
All firms performing, offering or claiming to perform renovations are responsible for ensuring compliance with the pre-renovation education requirements of the RRP Rule. However, it is unnecessary for the same notifications and information to be given out repeatedly during a single renovation. Accordingly, a firm may discharge the task by…
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Can you explain who has authority over the active mine vs the Superfund site?
The Montana Department of Environmental Quality has regulatory authority over the active mine. EPA is the lead agency for the Silver Bow Creek/Butte Area Superfund Site and works in consultation with MDEQ to ensure the cleanup of the Site.
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Where can I go to learn more?
PitWatch.org is the online home of the Berkeley Pit Public Education Committee. This volunteer committee educates residents, students, and the public about the environmental management of the Berkeley Pit. Information includes the geology, hydrology, current events, and ongoing academic research associated with the Berkeley Pit. This committee frequently shares their…
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When will construction begin in the Silver-Bow Creek Corridor?
Construction in the Silver Bow Creek corridor began in 2024 with the Grove Gulch Project.
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Why is the Confidentiality Order important?
The Confidentiality Order (Order) has been, and continues to be, effective in assisting the parties in reaching settlements under the framework established by the Court in US v. ARCO and still pending in court – six consent decrees to date have been entered since the Order was issued. There are…
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I am planning on sending the pamphlet via certificate of mailing to a tenant who occupies a unit scheduled to be renovated. Does the tenant’s name need to be addressed on the mailing, or is it acceptable to address the envelope to Attn: Tenant/Occupant?
Answer: The tenant’s name and address must be indicated on the mailing. The RRP Rule requires a renovator to provide the “Renovate Right” pamphlet to an adult in each unit. Therefore, the name and address of an adult occupant in each unit must be indicated on the mailing. The renovator…
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If working in target housing occupied by persons who are blind, how should a firm comply with the pre-renovation information distribution requirements?
EPA’s pamphlet titled Renovate Right: Important Lead Hazard Information for Families, Child Care Providers and Schools is currently not published in a Braille format. In addition to distributing the regular pamphlet, a firm working in such an environment should take extra precaution to ensure that the owner and occupants are…
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If a firm completely blocks access to a common area for the duration of a renovation, does the renovator still have to provide notifications to all tenants?
When tenant accessibility to a work site within a common area can be precluded for the duration of a renovation, EPA considers that work site to be temporarily excluded from the common area of the building for pre-renovation education purposes because it is not accessible to the residents and users…
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If a renovation is to be performed on a common area in a pre-1978 building that contains a mix of studio apartments (0-bedroom dwellings) and apartments with one or more bedrooms, what pre-renovation education requirements would apply?
With respect to apartments with 1 or more bedrooms, the renovator must provide written notification to an adult occupant of each dwelling no more than 60 days before any renovation activity commences. See 40 CFR 745.84(b)(2 ). As a reminder, notice of renovation activities in common areas may be provided…
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