| (a) Third party contractor. The Applicant shall contract
with a third-party contractor at its own expense to prepare an EIS
and any associated documents required for consideration by the executive
administrator.
(b) Executive administrator approval. The executive
administrator must approve of and participate in the Applicant's selection
of the third-party contractor. The third party contractor shall be
selected on the basis of its qualifications to prepare the EIS, including
experience with data collection and analyses as well as with the clear
presentation of information and data. The third-party contractor shall
be responsible for providing technical advice to the Applicant and
for receiving and incorporating technical advice from the executive
administrator.
(c) The third-party contractor shall not have any financial
or other interest in the proposed project and must submit a disclosure
statement to the executive administrator documenting the fact that
it has no financial or other interest in the project.
(d) Contract with third party. The Applicant and the
executive administrator must agree to the creation and terms of a
contract with the third party jointly selected by them to prepare
the EIS. The contract terms must ensure that the third party does
not have recourse to the Board or the EPA for financial or other claims
arising under the contract.
(e) The third-party contractor shall cooperate with
the executive administrator and shall provide draft documents, analyses,
and conclusions that adequately assess the relevant environmental
issues for review, comment, and direction from the executive administrator.
The executive administrator shall have sole responsibility to ensure
that the EIS and any associated documents adequately address the relevant
environmental issues.
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