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EXHIBIT "A" <br /> Phase l <br /> SCOPE OF SERVICES/FEE ARRANGEMENT <br /> Scope of Services: Albert Ettinger and David L. Wentworth 11 will provide the legal services <br /> described below in the manner described in connection with an investigation of possible legal <br /> issues referenced in this Scope of Services/Fee Arrangement. <br /> 1. Albert Ettinger and David L. Wentworth II will jointly act in the role of lead counsel and <br /> will advise the City of Champaign on all legal and technical matters relating to the <br /> Service Providers investigation of legal issues referenced in the Preamble to this <br /> Agreement. <br /> 2. The Service Providers will investigate, evaluate and provide legal opinions concerning <br /> the following issues: <br /> a. The extent to which the pending application has been submitted in compliance <br /> with procedural requirements set forth in the applicable Federal law, including but <br /> not limited to the Toxic Substances Control Act (hereafter"TSCA") and any <br /> Federal regulations pertaining to said Act. <br /> b. Whether the evidence presented to the U.S. EPA regarding the pending <br /> application, including but not limited to information concerning the physical <br /> characteristics of the proposed site such as the site's topography, geology, soil <br /> characteristics and relationship to the Mahomet Aquifer, and the proposed <br /> design, operation and future monitoring of the landfill site, satisfied the <br /> requirements of Federal law for U.S. EPA approval of the pending application. <br /> c. Whether federal environmental regulations other than those found in TSCA and <br /> the regulations implementing said Act are implicated and possibly violated by the <br /> pending application as currently written and supported, including but not limited <br /> to the Clean Water Act (33 U.S.C. §1251 et seq.)and the Resource Conservation and <br /> Recovery Act(42 U.S.C. 6901 et seq.). <br /> d. Whether U.S. EPA approval of the pending application would be in conflict with <br /> any applicable State or Local law, including controlling regulations in the Illinois <br /> Environmental Protection Act (415 ILCS 5/1 et seq) and controlling Dewitt <br /> County, Illinois land use regulations, such as any applicable special use permit or <br /> other land use approval requirements for the proposed landfill, <br /> 3. The Service Providers will review the administrative record maintained by the U.S. EPA <br /> concerning Clinton Landfill Inc.'s pending application, available on the internet at <br /> http://www.epa.gov/reg5rcra/wptdiv/sites/ClintonLandfill, and applicable Federal, State <br /> and Local law to the extent necessary to evaluate and provide legal advice to the City <br /> regarding the issues identified in paragraph 2 above; it being acknowledged by the <br /> parties that as of the date of this Agreement, the on-line administrative record is <br /> incomplete and limited. <br /> 4. The Service Providers will investigate the administrative records of the [EPA or any other <br /> State Agency with relevant regulatory authority to ascertain whether Clinton Landfill Inc. <br /> or any other applicant has lawfully obtained all required approvals to authorize the <br /> disposal of hazardous wastes such as substances containing benzene or other <br /> hazardous or toxic substances that are currently being accepted at the landfill being <br /> operated by Clinton Landfill, Inc. in Dewitt County, Illinois. <br /> 8 <br />