Free Appendix - District Court of Delaware - Delaware

I _ I Case 1:05-ev-00443-GI\/IS Document 3-10-- Filed 06/28/2005 Page 1 0f 4
Appendix P

I Case 1:05-cv-00443-GIVIS Document 3-10 Filed Oe/28/2005 Page 2 of 4
( APPENDIX P I
I This Agreement and Order on Consent ("Agreement") is entered into by the State of
. Delaware Department of Natural Resources and Environmental Control (“Dl\lYREC") and
E i Formosa Plastics Corporation, Delaware (“Formosa"), in connection with an enforcement action
E captioned U.S. and State of Delaware v. Formosa Plastics Corporation, Delaware, C.A. No. 05-
___, District of Delaware (the "Enforcement Action"). The Enforcement Action was resolved
via a Consent Decree that became effective on .-
In paragraph _ ofthe Consent Decree, the parties agreed to memorialize certain of the -
A obligations of Formosa in an enforceable agreement between DNREC and Formosa, and on that
basis it is agreed as follows: A i ‘ .
i l. This Agreement shall apply to and be binding upon the parties to this action and
their successors and assigns. _ .
E I 2. Formosa agrees that it shall implement and adhere to the following plans: Waste ·
l ‘ ( Analysis and Management Plan (Exhibit l), PVC Solids Management Plan (Exhibit 2), and the
_ Hazardous Materials Contingency Plan (Exhibit 3, collectively, the "Plans"). - -
P3. Formosa enters into this Agreement in order to resolve disputed claims, without
l ` admission of fact, violation, or liability. Formosa agrees that this Agreement _is lawful and `
enforceable. DNREC agrees that execution of this Agreement by Formosa does not constitute an
admission of any fact or violation of any law or an admission of any liability to any person. This i
_ Agreement shall not be used by DNREC for any purpose in any proceeding, except a proceeding
l to enforce the terms of this Agreement. .
- _ 4. The parties agree that in the event of disputes under this Agreement, reasonable (
efforts shall be rnade to resolve such disputes without resorting to enforcement action. It`
P enforcement action is necessary, DNREC agrees, where practicable, to endeavor by conciliation

I ’ Case 1 :05-cv-004_43-GI\/IS Document 3-10 Filed 06/28/2005 Page 3 of 4
· I to obtain compliance with the requirement of this Agreement. DNREC reserves its discretion to
take such enforcement action as is reasonably necessary under the circumstances to effectuate
this Agreement. _ `
I - 5. This Agreement shall not be amended except in writing signed by the parties.
Formosa may revise the Plans on the following basis: »
I (a) Material revisions to the Plans shall be made only with agreement of the I
` parties. Failure by DNREC to object to a proposed material revision to a Plan within 30 days of
submission by Formosa shall be deemed as agreement to the proposed revision. I
I (b) Non-material revisions to the Plans may be made by Formosa at any time,
I and written notice of such revision shall be provided to DNREC within 30 days of implementing
II such revision. Failure by DNREC to obj ect to a claimed non-material Irevision within 30 days of .
‘ notification shall be deemedI as agreement that such revision is non-material.
I 6. I This Agreement becomes final and effective oIn the date of execution by the
I Secretary of DNREC. I F I - I ‘ I .
· - DATE: ‘ I I I
Kevin P. Maloney (I.D. No. 24lO)
_ Deputy Attorney General I _
- I , - DNREC Legal Office _
. _ ’ 89 Kings Highway
. ` F _ Dover, DE 19901
` (302) 73 9-4636 .
p - p Attorney for State of Delaware I.

‘ I Case 1:05-cv-00443-GI\/IS Document 3$10 Filed 06/28/2005 Page 4 of 4 `
DATE; _
on behalf of
. , Formosa Plastics Corporation, Delaware
S DATE: I
‘ p _ Robert W. Whetzel, Esquire (LD. No. 2288) R
. Richards, Layton & Finger
` One Rodney Square
P.O. Box 551 .
r . . Wilmington, DE 19899
` . ` .. (302) 651-7634
Attorney for Formosa Plastics Corporation,
. · _ Delaware P
_ . IT IS SO ORDERED this ` day of , 200_. _
- · - I s r Secretary, DNREC . t