Agmt 2007 City of Oakland Port Commissioners

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or "chemicals known to the state (of California) to cause cancer or reproductive toxicity" in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. ~9601, et ~.; the Hazardous Materials Transportation Act, 49 U.S.C. ~1801, et ~.; the Resource Conservation and Recovery Act of 1976, 42 U.S.C. ~6901 et ~.; the Clean Water Act, 33 U.S.C. ~1251, et ~.; the Safe Drinking Water Act, 42 U.S.C. ~300(f), et ~.; the Superfund Amendment and Reauthorization Act of 1986, Public Law 99-499, 100 Stat. 1613; the Toxic Substances Control Act, 15 U.S.C. ~2601, et ~., as amended; those substances defined as "hazardous waste," "extremely hazardous waste," "restricted hazardous waste" or "hazardous substance" in the Hazardous Waste Control Act, 525100 et ~. of the Cali fornia Health and Safety Code; and those materials and substances similarly described in the Federal Insecticide, Fungicide and Rodenticide Act, 7 O.S.C. 5136 et ~., as amended; the Atomic Energy Act of 1954, 42 O.S.C. ~2011 et seq., as amended; the Porter Cologne Water Quality Control Act, 513000 et ~. of the California Water Code; the California Safe Drinking Water and Toxic Enforcement Act (Proposition 65); and in the regulations adopted and publications promulgated pursuant to said laws (hereinafter collectively referred to as the "Laws"). Such materials and substances are sometimes collectively referred to in the Agreement, as "Toxic Materials." Permittee shall become aware of the content of such Laws and all other laws regulating Toxic Materials as enforced by, but not limi ted to, the Environmental Protection Agency, the California Environmental Protection Agency, the Bay Area Air Quality Management District, Alameda County Health Care Services Agency, Department of Environmental Health, California Regional Water Quality Control Board (San Francisco Region) , California Department of Health Services and all state and federal offices enforcing regulations concerning occupational safety and health. It shall be the sole obligation of Permittee to obtain any permits and approvals required pursuant to the Laws. d) Disclosure. If Permittee is required under the Laws or any other federal, state or local laws concerning Toxic Materials, to make disclosures, or provide reports to federal, state or local agencies concerning Permittee's storage, use, generation or disposal of Toxic Materials, Permittee shall concurrently also provide a copy of such disclosures or reports to the Port. e) Business Plan. If Permittee's business conducted within the Premises requires the establishment and implementation of a business plan pursuant to California Health and Safety Code 525500 et ~. concerning the handling of hazardous materials, Permittee shall, prior to occupying the Premises, give written notification to Port that Permittee's business is subject to the business plan requirement of the Code and that the business is in compliance with the Code. A copy of the plan shall be delivered Oyster Bay SlouQh Trail Improvements RIGHT-OF-ENTRY AND INDEMNITY AGREEMENT l02681.v6 10