Res 2009-036 - Laserfiche WebLink

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San Marcos Street Rights-of-Way Parcels rev 03 -18 -09 maintenance activities or repairs arises, Owner may proceed with the activities or repairs provided that: a. Owner provides written notice to the TCEQ at least three days before beginning the activities or repairs; and, b. Owner coordinates with TCEQ to identify procedures that are reasonably necessary to protect workers and the public from adverse health effects associated with potential exposure to the contaminated shallow groundwater and volatile emissions therefrom; and, C. Owner, before beginning the activities or repairs, implements the procedures identified with the TCEQ under 3.b above, and implements other procedures such as erecting barricades and warning signs to prevent public contact with any shallow groundwater that may be exposed; and, d. Owner will, when practicable, capture and contain, for testing prior to disposal, potentially contaminated groundwater which must be removed from the subsurface to facilitate the activities or repairs; however, when capture is not practicable, the Owner will endeavor to maximize overland flow, aeration and volatilizing of contaminants from the exposed shallow groundwater prior to allowing such groundwater to enter any surface waterway. When Owner implements the procedures described above in response to non - emergency maintenance activities or repairs as defined herein, Owner will be deemed to not be in violation of the terms of this Restrictive Covenant. These restrictions shall be a covenant running with the land. Page 3 of 5